Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Mentimate on February 04, 2025, 10:57:36 pm
-
Outcome (https://drive.google.com/file/d/14iZ_Jbt4TNBwou1AqrXLRAgP78Y26flR/view).
Appeal allowed. PCN to be cancelled.
-
Outcome (https://drive.google.com/file/d/14iZ_Jbt4TNBwou1AqrXLRAgP78Y26flR/view).
-
;D Website issue.
Excellent work
-
;D Website issue.
-
Appeal filed. Current status states the price will increase to £195 on April Fools' Day. How appropriate! They cannot serve one until 14th April. ::)
-
I'll PM you with my details.
-
I am here for this.
Hello. Apologies for my absence. I've had some other matters to attend to and this got away from me a little bit.
Please tell me what you need me to do, or need from me.
I have the appeal form (and of course the web link). I understand that it will need to be in person so I also have the verification code and the PCN. The date of rejection is 14/03/2025
Please advise. I'm happy to share required details.
Thank you
-
I am here for this.
-
Please keep an eye on their website and payment status.
Hello. I hope all is well.
Been a while but today in the post I received a very kind rejection letter from Lambeth, of my appeal (which was based on the conflicting dates on their website and the PCN). They have given the following options:
A. 14 days to pay the discount charge of £65 counting from 14 March 2025
B. Pay the full £130 after 28 days
C. Appeal to E&TA (Environment and Traffic Adjudicators.
With assistance, I am happy to go for option C. They've given options to appeal via post or online (that's all). I believe it was mentioned on the forum that the appeal should be in person and that someone should able to assist me with this. If this is still the case I remain grateful. Please advise all that is needed from me.
Thank you.
-
It really is critical that you screenshot everything. Just won a case today on this issue. From the very beginning as their dates and threats are all over the place.
Great news about the case, and yes, I think I've screenshot everything. Viewed the PCN yesterday and took a another one.
Thank you
-
It really is critical that you screenshot everything. Just won a case today on this issue. From the very beginning as their dates and threats are all over the place.
-
Please keep an eye on their website and payment status.
Just an update to say I haven't received a response to the appeal sent on 7th Feb yet. Web site is still saying I have until 19th Feb to pay lower fee of £65 (14 days from the PCN to pay the lower fee ended on 6th Feb).
I'll keep a look out for appeal response. The say can take up to 18 days.
-
Please keep an eye on their website and payment status.
-
Fun innit? Do the last one as you rightly suggest. And screenshot all please for future use.
Submitted. Screen shotted each step (link below).
First image is what you get if you click 'The contravention did not occur'. Selecting one of these options is mandatory.
https://imgur.com/a/PzllZhb (https://imgur.com/a/PzllZhb)
Anything else you need just let me know. I'll keep you updated on Lambeths response.
Thanks again
-
Fun innit? Do the last one as you rightly suggest. And screenshot all please for future use.
-
Periods for payment under the LLA & TfL Act 2003 are from date of PCN. So the discount period starts on the PCN date, of 23rd January, and is 14 days, so how they make it expiring on Wednesday 19th Feb is beyond me; surely that date is the end of the 28 days when payment of the £130 must be made or representations submitted ?
14 days expires from the date of the PCN. So the next day is the increase.
Draft:
I make this formal representation in terms of a collateral challenge.
Ground: The penalty charge discount amount date as published on your website does not coincide with the 14 day period on the PCN Letter.
I refer you to the screenshot* which incorrectly states the date when you are legally allowed to increase the penalty to £130.
*
https://drive.google.com/file/d/10PxX6dMsVD2RS69wzYP_A-JDRnC-0mFn/view?usp=drive_link
Choose: contravention did not occur.
Hi again,
After choosing contravention did not occur., I have to choose one of the following mandatory options. wich one shall I choose please?:
At the time I am supposed to have been in contravention, I was loading and unloading
The restriction that I am supposed to have ignored was not signed
At the time I am supposed to have been in contravention, the restriction did not apply
At the time I am supposed to have been in contravention, I was elsewhere
I was instructed by a police officer to do this
I'm not so sure I should be choosing any of those options. If not, the only other viable way seems to be to choose I wish to make representations about this PCN for other reasons, rather than The contravention did not occur, in the previous step.
