Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: imnotpaying on February 17, 2025, 03:22:59 pm
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Many thanks.
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Link fixed.
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My error and many apologies to @cp8759: Case reference 2250248315
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Outcome (https://drive.google.com/file/d/1GQP3zWEIlhDBItsQJ5_GlPDTuNbMdGcA/view).
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I knew my arguments would go down well! Almost an exact replica of Case No: 2240492648. Old certificate (also unsigned) and sta**ed W.S. Do they just not care or is it they do not read the decisions? They had 13 days notice.
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Case won today as they did not attend. Most of the rest of their evidence was "dubious" too. ;D
Hats off to you @Hippocrates!
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Case won today as they did not attend. Most of the rest of their evidence was "dubious" too. ;D
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E mail received.
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PM sent.
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Failure to consider. I say Tribunal time and will PM you my details.
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Advice anyone? :( :-[ :-\
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I require you to consider my original challenge as my formal representations. In addition, service and delivery are not necessarily the same.
Please cancel therefore.
*****
Do not add the case!
Hi @Hippocrates, LBBD has replied with a Notice of Rejection on my formal rep.
Please see attached.
Could you please guide me on how to word my appeal?
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I require you to consider my original challenge as my formal representations. In addition, service and delivery are not necessarily the same.
Please cancel therefore.
*****
Do not add the case!
Thanks Hippocrates, I've sent my formal representation word for word as above. Now, let's wait and see what they reply with.
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I require you to consider my original challenge as my formal representations. In addition, service and delivery are not necessarily the same.
Please cancel therefore.
*****
Do not add the case!
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Hi, can anybody help me out on this one please?
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Wait for the EN.
EN is here. What are my grounds for representation?
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Wait for the EN.
Hi Hippocrates,
I just received the EN today:
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Wait for the EN.
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Hi @Hippocrates
I just received the Notice of Rejection from LBBD.
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I have to say, I'm impressed with the speed the Parking fines department at LBBD is working. Maybe the department in charge of the potholes in LBBD should learn from their colleagues. ::)
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Here is the process:
https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/bus-lane-pcn-enforcement-process
The fifth set is the best part. ;)
From Schedule 1, para. 7(6):
Nothing in sub-paragraph (1) or (4) above makes a document admissible as evidence in proceedings under paragraph 6 above unless a copy of it has not less than 7 days before the hearing, been served on the appellant; and nothing in those paragraphs makes a document admissible as evidence of anything other than the matters shown on a record produced by a prescribed device if that person, not less than three days before the hearing or within such further time as the traffic adjudicator may in special circumstances allow, serves a notice on the council requiring attendance at the hearing or trial of the person who signed the document.
https://www.legislation.gov.uk/ukla/1996/9/schedule/1/enacted
Hence, my petition: https://petition.parliament.uk/petitions/701491
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How easy? I am not a seer. We just fight it and see. I like the username.
Please just send the draft and wait.
Thanks, I've sent my challenge using your draft. Lets wait and see.
Don't we all hate paying fines :p
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How easy? I am not a seer. We just fight it and see. I like the username.
Please just send the draft and wait.
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Ref: PCN VRM
I challenge as follows:
1. The video does not show any upright signs allegedly passed.
2. The locus as stated on the PCN is inexact.
In light of the above, please cancel.
******
BTW, their website is none too famous either. The last case won they sent the wrong certificate and did not bother to attend. I gave them more than ample notice. Please sign my petition which deals with this issue.
ETA Register of Appeals
Register kept under Regulation 20 of the Road Traffic (Parking Adjudicators) (London) Regulations 1993, as amended and Regulation 17 of the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022.
Case Details
Case reference 2240492648
Appellant Ambereen Mujtaba
Authority London Borough of Barking and Dagenham
VRM EK70VGP
PCN Details
PCN BZ80924907
Contravention date 23 Aug 2024
Contravention time 17:48:00
Contravention location Ripple Road
Penalty amount GBP 130.00
Contravention Being in a bus lane
Referral date -
Decision Date 10 Dec 2024
Adjudicator Sean Stanton-Dunne
Appeal decision Appeal allowed
Direction
cancel the Penalty Charge Notice and the Notice to Owner.
Reasons
Mr Phillip Morgan has attended the hearing today as the authorised representative of the appellant.
This PCN was issued for the alleged contravention of being in a bus lane.
Approval from the Secretary of State for the type of prescribed device used for this bus lane enforcement is a requirement under paragraph 7(2) of Schedule 1 to the London Local Authorities Act 1996 (the 1996 Act) in order for the camera evidence to be admissible in these appeal proceedings.
