Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: HeatherMS on January 27, 2025, 03:46:28 pm
-
No costs application to be filed despite their rude remarks about time wasting arguments, which the Adjudicator found in my favour.
-
The website issues were/are as follows:
1. Incorrect projected dates of increase before making representations and incorrect date of issue of PCNs. Website states the PCN issue was the same as the date of the captured contravention whereas the actual issue date was 3 days later i.e. the date of the PCNs. The highlighted/emboldened box stating PAY NOW.
2. Truncation of period of 14 day discount period in the NORs since the council did not take into account the deemed served issue in their calculations.
I referred to 2240362722 in this regard, save for the final part of Mr Houghton's decision pertaining to the final threats to increase to £195, which Lewisham have removed. Yes we were lucky with the choice of Adjudicator. Another would not have entertained the collateral arguments, as we know.
-
Outcome 1 (https://drive.google.com/file/d/1Q2gXVfWQaIinsG3EAwL5tq7whubbFJu9/view)
Outcome 2 (https://drive.google.com/file/d/1hkIpVx9xxL_ke07SDtFq8jVWGgk4l8dH/view)
I would not rely on those decisions in future cases, most adjudicators would say that the authority is entitled to offer a more generous discount period than the statutory minimum and I very much doubt anyone would follow these decisions. I think you've been very lucky, but a win is a win.
-
@HeatherMS it has been an absolute pleasure to work with you and thank you for trusting me and your kind words. We were lucky with the lottery system! A costs application to follow and Press. ;D As you know, they made some rather vexatious comments about me.
-
I just wanted to send a huge thank you to Hippocrates for helping me with these penalties from Lewisham Council, its been going on for about 5 months. I appealed (with his help) and finally had our hearing yesterday and he represented me pointing out the errors they had made regarding date, times and payments. I really didnt think they would allow the appeal and I would end up with a bill of around £1100 but it went in my favour and my appeal was allowed and the Adjudicator has informed Lewisham Council to cancel all the 8 tickets! What a fantastic result. Hippocrates was absolutely brilliant, a lovely man and he kept in touch regularly by phone and email and he is now definitely a friend for life! I am so glad I found this forum, I couldnt have done and won it without you! :-*
-
;D ;D ;D ;D ;D ;D ;D ;D 225006218A and 2250094845. Phew! More to follow as Lewisham wrote rather vexatious statements about me.
If you forgive the pun, this is somewhat catastrophic for the council. :D
-
As I am directly involved with the 1st PCN, I will now advise privately re the others. I am considering a JR PAPL.
-
This was the rejection letter.
I have dealt with this one and deal will with the others later today. In direct contact with the OP.
https://www.ftla.uk/index.php?action=dlattach;topic=4877.0;attach=11261
Ticket ReferenceZY11627646
Served byPost
The amount outstanding on the Penalty Charge Notice will increase to £130.00 on Thu, 6 Feb 2025. Please pay £65.00 now.
You have already made representations for this PCN and we replied on Thu, 23 Jan 2025. You cannot make representations twice
-
PM sent.
-
i am not very good at how to post screenshots onto here? (too old ::) can anyone advise me how I can do it? thank you :P
I will take a look but I need every single PCN detail please. I have a case against them shortly on this same issue.
-
i am not very good at how to post screenshots onto here? (too old ::) can anyone advise me how I can do it? thank you :P
-
1. This is a disproportionate number of PCNs. At a different location I got 24 ot of 24 cancelled AFAIR.
2. Please screenshot every PCN payment status on their website and report back as there may well be a problem.
I advise going to the Tribunal and am happy to represent you.
As above, please fill in the blanks.
-
Please clarify
How many PCNs did you submit reps for?
How many reps have been rejected?
A timeline for each possible contravention and whether you have received PCN/made reps/received rejection/ would help:
(date entered)(PCN No.) (date of PCN) (date PCN re'd) (date reps made) (date of NoR) (date NoR rec'd)
You would normally make reps against them all together and ask for those issued after the 1st but before the 1st was received to be disregarded, but as you may have gathered, there is something wrong with this location and its PCNs so wait for the experts like @Hippocrates to comment.
----
EDIT - my post crossed with Incandescent.
-
It doesn't look good, I'm afraid. Here is the advance sign on Dermody Road that you drove down to turn right into Leahurst Road : -
https://maps.app.goo.gl/HVwLye8x6Ko7e8iA8
and here are the restriction signs themselves, mounted far too high in my view but they get away with it, I'm afraid.
https://maps.app.goo.gl/R9koUaiVLiKQmBvGA
You may well have driven along Leahurst Road in the past without penalty, (1) the restriction has only been there since the GSV view of September 2022, and (2) you drove down there outside the restricted times.
What I suggest you do is list here the PCNs and their date, and date received. Representations have been won in the past based on the appellant only becoming aware of the restriction on receiving the first PCN on a certain date, with the others dated after PCN 1, but not being received until PCN 1 arrived.
There may be other representation and appeal arguments based on Lewisham mismanagement of the enforcement process, so wait a bit to see what is suggested.
-
This was the rejection letter.
[attachment deleted by admin]
-
I had to look after a friends cat recently as her cattery was fully booked. I have received 8 x penalties over 4 days, 2 per day most of them 1 minute apart for entering pedestrian zone between the school hours of 2.45pm and 3.45pm. I did not see any notices for this and have driven down these roads in the past and never had penalties. I can see from this forum it has happened to others in the past. I appealed and my appeal was rejected of course! They want 8 x fines of £130 totalling £1040 unless I pay within 14 days and then it will reduce to £520. I apologised in my appeal saying it was a genuine mistake and if the signs had been visible I would not have driven down there and that I had also recently lost my mother and on medication for my mental health. Is there anything I can do?
[attachment deleted by admin]