Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Korting on September 19, 2023, 12:18:12 pm
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Congratulations. Your submissions would be helpful re the PCN wording. Thank Heavens EH is back in action. :)
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That's a very good outcome (https://drive.google.com/uc?id=12zzjSii-Ght9rrcHucC1FLVbu_sq5G4Q), well done!
You were lucky to get Mr Houghton as many adjudicators would have gone the other way, but obviously once the discount was lost it was a no-brainer to give it a go.
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I won my appeal.
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I have submitted my appeal as in one of the posts.
I'm away for a few days so will update you when I can.
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Korting, you have until 2nd October to submit the appeal. If you haven't done so already, I suggest you contact cp or me to do it asap and if you are unable to do so.
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Sorry I've only just seen this, did you submit your appeal?
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How about this as an appeal to the adjudicator:
I am appealing against this PCN on the basis that signage was missing in one street and obscured in another.
The signage in Carlton Avenue East was missing for several weeks before being replaced by Brent Council. The signage in College Road can and most likely was obscured by a parked van.
There is only one sign on the left of College Road to inform people of the restriction. The camera which recorded the contravention is mounted high up and does not give a view from the drivers perspective.
As such a large vehicle parked near the sign obscures it from the driver.
It is my opinion that there should be two signs both in Carlton Avenue and College Road to convey the restriction.
I further challenge the PCN on the basis that the fact that both the 14 day period and the 28 day period start from the date of the notice and not from the date of service, in fact only allows me 12 days and 26 days respectively to make representations and/or pay the PCN.
I therefore consider the PCN to be invalid and ask that it should be cancelled.
I need to have this in before the end of tonight as I'm going on holiday tomorrow early morning.
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What I cannot understand is why one has no access to the informal representations made.
It's a moving traffic case so there are only formal representations, there is no informal stage. As they're your representations, one could say that it's up to you to retain a copy for your own records, that being said most authorities will provide a copy if you ask (but doing so does not pause any timelines).
One thing: If I still had the option of the discount, would you recommend paying it at the discounted rate?
Yes, I can't say that there is anything I can see that would warrant risking the full amount and I infer that the access provision is not relevant or else you would have said so by now.
That being said, the penalty can't go up if you appeal so I suppose you might as well put your case to the adjudicator. I'm just not sure what you'd base your appeal on at present, but there's nothing to stop you simply putting the authority to proof.
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From memory, I challenged them on date ie you have 14 days from the date of the notice, when I believe it should have been 14 days from the date of service.
I also told them about missing signage in Carlton Avenue East.
Cant remember anything else
What I cannot understand is why one has no access to the informal representations made.
One thing: If I still had the option of the discount, would you recommend paying it at the discounted rate?
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Video:
https://www.youtube.com/watch?v=qhOCW4rQ0PY
They reoffered the discount but you've missed it again, so at this point you might as well appeal.
As a starting point, please recreate your representation from memory as best you can.
The TMO is The Brent (Prescribed Routes) (Pedestrian & Cycle Zone) (No. 5) Traffic Order 2022 (https://drive.google.com/uc?id=1AK4NuapC4T25RPoQ24Zd-u-aXIVA9b-3) and it has a general exemption for access, so if you were visiting anyone on that road who has off-street parking it's a straightforward case.
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BT19641619
RV64PTO
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We need the PCN number and the number plate.
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And the notice of rejection from Brent.
I have redacted all personal information but can supply if required.
[attachment deleted by admin]
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I drove down college road during operational hours.
I didn't submit representations within the 14 days, so now its £130
What the camera doesn't show is that there was a large van parked behind the white van which obscured the sign. Also the sign on the road leading into this street was missing.
I don't have my original appeal and I cant get it from the Brent website.
[attachment deleted by admin]