Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: drycleanerfromdesmoines on October 30, 2024, 09:50:31 pm
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Outcome (https://drive.google.com/file/d/1x4f6dUbptQkg3jiyOv7Zvagzw7AQSnkx/view).
Useful for yet another scrap tomorrow. Sorry - hotly contested appeal!
In addition, I agree with the decision of my learned colleague Mr Greenslade in the case cited by the Appellant, 2240178326
Maurice Fisher v London Borough of Hackney, in which he said that "it is not open to the Enforcement Authority to seek any sum beyond the prescribed amount or any amount at all whilst an appellant is appealing to the Environment and Traffic Adjudicator."
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Outcome (https://drive.google.com/file/d/1x4f6dUbptQkg3jiyOv7Zvagzw7AQSnkx/view).
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;D 224053069A
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Appeal filed.
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PM sent.
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Hi @Hippocrates - as you predicted my representation was rejected.
Have added the letter/forms they sent me to the same google drive folder as before. link here...
https://drive.google.com/drive/folders/1rv02wXBuR3Wjyq7ENUOmGTRwFOTp8Xe3?usp=share_link
What do you think? What should I do now?
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Get back to us when they reject.
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Amazing. Thanks for finding the time for this - really appreciate your help.
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Sorry as really busy with cases.
Website and copy.
1.Contravention did not occur because video shows no signage passed.
2.The status quo of the payment contains wrong dates. It is essential that a recipient is clear when and what to pay either the discount or the full amount. (Include the screenshot).
3. I finally make a collateral challenge as the PCN cannot possibly act as a Notice to Owner, only a Regulation 10 Parking PCN and, indeed, the PCN contains a whole section of information which belongs to parking legislation, but not any grounds pertaining to a Notice to Owner. Therefore, it is a nullity.
In light of the above, please cancel the PCN.
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Lewisham allow you to make representations thru their website but not sure if it’s better to write a letter?
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Hi @Hippocrates. Appreciate you’ve prob just not had time to draft a response for me. I’m a bit jumpy about replying to Lewisham by tomorrow as it’s the date the fine doubles. I can have a go and write something myself if u can give me a few pointers maybe?
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Amazing... thank you
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First. This is a threat and the date is wrong re increase:
Penalty Charge Notice details
Ticket ReferenceZY09834116
Your PCN is at discount stage. PCN process information
Vehicle Registration NumberYR11UJD
ColourBLUE
MakeMINI
Contravention53j - Failing to comply with a restriction on vehicles entering a pedestrian zone (camera enforcement)
LocationPascoe Road junction with Ennersdale Road
First seen atTue, 8 Oct 2024 15:20
Issued atTue, 8 Oct 2024 15:20
Served byPost
The amount outstanding on the Penalty Charge Notice will increase to £130.00 on Sun, 10 Nov 2024. Please pay £65.00 now.
*****
Second. The video shows no signage passed.
I am busy until the afternoon but will compose a draft later. This council also tends to mess up the process.
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This is the google street view - but not updated since the pedestrian zone was introduced
https://maps.app.goo.gl/19wvyrsVKWKNPzHm6
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Hi the video can be viewed here...
https://pcnevidence.lewisham.gov.uk/pcnonline/index.php
pcn no... ZY09834116
reg YR11UJD
PCN notice scans now added to google drive link
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Can I challenge the PCN on the grounds that these signs are not fit for purpose and practically illegible to anyone driving a vehicle?
Of course you can, but need to build a cast-iron case, so please read below.
Sorry, but we need much more info to give considered advice, and for moving traffic offences, it is essential we see the video.
So please read this and update your thread accordingly: -
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
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Hi
I was caught on camera turning into a Schools Street (Pascoe Road) during restricted hours.
I won't post the video as it clearly shows me doing exactly that.
However although I recall making the journey, I don't recall registering the warning sign at all and when I went back to the junction (as a pedestrian) I noted that the restricted hours were displayed (on both sides of the junction) at the very top of a whole stack of signage - at what I would estimate to be about 3.5m from ground level. I also noticed that the signs on each side had split down the middle so as to make the restricted hours very difficult to read
I have posted pictures of both signs here...
https://drive.google.com/drive/folders/1rv02wXBuR3Wjyq7ENUOmGTRwFOTp8Xe3?usp=share_link
Can I challenge the PCN on the grounds that these signs are not fit for purpose and practically illegible to anyone driving a vehicle?
My notice was issued on 22/10 so I have until 05/11 to pay a charge of £65 - after that the charge doubles.
I'd very much appreciate your advice on this matter.