Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Barnetbod on January 16, 2025, 12:05:45 am
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OP has joined the mugged club.
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@cp8759 This will be tested on 21st as it is arguable also that the 28 days to issue a charge certificate pertaining to representations deadline which, therefore, is absent in the PCN.
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@Hippocrates this looks correct to me?
(https://i.imgur.com/bK7w2dQ.png)
@Barnetbod have a read of this: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/l-b-waltham-forest-50r-performing-a-prohibited-turn/msg7581/#msg7581
If you share the supporting evidence with me privately, I can set up a couple of links with a click counter. I'll drop you a PM.
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Thanks for the responses and the video which I'd never seen prior to this. Not sure what the first comment above means re 28 days.
The PCN wrongly states which action triggers the period in which the council may serve a charge certificate: “If the Penalty Charge is not paid before the end of the period of 28 days beginning with the date of service of this notice an increased charge of £195.00 maybe payable. We may then send you a Charge Certificate.” The law states at Schedule 1 5:
1)Where a penalty charge notice is served on any person and the penalty charge to which it relates is not paid before the end of the relevant period, the enforcing authority may serve on that person a statement (in this paragraph referred to as a “charge certificate”) to the effect that the penalty charge in question is increased by 50 per cent.
(2)The relevant period, in relation to a penalty charge notice is the period of 28 days beginning—
(a)where no representations are made under paragraph 1 above, with the date on which the penalty charge notice is served;
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Thanks for the responses and the video which I'd never seen prior to this. Not sure what the first comment above means re 28 days.
Re the second one, I have an email forwarded from the North London Scouts saying an overnight event was taking place but doesn't specifically mention my child. The leader also got a pcn for the same reason but she has paid and appealed in the hope it will be refunded later.
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Video:
https://www.youtube.com/watch?v=rt8OEBbVYw4
So here: https://maps.app.goo.gl/Kxum277MfacivDZA7
Even if the sign on the planter was obscured, there would have still been two signs, one on either side of the road, so really this is going to be a case for the strategy of last resort (which can win, so don't give up and pay now).
Do you have any evidence about your child's stay?
Also do you have any mitigating circumstances, especially anything unrelated to the alleged contravention?
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The increased payment period is wrongly stated: payment from 28 days of service. Wrong action.
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@Barnetbod you need to read the guidance here (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/) and update your post accordingly.
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@cp8759
Hi, I have received a pcn from London Borough of Haringey, 52M Failing to comply with a prohibition on certain types of vehicle (motor vehicle) turning left Gordon Rd N11 onto Bounds Green Rd. On councils photo evidence online it shows road barriers around the planter so that particular sign was obscured. Please can anyone confirm is it worth making my representation saying exactly that and to refer to their own photo? Separately, my child was staying overnight at the Scout Centre Gordon Rd, so in effect he was a resident that we were dropping off. I'm on day 9 out of 14 so the clock is ticking. Please advise if unlikely to get any joy I'll just pay straightaway as can't afford £130. Thanks
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