Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: zincy on August 27, 2023, 07:51:26 pm

Title: Re: Havant Road E17 / Turner Road E17 - 52m Failing to comply with a prohibition on certain types of vehicle
Post by: zincy on September 30, 2023, 10:54:55 pm
Thanks CP, I think I'll just pay it.
Title: Re: Havant Road E17 / Turner Road E17 - 52m Failing to comply with a prohibition on certain types of vehicle
Post by: cp8759 on September 30, 2023, 10:39:06 pm
I have to say, in the absence of any obvious grounds this is going to be 50 / 50 at best. See what others say as you have over a week before the discount expires.
Title: Re: Havant Road E17 / Turner Road E17 - 52m Failing to comply with a prohibition on certain types of vehicle
Post by: zincy on September 29, 2023, 12:58:41 pm
Hi CP & all,

https://www.docdroid.net/J78ufyE/notice-of-rejection-pdf

Notice of Rejection received.

Please kindly advise.

Thanks in advance!
Zincy
Title: Re: Havant Road E17 / Turner Road E17 - 52m Failing to comply with a prohibition on certain types of vehicle
Post by: cp8759 on September 22, 2023, 10:17:52 am
The Waltham Forest (Prescribed Routes) (Vallentin Road region) (No.1) Traffic Order 2023 (https://drive.google.com/uc?id=15fPJ3CcZQED1Bk23HiHe42ebuXSPab1i).
Title: Re: Havant Road E17 / Turner Road E17 - 52m Failing to comply with a prohibition on certain types of vehicle
Post by: cp8759 on September 09, 2023, 12:23:13 am
Did you have any luck in retreiving the new traffic order?
The council has until 27 September to provide it, though Waltham Forest usually come back long before the deadline.
Title: Re: Havant Road E17 / Turner Road E17 - 52m Failing to comply with a prohibition on certain types of vehicle
Post by: zincy on September 06, 2023, 10:39:29 am
I'll share a draft here of my challenge on discretionary grounds for you to once over if that's okay?
Sounds like a plan.

Hi CP

I have now submitted the discretionary appeal. I beleive today was the last day to secure the discount.

Did you have any luck in retreiving the new traffic order?
Title: Re: Havant Road E17 / Turner Road E17 - 52m Failing to comply with a prohibition on certain types of vehicle
Post by: cp8759 on August 28, 2023, 09:19:10 pm
@cp:  there have been decisions about the discrepancy between grounds published on websites and the actual PCN I believe. Adverse I recall.
Look on the PCN spreadsheet, key decisions tab, rows 419 to 422.
Title: Re: Havant Road E17 / Turner Road E17 - 52m Failing to comply with a prohibition on certain types of vehicle
Post by: Hippocrates on August 28, 2023, 08:42:15 pm
@cp:  there have been decisions about the discrepancy between grounds published on websites and the actual PCN I believe. Adverse I recall.
Title: Re: Havant Road E17 / Turner Road E17 - 52m Failing to comply with a prohibition on certain types of vehicle
Post by: cp8759 on August 28, 2023, 05:23:49 pm
I'll share a draft here of my challenge on discretionary grounds for you to once over if that's okay?
Sounds like a plan.
Title: Re: Havant Road E17 / Turner Road E17 - 52m Failing to comply with a prohibition on certain types of vehicle
Post by: zincy on August 28, 2023, 04:23:57 pm
Thanks Cp, much appreciated, as always.

I'll share a draft here of my challenge on discretionary grounds for you to once over if that's okay?
Title: Re: Havant Road E17 / Turner Road E17 - 52m Failing to comply with a prohibition on certain types of vehicle
Post by: cp8759 on August 28, 2023, 01:37:11 pm
The restriction has been in place since 5 November 2021, when The Waltham Forest (Prescribed Routes) (Vallentin Road region) (No.1) Experimental Traffic Order 2021 (https://drive.google.com/uc?id=1Fh5YNjsxerQfvAVsqiCNFa9zrRkwyMHD) came into force.

That order has since expired, so I have requested a copy of The Waltham Forest (Prescribed Routes) (Vallentin Road region) (No. 1) Traffic Order 2023.

The deadline to make representations and preserve the discount is 6 September, the only obvious ground is that the grounds given on the website do not match the legislation:

(https://i.imgur.com/tsJ9wJe.png)

However I'm minded to say that that should be kept in reserve for the tribunal, and a plea for discretion would be the best strategy to buy us some time.
Title: Havant Road E17 / Turner Road E17 - 52m Failing to comply with a prohibition on certain types of vehicle
Post by: zincy on August 27, 2023, 07:51:26 pm
Hi All,

Unfortunately, I got this PCN - Google maps took my wife through here and she simply did not see it.
I think they recently changed the layout of the road but cannot be sure.


CCTV Footage is here: https://drive.google.com/file/d/1VpDuYF7Pi6dqZWc4xYfo5-2W8ZBk76Yz/view?usp=sharing

PCN is here: https://drive.google.com/file/d/1YSiqA7lCLUhGTcpYkrKfZoL1jN5iklYF/view?usp=sharing

Streetview is here: https://goo.gl/maps/mGz23T3eGCe24Xr29



I would be grateful for your help.
Zincy