Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: senorbear on June 20, 2023, 04:34:08 pm
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However the user has also posted a rejection letter from Lambeth so whether that is a viable route I'm unsure, or maybe it just requires a more persistent approach..
It is an 100% viable basis, Lambeth always rejects everything but at the tribunal it will be easy peasy. Send that draft and I'll be happy to represent you at the tribunal once you've received the Notice of Rejection.
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Hello all and thanks in advance for any help you can offer.
I got issued with a PCN for the notorious Salters Hill yesterday which is odd because I'm super careful and knew the car was there and recording for this exact reason. I live about 40m from this junction so pass this every day.
I received the letter and looked over the images provided, then went online to see the video as from the images I cannot see what contravention they are referring to as I'm clearly waiting at the give way for the car to come through before going. Online there are only the same images again which I have added here but no video so as it stands I have no idea what if any contravention has occurred. If anything the car in front of me was contravening as it may indeed have caused the silver approaching car to slow down.
Full PCN is here: https://imgur.com/a/QEcZ4G0
So my questions are:
1. Is there an email I can contact Lambeth council on that will provide me with a timely reply?
2. How can they issue a contravention with evidence that doesn't show a contravention?
3. Is there an easy way to fight this e.g. template letter?
My inclination is to fight this as purposefully as I can and am not bothered about the risk of getting a doubled fine. It's a total racket that this thing exists on a road where for the most part the vehicle isn't there and no issues exist, total money-grab from Lambeth!
Any advice warmly welcomed.
Thanks again!
SB
I called lambeth and they gave me this e-mail address which I e-mailed and a few days later they sent the video evidence.
environment at lambeth.gov.uk
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A recent PCN from another user was challenged on the following basis:
Dear London Borough of Lambeth,
the penalty charge notice issued in this instance gives both the 28 day and 14 day payment periods as starting from the date of service of the notice, but under the applicable legislation these periods run from the date of the notice, not the date of service.
This is a material departure from the requirements of the statutory scheme, as a result of which the PCN may not be enforced.
Yours faithfully,
However the user has also posted a rejection letter from Lambeth so whether that is a viable route I'm unsure, or maybe it just requires a more persistent approach..
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I was told on PePiPoo that both of the notice periods were incorrect and a challenge could be made on that basis hence coming over here to ask for help.
Also, in regard to requesting the CCTV evidence via email form Lambeth it seems sensible to me to gather as much evidence as possible before making the strongest and most accurate challenge on as many grounds as possible.
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1. Is there an email I can contact Lambeth council on that will provide me with a timely reply?
Do NOT go outside the process or you'll get into a complete mess. Follow the instructions on the PCN on submitting representations. Obviously in those reps you'll be telling them their own video shows no contravention.
2. How can they issue a contravention with evidence that doesn't show a contravention?
Nothing to stop them, councils do it all the time, that's why London Tribunals exist, and also this forum.
3. Is there an easy way to fight this e.g. template letter?
There is no template letter; best if you write your own and post a draft here for comment before submitting it.
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Hello all and thanks in advance for any help you can offer.
I got issued with a PCN for the notorious Salters Hill yesterday which is odd because I'm super careful and knew the car was there and recording for this exact reason. I live about 40m from this junction so pass this every day.
I received the letter and looked over the images provided, then went online to see the video as from the images I cannot see what contravention they are referring to as I'm clearly waiting at the give way for the car to come through before going. Online there are only the same images again which I have added here but no video so as it stands I have no idea what if any contravention has occurred. If anything the car in front of me was contravening as it may indeed have caused the silver approaching car to slow down.
Full PCN is here: https://imgur.com/a/QEcZ4G0
So my questions are:
1. Is there an email I can contact Lambeth council on that will provide me with a timely reply?
2. How can they issue a contravention with evidence that doesn't show a contravention?
3. Is there an easy way to fight this e.g. template letter?
My inclination is to fight this as purposefully as I can and am not bothered about the risk of getting a doubled fine. It's a total racket that this thing exists on a road where for the most part the vehicle isn't there and no issues exist, total money-grab from Lambeth!
Any advice warmly welcomed.
Thanks again!
SB