Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Norman83 on September 08, 2023, 06:59:58 pm

Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: H C Andersen on January 08, 2024, 06:07:43 pm

Good and inevitable result. But strange reasoning.

I cannot find any evidence from the authority (their NOR) or any reference in the adjudicator's decision to the authority cancelling the first PCN. This might be implicit(as in if an authority send the same person a fresh notice that person should assume that one or more prior notices must have been cancelled!) but it's equally possible that they didn't formally cancel the first PCN in which case a win on 'collateral' grounds seems odd when the statutory grounds of 'penalty [as in the second penalty] exceeded.... circumstances of the case' surely must succeed. 

Adjudication never ceases to amaze.
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: Norman83 on January 08, 2024, 01:01:16 pm
This is great news - a massive thank you to @cp8759 for your help with this.

Having someone on my side who 'knows the rules' and was able to see the end result, was invaluable.

Another win to add to what I'm sure is a long list of victories for the driver. And a load off my mind.

Thanks again!  :)
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: Incandescent on January 08, 2024, 12:02:46 pm
I recommend Private Eye magazine who have a section called "Rotten Boroughs"
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: Hippocrates on January 08, 2024, 10:58:05 am
"well meaning" ? I don't think so !
Saw on the news they are yet another council rather short of cash.
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: Incandescent on January 08, 2024, 09:39:53 am
"well meaning" ? I don't think so !
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: cp8759 on January 08, 2024, 12:57:19 am
Outcome (https://drive.google.com/uc?id=1V8VYLU8-oZtvDt0a0D38hUJKMrrWQYJP).
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: cp8759 on November 04, 2023, 11:30:17 am
Hi @cp8759 , thanks for your offer.

How confident are you that we will win the appeal?
At least 90%.

This won't take you any time at all, you'll just have to send me a couple of documents and I'll do everything else. I'll drop you a PM (https://www.ftla.uk/index.php?action=pm) with details of the next steps, should you wish to proceed.
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: Norman83 on November 03, 2023, 06:48:56 pm
Hi @cp8759 , thanks for your offer.

How confident are you that we will win the appeal?

I'm very busy at the moment, quite a lot of stress in my work, and while I'd absolutely like us to win this, I would not want to be in a position of losing and having to pay more than the 'reduced' £65.

Also I have to ask myself if the time it would take to get this appeal done, would 'cost' me more than £65 in time and stress.

Let me know your thoughts, thanks
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: cp8759 on November 01, 2023, 10:56:42 pm
The PCN is out of time, there is no allowance in the law for any sort of pre-debt check.

I am happy to represent you at the tribunal if you want to appeal this.
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: Incandescent on November 01, 2023, 11:59:20 am
That's an interesting one; I dont think I've ever seen this before.  They are saying that before they registered the debt and sent out an Order for Recovery, they checked the address again , and if a new one comes up, presumably with the same keeper, they then send out a fresh PCN. They don't say, but presumably cancel the Charge Certificate. I'm not sure they are following due legal process, so hopefully CP8759, or Neil B know more.

To re-check the keeper address they will have made a second enquiry of the DVLA for the reg. number of the vehicle.
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: Norman83 on November 01, 2023, 11:18:11 am
Hi all, OK I have now had a response from Hackney council, and it's not the outcome I was hoping for.

They have not cancelled the PCN, claiming that the PCN was not 'out of time' as I had stated. They say they conducted a pre-debt check after the Charge Certificate was sent to me, which is when they were provided with my new address.

Please see here for their response.
https://imgur.com/a/uFs8fHi

@cp8759 @Neil B please let me know your thoughts.
thanks
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: Norman83 on October 11, 2023, 02:03:51 pm
OK I've submitted my challenge - fingers crossed for an easy win, as you say Neil B.

Here is the screen I was given after submitting, if that's of any use.
https://imgur.com/a/UO5rEaI

Thanks again CP8759 for the draft, and everyone else for your advice, I'll come back when they have responded.
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: Norman83 on October 11, 2023, 01:48:46 pm

Neil B - thanks for your draft letter of representation.

In terms of making this representation- do I respond as the a) driver, b) keeper, or c) driver and keeper? (if it makes any difference)

I didn't write the draft cp8759 did but I agree with it.

The owner, taken to be the registered keeper, is liable and your question just confuses matters.