What do you think?
-
@Mentimate If this goes to the Tribunal, one of us* will represent you and you can attend by phone too. I have a live case to be heard shortly on the said issue.
*Me, if you wish. ;D (Should be I, nominative case, but who cares these days?) :D
How did the case go?
17th February by video. I must buy some makeup. ;D
-
@Mentimate If this goes to the Tribunal, one of us* will represent you and you can attend by phone too. I have a live case to be heard shortly on the said issue.
*Me, if you wish. ;D (Should be I, nominative case, but who cares these days?) :D
How did the case go?
-
@Mentimate If this goes to the Tribunal, one of us* will represent you and you can attend by phone too. I have a live case to be heard shortly on the said issue.
*Me, if you wish. ;D (Should be I, nominative case, but who cares these days?) :D
Really? Wow. Sounds too good to be true. I would be grateful. You guys are amazing if this is what you do.
I was going to take the hit but if you say you can personally go there and represent me I'll gladly accept and appeal. Think I'm going to owe you a drink.
-
@Mentimate If this goes to the Tribunal, one of us* will represent you and you can attend by phone too. I have a live case to be heard shortly on the said issue.
*Me, if you wish. ;D (Should be I, nominative case, but who cares these days?) :D
-
Our advice is never, ever, opt for a postal hearing on papers.
BUT, personal hearings may be face-to-face in person or by telephone, and LT are currently moving towards video hearings.
See the process here:
https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/moving-traffic-pcn-enforcement-process
and
https://www.londontribunals.gov.uk/eat/appeals-process-explained
-
Periods for payment under the LLA & TfL Act 2003 are from date of PCN. So the discount period starts on the PCN date, of 23rd January, and is 14 days, so how they make it expiring on Wednesday 19th Feb is beyond me; surely that date is the end of the 28 days when payment of the £130 must be made or representations submitted ?
14 days expires from the date of the PCN. So the next day is the increase.
Draft:
I make this formal representation in terms of a collateral challenge.
Ground: The penalty charge discount amount date as published on your website does not coincide with the 14 day period on the PCN Letter.
I refer you to the screenshot* which incorrectly states the date when you are legally allowed to increase the penalty to £130.
*
https://drive.google.com/file/d/10PxX6dMsVD2RS69wzYP_A-JDRnC-0mFn/view?usp=drive_link
Choose: contravention did not occur.
Thanks for this. 2 questions:
1. So this is likely to get rejected by Lambeth and then I take the appeal and rejection to London Tribunal online site?
2. Are phone appeals always possible? If I have to attend in person its very likely I will have turn down work that day (I'm a freelancer) which wouldn't be worth the saving. I also live out of London and that too is an expensive train ride. Going there in person results to a bigger financial loss for me.
-
Periods for payment under the LLA & TfL Act 2003 are from date of PCN. So the discount period starts on the PCN date, of 23rd January, and is 14 days, so how they make it expiring on Wednesday 19th Feb is beyond me; surely that date is the end of the 28 days when payment of the £130 must be made or representations submitted ?
14 days expires from the date of the PCN. So the next day is the increase.
Draft:
I make this formal representation in terms of a collateral challenge.
Ground: The penalty charge discount amount date as published on your website does not coincide with the 14 day period on the PCN Letter.
I refer you to the screenshot* which incorrectly states the date when you are legally allowed to increase the penalty to £130.
*
https://drive.google.com/file/d/10PxX6dMsVD2RS69wzYP_A-JDRnC-0mFn/view?usp=drive_link
Choose: contravention did not occur.
-
Our advice is never, ever, opt for a postal hearing on papers.
BUT, personal hearings may be face-to-face in person or by telephone, and LT are currently moving towards video hearings.
