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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: SergeantYT on January 08, 2025, 01:42:12 pm

Title: Re: 37j - Failing to give way to oncoming vehicles Lambeth Salters Hill
Post by: SergeantYT on January 09, 2025, 03:47:51 pm

This is the rest of the pcn and I will ring back and protest to the lady using what you have said too. I’ve also emailed them aswell.

[attachment deleted by admin]

Title: Re: 37j - Failing to give way to oncoming vehicles Lambeth Salters Hill
Post by: stamfordman on January 09, 2025, 12:53:46 pm

So maybe reps that the failure to make the video available prejudices ability to make effective reps, and Lambeth's office confirms that the video will only be available after reps are made blind.

Title: Re: 37j - Failing to give way to oncoming vehicles Lambeth Salters Hill
Post by: John U.K. on January 09, 2025, 12:24:50 pm

Quote

One oncoming vehicle can be seen in the video, a car that reached the priority area after I merged to the left
lane

I don't see how you can use this sentence without having seen the video. If you are 100% certain you could write something like
As will be shown by the video, one oncoming vehicle reached ....

But I think you'd be best omitting it.

Did you protest to the lady on the 'phone along the lines of But the PCN states I can view...and it's not there ?

Please post the rest of the PCN in case of errors in small print and wait for others to comment, but do not miss deadlines.

Title: Re: 37j - Failing to give way to oncoming vehicles Lambeth Salters Hill
Post by: stamfordman on January 09, 2025, 12:08:00 pm

That's the essence of the representation (it's not an appeal at this stage) - you may as well do it.

I would add:
'Should you reject I have been informed that you will make the video available for scrutiny. I also ask why you are not putting the video online so people can make full representations according to the evidence.'

Title: Re: 37j - Failing to give way to oncoming vehicles Lambeth Salters Hill
Post by: SergeantYT on January 09, 2025, 11:40:14 am

i called the council today and the lady on the phone told me that i can ask to see the video but i would have to do so through an appeal of the pcn. ive had a previous pcn like this cancelled before with this appeal:

Dear London Borough of Lambeth,
I challenge liability for PCN "....." because the alleged contravention did not occur, this is because my
vehicle cleared the priority area while there were no oncoming vehicles within the priority area.
One oncoming vehicle can be seen in the video, a car that reached the priority area after I merged to the left
lane. As such no vehicle that was in the priority area was impeded by my car and I did not fail to afford priority to
any driver in the priority area, it follows that the alleged contravention did not occur..

Please cancel this PCN

do you think i can still use this appeal as well as asking for video evidence in the appeal

Title: Re: 37j - Failing to give way to oncoming vehicles Lambeth Salters Hill
Post by: mickR on January 08, 2025, 11:05:57 pm

both

Title: Re: 37j - Failing to give way to oncoming vehicles Lambeth Salters Hill
Post by: SergeantYT on January 08, 2025, 09:58:15 pm

Do I call them or email?

Title: Re: 37j - Failing to give way to oncoming vehicles Lambeth Salters Hill
Post by: stamfordman on January 08, 2025, 01:55:45 pm

Contact Lambeth and ask them to make the video available online as they don't seem to be putting them up as usual.

Title: 37j - Failing to give way to oncoming vehicles Lambeth Salters Hill
Post by: SergeantYT on January 08, 2025, 01:42:12 pm

I received this pcn in the post today and I’m thinking that I wasn’t in the priority area at the same time as the other car so therefore I made it past before the other car reached there so I’m not to blame? I’ve attached picture of pcn

[attachment deleted by admin]