Apologies CP8759, misread the responses.

I only asked the question as the representations form makes me choose one of those options.
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: Neil B on October 10, 2023, 04:44:21 pm

Neil B - thanks for your draft letter of representation.

In terms of making this representation- do I respond as the a) driver, b) keeper, or c) driver and keeper? (if it makes any difference)

I didn't write the draft cp8759 did but I agree with it.

The owner, taken to be the registered keeper, is liable and your question just confuses matters.
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: Norman83 on October 10, 2023, 12:37:39 pm

Thank you all for your responses- I've been away for 10 days on a very busy job, so catching up on things now.

Here is the amended PCN with address removed.
https://imgur.com/a/7DGe16z

Neil B - thanks for your draft letter of representation.

In terms of making this representation- do I respond as the a) driver, b) keeper, or c) driver and keeper? (if it makes any difference)

Also please take a look at this screen grab. Is there anything else you'd add?
I've categorised my representation as 'other' on all options- I think that's correct.
Do I need to add any supporting evidence, refer to the date of the new (unlawful) PCN or is short and sweet the key thing here?

https://imgur.com/a/p5azw0W

thanks
Chris
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: cp8759 on September 30, 2023, 12:19:57 am
This is going to be easy-peasy: the PCN is unlawful but remains valid unless and until it is either cancelled by the council or struck down by the tribunal. Therefore, make representations against it:

Dear London Borough of Hackney,

I challenge liability for PCN QZ14186291 because the penalty charge notice is quite blatantly out of time. I remind the authority that if it wishes to avail itself of any exemption to the primary limitation period, the burden of proving an exemption rests on the authority.

Yours faithfully,


The council has basically shot itself in the foot by unlawfully reissuing the PCN, so we might as well take the easy win.
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: Neil B on September 28, 2023, 09:05:55 am
Is this document is unlawful, or should I not believe it? Please explain.
There is a 28 day limit on service of a pcn, beginning with the date of contravention.
The alternative is if an earlier pcn has been cancelled by the court and you've told us you haven't even reached the stage of applying to the court.

It is further unlawful because there is already an extant pcn which, as far as we know, hasn't been cancelled (by anyone).
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: John U.K. on September 28, 2023, 08:35:26 am
You may wish to redact your name and address on the front page.
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: Norman83 on September 28, 2023, 08:01:49 am
OK so this would explain it... I received a letter today to my current address, with the same PCN as before.
Show us this document. It is almost certainly an unlawful document but unfortunately for whatever reason you seem to be believing everything the council tell you, hook line & sinker.

Also please stop typing in all caps, you can use indent tags or italics or whatever else.


Hi - here is the link to the new PCN.
https://imgur.com/a/2AIZ81Q

Is this document is unlawful, or should I not believe it? Please explain.

The Caps was because I copied in from the PE3 form where I wrote it - form said I had to write in caps (would never normally write in caps)

thanks
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: cp8759 on September 27, 2023, 12:03:38 am
OK so this would explain it... I received a letter today to my current address, with the same PCN as before.
Show us this document. It is almost certainly an unlawful document but unfortunately for whatever reason you seem to be believing everything the council tell you, hook line & sinker.

Also please stop typing in all caps, you can use indent tags or italics or whatever else.
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: Norman83 on September 26, 2023, 06:10:22 pm
OK so this would explain it... I received a letter today to my current address, with the same PCN as before.
It has given me 14 days since date of letter (22 sept) to pay at the reduced £65 rate.

So it looks like there is some kind of address-checking system at play, and having found an updated address, they have reset the clock and sent it to my current address.

Unexpected but there we go.  :D

Does anyone think I have A good chance at disputing the PCN?

For the reasons below... My principles say I should dispute, but I would appreciate anyone's opinion on likelihood of a 'win' before I put any more time into it.

Many thanks
------------------------------
(apologies for the caps)

ON THE DATE OF THE CONTRAVENTION, I DROVE FROM MY HOME IN BRISTOL TO A JOB IN LONDON.
ON ARRIVAL AFTER A 2.5 HOUR JOURNEY I SAW THAT THERE WAS A SOME KIND OF ‘NO ENTRY TO TRAFFIC’ SIGN TO BOUVERIE ROAD, WHERE MY JOB WAS LOCATED.