See the process here:
https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/moving-traffic-pcn-enforcement-process
and
https://www.londontribunals.gov.uk/eat/appeals-process-explained
+1
The Traffic Penalty Tribunal for cases outside London already offer video hearings.
-
Our advice is never, ever, opt for a postal hearing on papers.
BUT, personal hearings may be face-to-face in person or by telephone, and LT are currently moving towards video hearings.
See the process here:
https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/moving-traffic-pcn-enforcement-process
and
https://www.londontribunals.gov.uk/eat/appeals-process-explained
-
Okay. No rush re 14 days discount etc. I will draft later as just got back from Furnival Street. They have learnt nothing from this:
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/motorbike-52m-pcn-lambeth/msg41795/#msg41795
I was his representative.
Thanks for sharing. Very informative. I have to be honest to say that sometimes these processes go over my head. I'm not even sure what an LTO is.
Will the appeal mean I will have to attend the London Tribunal in person? I assume I could successfully appeal by writing but please let me know if this is not the case. Having to attend in person could be an issue for me due to my schedule and other things.
Thank you
-
Okay. No rush re 14 days discount etc. I will draft later as just got back from Furnival Street. They have learnt nothing from this:
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/motorbike-52m-pcn-lambeth/msg41795/#msg41795
I was his representative.
-
Periods for payment under the LLA & TfL Act 2003 are from date of PCN. So the discount period starts on the PCN date, of 23rd January, and is 14 days, so how they make it expiring on Wednesday 19th Feb is beyond me; surely that date is the end of the 28 days when payment of the £130 must be made or representations submitted ?
Maybe that's where they've mixed up. Do you know if there is any room to appeal this? Whether it be these dates or something else? I don't have much of an idea when it comes to this.
Thanks
-
Periods for payment under the LLA & TfL Act 2003 are from date of PCN. So the discount period starts on the PCN date, of 23rd January, and is 14 days, so how they make it expiring on Wednesday 19th Feb is beyond me; surely that date is the end of the 28 days when payment of the £130 must be made or representations submitted ?
-
Hi all,
Received a PCN in the post. Lambeth.
Similar situation I've seen others post on here. 14 days to pay reduced charge. Reduced charge period is different on the PCN than on website. (13 days later on the the website).
I've seen the same scenario posted but nothing indicating in the post if anybody actually won the appeal. Would be grateful if anyone knows a way out of this that works. Either with the appeal date or any other means. PCN says reduce charge is until the 6th (website is later). Probably need to know by the 6th if appeal is a long shot.
Thanks in advance. Image links below
Link to all 5 images (last image is the website image): https://imgur.com/a/52462Pr (https://imgur.com/a/52462Pr)
Individual image links below if link above doesn't work:
PCN (4 images):
https://drive.google.com/file/d/13v3tmFphLnOuDjD3i1CIdPXXHs6GiNHH/view?usp=drive_link (https://drive.google.com/file/d/13v3tmFphLnOuDjD3i1CIdPXXHs6GiNHH/view?usp=drive_link)
https://drive.google.com/file/d/14ep5nps73u97uaoLH7ffAMsje7exqeGt/view?usp=drive_link (https://drive.google.com/file/d/14ep5nps73u97uaoLH7ffAMsje7exqeGt/view?usp=drive_link)
https://drive.google.com/file/d/1SVwhHkrx7mf2XhGNEF5nxZerrntg7D1Q/view?usp=drive_link (https://drive.google.com/file/d/1SVwhHkrx7mf2XhGNEF5nxZerrntg7D1Q/view?usp=drive_link)
https://drive.google.com/file/d/1qFljKcli18z8GGBbcHd95wMEyjvTw-Jr/view?usp=drive_link (https://drive.google.com/file/d/1qFljKcli18z8GGBbcHd95wMEyjvTw-Jr/view?usp=drive_link)
Website (image):
https://drive.google.com/file/d/10PxX6dMsVD2RS69wzYP_A-JDRnC-0mFn/view?usp=drive_link (https://drive.google.com/file/d/10PxX6dMsVD2RS69wzYP_A-JDRnC-0mFn/view?usp=drive_link)