Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: privates on June 18, 2023, 01:26:33 am

Title: Re: Going through 'No vehicle' signs during deliveries
Post by: cp8759 on September 26, 2023, 07:32:54 pm

Here is The Lambeth (Prescribed Routes) (No. 7) Traffic Order 2022 (https://drive.google.com/uc?id=1lxI1Z7oRrSs-v3cq-XDpAaUzsBthxIZY), which covers Sandmere Road.

@privates what's happened with all these PCNs? I think I've advised you before that you can't just sit back and wait, given the problems you've had with the post before the burden is on you to check the council website at regular intervals to see if there's any updates.

Title: Re: Going through 'No vehicle' signs during deliveries
Post by: cp8759 on June 20, 2023, 04:19:54 pm

The TMO for Harmood Street is The Camden (Prescribed Routes) (No. 3) Traffic Order 2022 (http://The Camden (Prescribed Routes) (No. 3) Traffic Order 2022).

The TMO for Jamestown Road is The Camden (Arlington Road Low Traffic Neighbourhood) Traffic Order 2022 (https://bit.ly/3JKOhST).

Title: Re: Going through 'No vehicle' signs during deliveries
Post by: privates on June 20, 2023, 01:08:23 am

I am awaiting on the hire agreement, hopefully will be given by tomorrow.

The draft representation has been sent over to Lambeth council.

Title: Re: Going through 'No vehicle' signs during deliveries
Post by: cp8759 on June 20, 2023, 12:36:49 am

Here's The Camden (Queens Crescent) Traffic Order 2022 (https://bit.ly/46ekLhS).

So where's the hire agreement?

Title: Re: Going through 'No vehicle' signs during deliveries
Post by: cp8759 on June 18, 2023, 02:48:36 pm

We need to see a copy of the hire agreement then, this could turn out to be an easy win. Just redact name / address / licence number.

Title: Re: Going through 'No vehicle' signs during deliveries
Post by: privates on June 18, 2023, 02:15:35 pm

It is short term hire which is paid weekly.

Title: Re: Going through 'No vehicle' signs during deliveries
Post by: cp8759 on June 18, 2023, 11:46:49 am

Draft representation for Lambeth PCN LJ23956180:

---

Dear London Borough of Lambeth,

I challenge liability for PCN LJ23956180 on the grounds that the penalty exceeds the amount due in the circumstances of the case. This is because the penalty charge states that the penalty must be paid within 28 days from the date of service, and that the discounted rate is available for 14 days from the date of the notice.

Both the period are wrong, as under the applicable legislation they run from the date of the notice and not the date of service.

As the PCN is not compliant with the legislation, the only penalty that may be demanded is nil.

Yours faithfully,

---

Title: Re: Going through 'No vehicle' signs during deliveries
Post by: cp8759 on June 18, 2023, 11:37:09 am

Long term lease, or short term hire? There's a big difference.

The TMO for CU63855570 is The Camden (Prescribed Routes) (No. 5) (Part 2) Traffic Order 2020 (https://bit.ly/3O1iKyU), I'm not aware of any issues with it but someone else may spot something.

In the meantime I'll get hold of the other traffic orders.

Title: Re: Going through 'No vehicle' signs during deliveries
Post by: privates on June 18, 2023, 02:12:14 am

It is a hire vehicle

Title: Re: Going through 'No vehicle' signs during deliveries
Post by: cp8759 on June 18, 2023, 01:38:51 am

First things first, is the vehicle leased or hired, or does your friend have the V5C?

If it is, we can look at the transfer of liability. If it isn't, at least one of those PCNs is out of time.

Title: Going through 'No vehicle' signs during deliveries
Post by: privates on June 18, 2023, 01:26:33 am

Hi,

Appealing these on behalf of a friend who delivers food for a delivery food service.

He has received these tickets for entering streets where no motor vehicles are allowed.

These are streets uber delivery app has guided him through to complete the deliveries to the addresses.

Is there any grounds of appeal?


https://ibb.co/S0b5Kw1

https://ibb.co/swDGB0C

https://ibb.co/r4FjpvD

https://ibb.co/DQ5tWht