IN ORDER TO AVOID THIS I DROVE DOWN STOKE NEWINGTON CHURCH STREET TRYING TO FIND A ROUTE TO ENTER BOUVERIE ROAD FROM THE OTHER END (GRAYLING ROAD). WHILST TRYING TO FIND THIS ROUTE I UNWITTINGLY DROVE THROUGH THIS OTHER SIGN AND WAS CAUGHT ON THE CAMERA. THIS REINFORCES MY BELIEF THAT IN LONDON, AS A DRIVER YOU HAVE A TARGET ON YOUR BACL AND WILL INEVITABLY BE CAUGHT FOR SOMETHING.

IN SUMMARY, WHILST TRYING TO COMPLY WITH STRICTLY ENFORCED YET UNCLEAR RULES IN AN UNFAMILIAR NEIGHBOURHOOD, I GOT CAUGHT ANYWAY.
I FEEL LIKE THIS IS AN UNJUSTIFIED PUNISHMENT, AND FOR THIS REASON I WOULD LIKE THE CHARGE TO BE CANCELLED.
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: NightSoul on September 25, 2023, 03:52:03 pm
Do not pay anyone offering to do your PE forms.
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: Norman83 on September 25, 2023, 01:03:22 pm
Hi all, I'm still waiting for the charge to increase to £204, and I just went to the Hackney page to check in on the status of the charge.
Unexpectedly, I found this on the charge page... the charge is now listed as £65, and it says the payment will go up to £130 on 9th October.

https://imgur.com/a/46Uj1KZ

This is weird! Some glitch in the system?? I refreshed / re-entered the details again to be sure, and it's still showing as £65.

Wondering what do do. Is this an opportunity to just go ahead and pay the charge at £65?
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: cp8759 on September 17, 2023, 06:50:52 pm
Hi quick update - I'm filling out the PE3 form, and this is what I've put in the appeal box.

I'm aware that this form is more for the fact that I didn't get the PCN in time to make an appeal, but I thought it was worth adding my appeal info for the original contravention.
No! Do not do that!

If you add anything into the reasons box, TEC will simply reject the form as being improperly completed. Also TEC do not give a damn about the merits of the PCN, they don't care as it's nothing to do with them whether the PCN is upheld or not.

The debt is still showing as £195 on the council website, so you can't send form PE3 to TEC as it will simply get rejected, and then you'll end up having to do it again.

Please follow the advice given and simply tick the box to say you didn't get the original PCN.

Unless / until the amount due goes up to £204, you don't need to do anything. If you want to double-check whether the debt is registered with TEC, you can ring them to find out, their contact details are here: https://www.find-court-tribunal.service.gov.uk/courts/traffic-enforcement-centre-tec

You'll need to make an appointment with your local county court to get the form sworn, do not sign it at home (if you do, you'll just be told to fill it in again).
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: Incandescent on September 15, 2023, 01:40:18 pm
You do not need to put anything into the 'Reasons' box if the submission is "in time". The SD is to get the process reset back to the PCN stage, and anything about the reason for the contravention is irrelevant. You are not appealing about the contravention at this point.

YOu can get more info on submitting an in-time PE3 on this site
www.bailiffadviceonline.co.uk
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: Norman83 on September 15, 2023, 01:15:41 pm
Hi quick update - I'm filling out the PE3 form, and this is what I've put in the appeal box.

I'm aware that this form is more for the fact that I didn't get the PCN in time to make an appeal, but I thought it was worth adding my appeal info for the original contravention.
I'm aware they may not give a damn about my reasons, but could you give your thoughts on this please?
Anything that might help me with some kind of reasonable / compassionate response to this unclear yet strictly enforced traffic system.
thanks (sorry for the Caps - the form says I had to write in caps)

I DID NOT RECEIVE THE PCN UNTIL AFTER THE 28 DAY APPEAL WINDOW HAD PASSED. IT WAS SENT TO
MY OLD ADDRESS. I ONLY FOUND OUT ABOUT IT AFTER THE OWNER GOT IN TOUCH TO SAY I HAD A
FEW LETTERS.
I HAVE SINCE FOUND OUT THAT EVEN THOUGH I UPDATED MY DRIVING LICENCE TO MY NEW ADDRESS,
THE V5C HAD NOT BEEN UPDATED, AND THIS IS WHY IT WAS SENT TO MY OLD ADDRESS. I’VE HEARD
THIS IS COMMON AND CATCHES A LOT OF PEOPLE OUT.
ON DISCOVERING THIS IMMEDIATELY WENT AND UPDATED MY V5C DETAILS TO MY CURRENT ADDRESS.

