Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Enrolme1 on December 21, 2024, 08:52:29 pm
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Outcome (https://drive.google.com/file/d/1FpFFE3G_T71WAuqQFImq4sZNJ97Jqcwt/view).
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Not allowed to discuss publicly. ;D
Has video destroyed the concept of a public hearing??? :(
The TPT will let anyone dial into a hearing, you just have to ask for the list in advance and let them know which ones you want to listen to, and they email you the link. It might be an idea for someone to try the same with London Tribunals, maybe pick some case at random from the list, email the tribunal and tell them that you'd like to observe proceedings.
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Not allowed to discuss publicly. ;D
Has video destroyed the concept of a public hearing??? :(
You should get in touch with EDW of pepipoo!
https://www.ftla.uk/the-flame-pit/attention-all-recipients-of-pcns-from-lambeth-lewisham-andor-southwark-proposed-/
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Not allowed to discuss publicly. ;D
Has video destroyed the concept of a public hearing??? :(
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Not allowed to discuss publicly. ;D
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Well done!
And what were Mr.Whitlock's responses to each of yr points??
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;D 2250049658
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It's Tribunal time. I will PM you my details. These people cannot read the laws.
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OP, the PCN is c**p.
The power to issue a CC arises after a TWO-PART test:
Part 1 - the PCN has not been paid in full before the end of the 'relevant period'.
Part 2 - deciding on and applying the 'relevant period' for the circumstances:
Relevant period is the period of 28 days BEGINNING on:
a. Where representations are not made, the date of service of the PCN;
b. a condition relating to making an appeal;
c. a condition relating to responding to an unsuccessful appeal to the adjudicator.
And the council somehow manage to distil the above into:
If PCN not paid in full before end of period of 28 days beginning on the date of the notice.
They're morons.
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Hi again,
I am afraid Southwark has rejected my presentation with the attached email.
Would you look at it and advice what could be done?
Best!
I will hand over to Hippocrates, because their reply indicates that an advance sign is in place on your approach. So you would be looking at a 'technical' appeal based on Southwark mismanagement of the enforcement process. As I understand it, this is based around incorrect info on when a Charge Certificate can be served.
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Hi again,
I am afraid Southwark has rejected my presentation with the attached email.
Would you look at it and advice what could be done?
Best!
[attachment deleted by admin]
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PM sent.
Thank you Hippocrates!
I have replied.
Best!
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PM sent.
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I will draft my effort privately and offer to represent you.
Morning Hippocrates,
Than you for your help and offer. That would be great. I do not have much experience.
What can I do?
Best!
Happy Christmas!
I would like very much your offer to draft your ideas and offer to help represent me.
Would you really do that, please?
Let me know how to help myself.
Thanks in advance!
Best
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https://www.ftla.uk/index.php?action=dlattach;topic=4389.0;attach=9838
They cannot serve a charge certificate 28 days from the date of the notice. It must be 28 days from the date of service.
Hi Hippocrates,
I am sorry - I do not understand what you mean - would you elaborate about the charge certificate and the 28 days..., please?
I do like your offer to draft and represent the case.
What I need to do, please?
Thanks!
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Happy New Year all!
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https://www.ftla.uk/index.php?action=dlattach;topic=4389.0;attach=9838
They cannot serve a charge certificate 28 days from the date of the notice. It must be 28 days from the date of service.
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I will draft my effort privately and offer to represent you.
Morning Hippocrates,
Than you for your help and offer. That would be great. I do not have much experience.
What can I do?
Best!
Happy Christmas!
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With no warning sign on De Crespigny Park, you have a good argument for inadequate signage, because the signs are high up, and face you sideways as you approach the junction with Grove Lane. Councils are under a duty in LATOR Regulation 18, to place adequate signage for the restriction. Of course, 'adequate' is subjective, but here I think the assessment has to be inadequate.
https://www.legislation.gov.uk/uksi/1996/2489/regulation/18
So it looks like you have two arguments to put in your representations, (mine and Hippocrates). Certainly do not cough-up just yet ! However, don't miss the deadline for submission of reps.
Hi Incandescent,
Would it be OK to contest on both arguments in same representation or needs to be separate?
And what would be the basis on the contest? The form has got a set reasons for contesting.
What wording would be best to use?
Thanks again and Merry Christmas!
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Merry Christmas All!
Thank you all for looking and helping.
Much appreciated.
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I will draft my effort privately and offer to represent you.
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With no warning sign on De Crespigny Park, you have a good argument for inadequate signage, because the signs are high up, and face you sideways as you approach the junction with Grove Lane. Councils are under a duty in LATOR Regulation 18, to place adequate signage for the restriction. Of course, 'adequate' is subjective, but here I think the assessment has to be inadequate.
https://www.legislation.gov.uk/uksi/1996/2489/regulation/18
So it looks like you have two arguments to put in your representations, (mine and Hippocrates). Certainly do not cough-up just yet ! However, don't miss the deadline for submission of reps.
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Here the PCN attached again.
Yes the wording is poor -
“ Contravention Code and Description:
Southwark Council believes that a Penalty Charge is payable with respect to the above vehicle for the following alleged contravention.”
And
“ Contravention Code and Description:
52 m
Failing to comply with a probation of certain types of vehicle (Motor vehicles)”
Hope that helps?
Thanks,
Best
[attachment deleted by admin]
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PCN please as there is a wording problem.
Hi Hippocrates,
Thank you for taking time to look into my issue.
I have attached the PCN scan with my posting (Front and back) - isn’t it visible?
Shall I re-attach it again?
Best,
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Hi Incandescent,
Thank you for looking at my post.
Yes indeed, I drove from De Crespigny Park (coming from the Kings Hospital end and turned onto Grove Lane towards main road leading to Dog Kennel Hill.
Certainly I do not recall signage on De Cresligny Park and must’ve missed the ones on Grove Lane while manoeuvring…
I looked at the signage and surely is not clear from De Crespigny Park.
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PCN please as there is a wording problem.
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So here are the signs, one each side of Grove Lane at the junction with De Crespigny Park.
https://maps.app.goo.gl/HXx1RiMAH58QS4De9
A look at previous GSV views shows this is a relatively new restriction, because the signs are not there on the GSV August 2022 view.
Can you please outline your route, for example, did it involve driving along De Crespigny Park, and then turning right, or was it a straight drive down Grove Lane ? The restriction is because Lyndhurst Primary School lies on Grove Lane between De Crspigny Park, and Windsor Walk, so removes traffic at school entry and exit times.
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Hi all!
First time at the new home.
Please help - Southwark cameras on a street with timed prohibition- you can drive at certain times and cannot at others - money making machine >:( .
I have driven hundreds of times there as I visit the nearby hospital (i am a disabled driver) and never seen the signs and the cameras…
Junction of Grove Lane and De Crespigny Park SE5, London.
Anything I can do to fight that ticket?
I attach the ticket for your conversation.
Please let me know if anything else is needed.
Thank you in advance.
[attachment deleted by admin]