Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: D D on September 21, 2023, 11:15:32 pm

Title: Re: Lewisham Council 53J Leahurst Road
Post by: D D on October 28, 2023, 12:01:22 pm
Some good news from the tribunals early hours of this morning.

Another win!
Thanks for the support from the members of the forum keeping the devils money claw away!

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Title: Re: Lewisham Council 53J Leahurst Road
Post by: cp8759 on October 21, 2023, 05:15:17 pm
I'll drop you a PM (https://www.ftla.uk/index.php?action=pm).
Title: Re: Lewisham Council 53J Leahurst Road
Post by: D D on October 20, 2023, 07:18:28 pm
That sounds great thanks here’s the rest of the rejection letter  :)

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Title: Re: Lewisham Council 53J Leahurst Road
Post by: cp8759 on October 20, 2023, 06:29:42 pm
Post the rest of the rejection, but the obvious next step is to appeal to the tribunal. Would you like me to represent you?
Title: Re: Lewisham Council 53J Leahurst Road
Post by: John U.K. on October 19, 2023, 07:30:40 am
Please post rest of rejection and copy of your representation.
Title: Re: Lewisham Council 53J Leahurst Road
Post by: D D on October 18, 2023, 09:51:05 pm
New mail arrived today which is a notice of rejection of representation.

The lease company previously said there isn’t confirmation of exchange their end which was covered in previous comment.

What would be the best response to this letter moving forward?

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Title: Re: Lewisham Council 53J Leahurst Road
Post by: cp8759 on October 11, 2023, 10:35:12 pm
Yes, it could well do. Have you sent the representation to the council? Have you got proof of postage?
Title: Re: Lewisham Council 53J Leahurst Road
Post by: D D on October 10, 2023, 07:44:45 pm
Had a new response from the lease company today confirming the attached. Could this be a lead to victory..?

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Title: Re: Lewisham Council 53J Leahurst Road
Post by: cp8759 on October 07, 2023, 05:37:11 pm
Quote from: D D on October 07, 2023, 02:05:55 pm
I just received correspondence regarding the confirmation of the transfer which is attached.

What’s your recommendation now?
This is just the millionth example of hire companies not knowing what they're talking about. Go back to them:

Dear Hire Company,

I appreciate what you are saying, but one of the legal steps the council must take to transfer liability is to send a notice of acceptance to the registered keeper. From your response, it appears you might have made an assumption, would you instead please properly check your records and positively confirm whether any further correspondence about this PCN has been received?

Yours faithfully,


Quote from: D D on October 07, 2023, 02:17:54 pm
;D Their system isn’t working now, just tried two attempts to submit a rep and get an error page which is attached.
Send them a letter in the post, keep proof of postage.
Title: Re: Lewisham Council 53J Leahurst Road
Post by: D D on October 07, 2023, 02:17:54 pm
 ;D Their system isn’t working now, just tried two attempts to submit a rep and get an error page which is attached.

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Title: Re: Lewisham Council 53J Leahurst Road
Post by: D D on October 07, 2023, 02:05:55 pm
I just received correspondence regarding the confirmation of the transfer which is attached.

What’s your recommendation now?

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Title: Re: Lewisham Council 53J Leahurst Road
Post by: cp8759 on October 05, 2023, 07:32:43 pm
It doesn't matter what box you tick, and I suspect they use the reason you select to pre-populate a templated rejection letter. I'm tempted to say you should go with something entirely irrelevant so that they mess up the rejection but the truth is it doesn't matter, you can pick one at random. Whatever you tick, by law they're required to read the representation and consider it.
Title: Re: Lewisham Council 53J Leahurst Road
Post by: D D on October 04, 2023, 09:17:37 am
Email sent to lease co regarding confirmation from pcn issuer.

Is it best to select ’I was not the owner of the vehicle at the time the contravention occurred’

For the recommended representation?

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Title: Re: Lewisham Council 53J Leahurst Road
Post by: cp8759 on September 30, 2023, 11:37:28 pm
Draft representation:

Dear London Borough of Lewisham,

We challenge liability for PCN ZY0648764A on the ground that we do not own and have never owned the vehicle concerned.

Yours faithfully,

In the meantime, contact the leasing company and get them to confirm whether they've heard back from the council since they requested the transfer of liability. If they've not heard back, you need them to confirm this in writing.
Title: Re: Lewisham Council 53J Leahurst Road
Post by: D D on September 29, 2023, 06:23:39 pm
Well today was the last day of the 14 days and this new PCN came through the mail today addressed correctly with our details.
So it looks like they transferred it correctly.

Time to pay the £65 I’m guessing as there is no flaws that I can see.