ON THE DATE OF THE CONTRAVENTION, I DROVE FROM MY HOME IN BRISTOL TO A JOB IN LONDON.
ON ARRIVAL I SAW THAT THERE WAS A SOME KIND OF ‘NO ENTRY TO TRAFFIC’ SIGN TO
BOUVERIE ROAD, WHERE MY JOB WAS LOCATED.
SO TO AVOID THIS I DROVE DOWN STOKE NEWINGTON CHURCH STREET TRYING TO FIND A ROUTE TO ENTER BOUVERIE ROAD FROM THE OTHER END (GRAYLING ROAD). WHILST TRYING TO FIND THIS ROUTE I UNWITTINGLY DROVE THROUGH THIS OTHER SIGN AND WAS CAUGHT ON THE CAMERA. THIS MAKES ME FEEL THAT IN LONDON, AS A DRIVER ‘YOU JUST CAN’T WIN’ AND WILL INEVITABLY BE CAUGHT FOR SOMETHING.
SO ESSENTIALLY WHILST TRYING TO COMPLY WITH STRICTLY ENFORCED YET UNCLEAR RULES IN AN UNFAMILIAR NEIGHBOURHOOD, I GOT CAUGHT ANYWAY.
CAN YOU EXPLAIN HOW THIS IS JUSTIFIED PLEASE?

DESPITE FEELING LIKE I HAVE BEEN UNFAIRLY PUNISHED,  I AM HAPPY TO PAY THE £65 FEE ORIGINALLY REQUESTED AND JUST GET IT OVER WITH.
PLEASE CAN YOU HELP ME TO GET TO THIS STAGE.
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: cp8759 on September 11, 2023, 11:58:42 am
The OfR is sent once the council has registered the debt with TEC. So once the debt is registered with TEC you can fill in form PE3 (not TE3), you don't need to wait for the physical OfR to turn up. Once the debt has gone up to £204 the debt will be registered with TEC, the council cannot increase the penalty without doing the TEC registration first.
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: Norman83 on September 11, 2023, 10:24:37 am
Thank you both for your responses - very useful information. I had already sort of lost hope given that I had missed the appeal deadline, so knowing more about the process is very helpful.

I will film the opening of any letters yet to arrive in case the OfR doesn't contain the PCN (guess the fact that I've now updated my V5C to the new address won't make any difference- they will keep using the original address?)

I'll go ahead and start filling in the TE3 form.

Re. dates I may receive the OfR - having looked again at the Hackney PCN detail (see here https://imgur.com/a/09laSG7)
it looks like this may be on or after 18th September? Or is this unrelated to TEC's side of things?

thanks again.
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: Incandescent on September 11, 2023, 12:53:33 am
Why can't TEC just fix on one form for everything, and the applicant just crosses out the inapplicable bits I fail to see !
Can you imagine the volume of problems we'd have with people crossing out the wrong bits? We'd have to have a whole sub-forum just for that. The real solution would be for parliament to allow a WS for everything, but it's hardly a high priority on the legislative agenda.
I suppose so, but everything I see seems designed to obfuscate and confuse the public.
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: cp8759 on September 11, 2023, 12:22:45 am
Why can't TEC just fix on one form for everything, and the applicant just crosses out the inapplicable bits I fail to see !
Can you imagine the volume of problems we'd have with people crossing out the wrong bits? We'd have to have a whole sub-forum just for that. The real solution would be for parliament to allow a WS for everything, but it's hardly a high priority on the legislative agenda.
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: Incandescent on September 10, 2023, 07:22:24 pm
Why can't TEC just fix on one form for everything, and the applicant just crosses out the inapplicable bits I fail to see !

Sorry about my error !!
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: cp8759 on September 10, 2023, 02:40:38 pm
- How possible is it to appeal given I don't live in London, and unfamiliar with this unclear and draconian driving penalties?
For one thing you don't have to worry about that. Representations to the council are all done online, and any tribunal hearing can be attended by telephone. If we feel you have a viable case, one of us will normally offer to represent you at the tribunal hearing (either by phone or those of us who live in London might just go to the hearing centre).