The Council submits a case summary with their evidence for the appeal. That evidence includes a Certificate relied upon by the Council as evidence of type approval of the prescribed device. The Certificate is an unsigned document on blank paper dated 29 March 2022. The document is headed in bold type and capital letters TRANSPORT ACT 2000 and underneath CERTIFICATION OF “APPROVED DEVICES” UNDER ARTICLE 2(b) OF THE BUS LANES (APPROVED DEVICES) (ENGLAND) ORDER 2005.
I considered the same type approval evidence in appeal no. 2220486482 [Mr Davy Georges Duthieuw v London Borough of Ealing]. My decision in that appeal was that the Certificate was not a valid approval of the device for the purposes of the 1996 Act. I refer to the relevant parts of that decision at paragraphs 42-61.
On the evidence before me, there is no valid approval of the device for the purposes of the 1996 Act. It follows that there is no admissible evidence of the appellant's vehicle being in a bus lane and the appeal is allowed.
Thank you for this.
So, basically, Im challenging the PCN based on the fact that there is no visible sign being contravened and on the fact that they do not specify the exact location along High Road Chadwell Heath?
How easy of a win is this?
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Ref: PCN VRM
I challenge as follows:
1. The video does not show any upright signs allegedly passed.
2. The locus as stated on the PCN is inexact.
In light of the above, please cancel.
******
BTW, their website is none too famous either. The last case won they sent the wrong certificate and did not bother to attend. I gave them more than ample notice. Please sign my petition which deals with this issue.
ETA Register of Appeals
Register kept under Regulation 20 of the Road Traffic (Parking Adjudicators) (London) Regulations 1993, as amended and Regulation 17 of the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022.
Case Details
Case reference 2240492648
Appellant Ambereen Mujtaba
Authority London Borough of Barking and Dagenham
VRM EK70VGP
PCN Details
PCN BZ80924907
Contravention date 23 Aug 2024
Contravention time 17:48:00
Contravention location Ripple Road
Penalty amount GBP 130.00
Contravention Being in a bus lane
Referral date -
Decision Date 10 Dec 2024
Adjudicator Sean Stanton-Dunne
Appeal decision Appeal allowed
Direction
cancel the Penalty Charge Notice and the Notice to Owner.
Reasons
Mr Phillip Morgan has attended the hearing today as the authorised representative of the appellant.
This PCN was issued for the alleged contravention of being in a bus lane.
Approval from the Secretary of State for the type of prescribed device used for this bus lane enforcement is a requirement under paragraph 7(2) of Schedule 1 to the London Local Authorities Act 1996 (the 1996 Act) in order for the camera evidence to be admissible in these appeal proceedings.
The Council submits a case summary with their evidence for the appeal. That evidence includes a Certificate relied upon by the Council as evidence of type approval of the prescribed device. The Certificate is an unsigned document on blank paper dated 29 March 2022. The document is headed in bold type and capital letters TRANSPORT ACT 2000 and underneath CERTIFICATION OF “APPROVED DEVICES” UNDER ARTICLE 2(b) OF THE BUS LANES (APPROVED DEVICES) (ENGLAND) ORDER 2005.
I considered the same type approval evidence in appeal no. 2220486482 [Mr Davy Georges Duthieuw v London Borough of Ealing]. My decision in that appeal was that the Certificate was not a valid approval of the device for the purposes of the 1996 Act. I refer to the relevant parts of that decision at paragraphs 42-61.
On the evidence before me, there is no valid approval of the device for the purposes of the 1996 Act. It follows that there is no admissible evidence of the appellant's vehicle being in a bus lane and the appeal is allowed.
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I have not lost a bus lane case in the last 4 years but I do need your PCN and VRM details so I can access the video.
Thanks.
VRN: GN13LNR
PCN: BZ8146410A
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n/a
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I have not lost a bus lane case in the last 4 years but I do need your PCN and VRM details so I can access the video.
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Please find the PCN Below:
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Please read the READ THIS FIRST - **BEFORE POSTING YOUR CASE!** (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/) sticky post at the top of this forum.
For the best chance of meaningful advice it is only necessary to redact your name & address where present. Please leave everything else visible, in particular the PCN reference number and the vehicle's registration number.
Please correct and repost your postal PCN.
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Hi
I received this PCN via post last week. I am not aware of this occurrence. According to the video evidence, it shows my car moving from the the main lane into the Bus Lane just a few metres before the 'End of Bus Lane' sign. However, the Video Evidence does not show the Bus Lane Enforcement Signs nor does the PCN specify where exactly did this alleged contravention occurred. High Road Chadwell Heath is a long main road, stretching across atleast 4 bus stops.
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Can somebody please review this PCN and confirm whether it is valid and if it can be challenged?
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