Your response is appreciated

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Title: Re: Lewisham Council 53J Leahurst Road
Post by: D D on September 28, 2023, 12:41:02 pm
It’s not really but they have given a representational letter so to me it looks like they’ve covered their ass…

So continue to peruse them changing the title to my employer? Thing is I have a feeling they’ll get suspicious about this and think I’m trying to swerve the fine and palm it off to my employer…

Please advise and thanks again for the response
Title: Re: Lewisham Council 53J Leahurst Road
Post by: Incandescent on September 28, 2023, 12:20:15 pm
Quote from: D D on September 28, 2023, 12:05:09 pm
Not heard from anyone with additional advice so I’m guessing it’s becoming that time to pay the devils ransom…
But you have no PCN in your name. What you are doing is paying on behalf of the lease company. If that's OK with you, proceed.
Title: Re: Lewisham Council 53J Leahurst Road
Post by: D D on September 28, 2023, 12:05:09 pm
Not heard from anyone with additional advice so I’m guessing it’s becoming that time to pay the devils ransom…
Title: Re: Lewisham Council 53J Leahurst Road
Post by: D D on September 26, 2023, 10:22:44 pm
Also after reading the attachment, ‘To enable you to speak to the
authority directly we have attached a Third Party Authorisation letter. You will need to send this with your appeal.’

I’m feeling they might be reluctant to do a transfer as they have already set out info to make an appeal, so if I ask for them to change it they’ll be like just follow the instructions provided’
We all know how helpful these phone gurus are - dim.
Title: Re: Lewisham Council 53J Leahurst Road
Post by: D D on September 26, 2023, 10:16:48 pm
As far as I understand and from them sending me a representation approval letter it must be the lease company…
As we can see the PCN is in their name.

I don’t want to cause rife with my lease provider as they’re decent and it isn’t an issue for me to ask them to transfer the pcn to my employer.

Is it really all worth it when we’re not seeing any positive to contest, or am I missing a point here and it’s in the transfer itself? If they fail to get this correct I could send a chance?
Title: Re: Lewisham Council 53J Leahurst Road
Post by: Incandescent on September 26, 2023, 10:46:11 am
Liability is only legally transferred wjen the first PCN (to the lease company), is cancelled and a fresh one issued and served to the lessee of the car. Is this you or your company ?
Title: Re: Lewisham Council 53J Leahurst Road
Post by: D D on September 26, 2023, 09:48:58 am
Just as I was to reply to the lease company I found an authority cover letter attached.

Shall I continue to request the PCN to be addressed to the company as discussed previously?
To me it seems like they have this covered and I’m have no grounds to appeal…

Regards

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Title: Re: Lewisham Council 53J Leahurst Road
Post by: cp8759 on September 23, 2023, 03:41:19 pm
Quote from: D D on September 23, 2023, 10:04:00 am
Do I request them to put myself named as the title followed by the company details or the title as the company?
It should be whoever signed the lease agreement, which is presumably the company rather than you personally.
Title: Re: Lewisham Council 53J Leahurst Road
Post by: D D on September 23, 2023, 10:04:00 am
Ok thanks for info on this I will contact them Monday regarding the transfer.

Do I request them to put myself named as the title followed by the company details or the title as the company?
Title: Re: Lewisham Council 53J Leahurst Road
Post by: cp8759 on September 22, 2023, 09:52:51 pm
You need to contact the lease company and ask them to challenge the penalty on the basis that they're a leasing company and the vehicle is on lease. The council will cancel the PCN issued to the lease company and then issue a new one to your employer. As long as you have a work email address to make representations from, you can then make representations on behalf of your company.

Video:

https://www.youtube.com/watch?v=H6GgSN3LdEQ

The TMO is The Lewisham (Prescribed Routes) (School Streets) (No. 41) Experimental Traffic Order 2022 (https://drive.google.com/uc?id=1V_h6yrfo9TEmIq7tOUeSr2H9Xrxzzehd)

There are no obvious grounds here but one key aspect is whether the council processes the transfer of liability properly.

Location: https://maps.app.goo.gl/tybTh86L1hdT9re3A
Title: Lewisham Council 53J Leahurst Road
Post by: D D on September 21, 2023, 11:15:32 pm
Hello been a good long while since having to seek advice for a pcn.

7 mins under on this one and missed the Frenbrook Cr turning and continued into the trap.

After reading a few posts I’m feeling that this one is unsuccessful if appealed but please advise if I’m incorrect.

I have already been advised that I currently have standing due to the vehicle being owned by employers lease company. Do I contact the lease company and request this to be communicated to Lewisham council or do not make any movements yet and utilities this time to prepare a challenge letter with some guidance from you helpful members?
This pcn was only received today which is already 7 days in.

Here is the GSV location.

Thanks in advance for reading my post and look forward to your correspondences.

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