Here's the video:

https://www.youtube.com/watch?v=Ge1WmSHEGB4

You'll see the money from the penalties being put to good use with some nice woke rainbows on the road surface.

The traffic order is The Hackney (Prescribed Routes and 20 Mph Speed Limit) (Consolidation No.1) Order 2019 (https://drive.google.com/uc?id=1qxta3k5JXRrKGHir4-HKQpTpq2tlzVio) as amended by The Hackney (Prescribed Routes and 20 MPH Speed Limit) (Amendment No.61) Order 2023 (https://drive.google.com/uc?id=1_f0P_8HK8uGNczmOUnNlRTGglDQcfHpv).

@Incandescent has explained the procedure you need to follow however he's referenced the wrong form, for a London moving traffic contravention you need to use form PE3: https://www.gov.uk/government/publications/form-pe3-challenge-an-unpaid-penalty-charge-notice

Once the amount due on https://parkingdisputes.hackney.gov.uk/pcnonline/ goes up to £204 you know the debt has been registered with TEC, so at that point you can file a statutory declaration. While you can print the form yourself without waiting to receive one in the post, you can't just sign it: you will need to sign it in front of a court officer or a magistrates at your local county court or magistrates' court, this is free but you will have to make an appointment beforehand. Or any high-street solicitor can witness the declaration for around £10.

Once you've made the declaration and it's been counter-signed by whoever witnessed you make the declaration, scan it and email it to tec@justice.gov.uk with the PCN number in the subject line.

Come back here once you've done all that and we'll confirm what the next steps are.

IMPORTANT: Please film the opening of the next two envelopes you get from the council, this is because the Order for Recovery is required to contain a copy of the original PCN. If we can prove that a copy of the original PCN was not in the same envelope as the Order for Recovery, that immediately provides a ground of appeal.

If you have any questions, please ask.
Title: Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: Incandescent on September 09, 2023, 12:21:37 am
As the amount outstanding is £195, it means the Charge Certificate stage has been reached because no response has been received by the council (payment or challenge), within the 28 days allowed on the PCN.
You cannot challenge this, only pay it, but DONT PAY IT !! - see below.....

After the period for payment of the CC has expired, the council must register the debt at the Traffic Enforcement Centre (TEC). They then must send out an Order for Recovery.  This adds £9 to the £195. However, at this stage, you can submit a Witness Statement (TEC form TE9), stating that you didn't receive the PCN. TEC will then cancel the CC and the matter reverts back to the PCN.

When filling in the form, the "Applicant" is the council, not you. You are the "Respondent".

You only have a limited time to submit the TE9, after the Order for Recovery is issued. This will be sent to same address as used for the PCN and the CC. However, you can contact TEC, quoting the PCN Number to find out if the debt has been registered. You don't have to have the OfR in your hand before submitting the TE9.

Once the matter is reverted to the PCN you can pay or challenge it.
Title: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
Post by: Norman83 on September 08, 2023, 06:59:58 pm
Hi - I just found out that I had received a PCN from Hackney Council for '52m Failing to comply with a prohibition on certain types of vehicle (motor vehicles)'

I'm from Bristol, was driving to a job in Stoke Newington and was actually looking for a way to get into Bouverie road, which has a no-entry camera (probably a LTN thing). It's super annoying to get this when I was already trying to find a way into the road which wouldn't involved getting caught by a camera.

See here for the PCN images
https://imgur.com/a/sITbKIF

To view images, go here:
https://hackney.gov.uk/menu/#parking-and-transport
PCN no. QZ14186291
Reg. CP12 ZGV

The video does not play for some reason.

The PCN was issued to my previous address - only found out about this as a friend now lives at that address.

It's likely a case of having updated my driving license, but not updated the V5C.
I have now updated V5C as of today.

Please can I have some advice on appealing the PCN?

- How possible is it to appeal given I don't live in London, and unfamiliar with this unclear and draconian driving penalties?

- OR is it possible to appeal to pay the £65 reduced fee, given that the PCN was not received until it was past the 14 day window.

The sum is currently set to £195 which is a punishment that far outweighs any wrongdoing.

many thanks