Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: RW33 on April 29, 2025, 12:44:56 am
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Refused.
https://www.ftla.uk/the-flame-pit/has-the-collateral-challenge-met-its-cul-de-sac/msg101103/#msg101103
To be continued..........
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@HC Andersen, it was after 9 pm and Pelham Road is not a busy thoroughfare. It provides access to some properties but mainly it is the entrance and exit for the Wood Green shopping centre car park. The centre itself is long closed by then except for those few people using it because of the 24/7 gym. There were about 3-4 cars which were stuck behind the blockade, but not enough traffic to block the whole road. They clearly had more patience. Unfortunately none of the cars are visible in the video evidence because it all happens after the road curves to the left.
@Hippocrates, thanks. I will respond to your PM.
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They are nothing if not consistent..in their misunderstanding.
OP, I'm bound to ask how you managed to traverse this section of Pelham Road given that there had been 20 minutes' of impenetrable blockade which was not visible to any vehicle turning into the road. One would have expected Pelham to have been blocked itself, but it wasn't, it was obviously clear.
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https://imgur.com/a/mNVEuHe
Two issues with this:
1. Collateral challenge is a ground.
2. 28 days from date of letter. This is wrong.
https://www.legislation.gov.uk/ukla/2003/3/schedule/1/enacted
3(a)
I'll PM you and advise Tribunal time.
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I have now recieved a Notice of Rejection of Representation (see below), saying that although similar representations have resulted in cancellation of PCNs before, each case is individual and do not set a precedent, particularly as legal advice has 'evolved'. My representation was around the PCN flaw suggested by Hippocrates above.
I would love to know how legal advice has evolved since the previous PCN cancellations and my representation.
Happy to hear your opinion on how to proceed with this.
Notice of rejection - https://imgur.com/a/mNVEuHe
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I would start with the police incident leaving you no alternative. After all, why did you do what you did.
If this were to go to adjudication you want all issues raised in your reps.
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Thank you, Hippocrates. That gives me some confidence that this can be taken all the way. Do you suggest I submit a representation with the PCN flaw or use the police incident in the first instance?
I would start with the PCN and add this to my draft: You have not sought a review of Case No: 224038612A upon which I rely. I also have evidence that you have cancelled at least two other PCNs at the initial stage when the same representations were made. Therefore, your pursuit of my PCN hardly satisfies The Nolan Principles.
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Thank you, Hippocrates. That gives me some confidence that this can be taken all the way. Do you suggest I submit a representation with the PCN flaw or use the police incident in the first instance?
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Ask them. Anyway, there is an issue with the PCN.
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/haringey-52(m)-pcn-nor-help-(downhills-park-rd-n17)/msg54378/#msg54378
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There was no other exit from the car park, but to emerge on Pelham Road and turn right (this is a one way road), where the police blockade was. Instead turned left and emerged onto Gladstone Avenue. The video shows the car emerging on to Gladstone avenue. The police incident in further up the curve in Pelham Road behind where the car is coming from. It is not visible in the video.
Does anyone know where to find report of police incidents in an area on a specific date? I couldn't find any using Google search.
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A police attended incident is usually good enough to get a contravention cancelled and presumably you could not have turned around and gone back and left the car park by a different exit.
See if there is a report online somwewhere of the incident.
What exactly is happening in the video - it's very poor quality.
Did you actually disobey a directional arrow?
(https://i.ibb.co/xKyLJ9Ms/har1.gif)
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Received this postal PCN, due to failing to drive in direction shown by blue arrow, when emerging into Pelham Road from Wood Green Shopping Centre car park. The arrow stated a right turn, however the road was blockaded by police cars, blue flashing lights and ongoing armed police arrest of individuals on the street. It was 9 pm and having waited 20 min already, the situation was not improving. Had to get food and get home. The decision was made to turn left on to Pelham Road and turn into Gladstone Avenue to avoid the blockade. May be I should have waited for as long as needed for the law enforcement to do their duties and be thankful when it was over, but I want to know if anything can be done with this PCN or am I doomed to pay.
PCN - https://imgur.com/a/vSMeIoT
Picture of blockade from other side of Pelham Road - https://imgur.com/a/YPdGEIl