Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: victorious007 on May 24, 2025, 03:01:31 pm
-
ok will do
-
Thanks John
I did make another post on the topic and Hippocrates kindly replied: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/pcn-contravention-52m-demody-rd-lewisham/msg90789/#msg90789.
Shall I add the extra material to this post?
Thanks Dave
Please post material relating to your own case on your own thread.
-
Thanks John
I did make another post on the topic and Hippocrates kindly replied: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/pcn-contravention-52m-demody-rd-lewisham/msg90789/#msg90789.
Shall I add the extra material to this post?
Thanks Dave
-
I have just received a PCN from Lewisham Borough for the same offence, 52m on Dermody Road.
I cant remember driving down that road, but I was following the satnav.
The photos and video from Lewisham show I was following traffic down Dermody Road, and another car came the opposite way, so it appeared to be a normal main road with normal traffic flow. I suppose they all got fined?
I should have noticed the no car signs, but I wouldn't have expected them on a main road.
Is the PCN worth appealing?
Thanks
As usual, for meaningful advice you will need to have a read of
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/
and start your own thread by posting up there
all sides of the PCN (only redact yr name & address - leave all else in),
the video,
any council photos,
and
a GSV link to the location.
-
I have just received a PCN from Lewisham Borough for the same offence, 52m on Dermody Road.
I cant remember driving down that road, but I was following the satnav.
The photos and video from Lewisham show I was following traffic down Dermody Road, and another car came the opposite way, so it appeared to be a normal main road with normal traffic flow. I suppose they all got fined?
I should have noticed the no car signs, but I wouldn't have expected them on a main road.
Is the PCN worth appealing?
Thanks
-
To be filed imminently.
-
I say go for it as per my e mail.
-
I'll PM you.
-
@Hippocrates , haha glad you caught onto that.
What will be the next steps Re Tribunals? never done that before
heres the link to the second page the right way up: https://imgur.com/a/cOIR2dw (https://imgur.com/a/cOIR2dw)
(https://i.imgur.com/AZJmXRQ.jpeg)
-
Well, the silly t(w)its have sent the wrong form for a start and have dodged the issues about their website. I say Tribunal time.
-
For convenience (it would help if you could post the 2nd page the right way up!)
(https://i.imgur.com/OyakUZ8.jpeg)
-
@Hippocrates or anyone else happy to help. I just received a REJECTION Letter.
NOR link: https://imgur.com/a/response-lewisham-52m-first-page-scroll-to-bottom-1OK4MO9 (https://imgur.com/a/response-lewisham-52m-first-page-scroll-to-bottom-1OK4MO9)
or try this in case doesnt work: https://imgur.com/a/response-lewisham-52m-first-page-scroll-to-bottom-1OK4MO9
-
Put this into a pdf and choose ground: penalty exceeded amount applicable and contravention did not occur.
Collateral challenge
A PCN issued under the 2003 act cannot possibly act as Notice to Owner.
Furthermore, there is a whole passage on the PCN/Notice to Owner (sic) which
contains information concerning the 56 days period in which to respond which clearly
is taken from parking law. So, it follows that this hybrid document should also
contain grounds which belong to parking legislation. This non-statutory conflation
plays fast and loose with the legislation(s). Any person with no such knowledge
would be sent on a wild goose chase researching “Notice to Owner” etc. I believe this
is the only London council which uses such confusing nomenclature.
Warning signage
This is inadequate. In other parts of the borough, two signs are erected on both sides of the road. Further the contents are meaningless.
Website
Referring to this screenshot:
The amount outstanding on this PCN is £80.00 and will increase to £160.00 on Tue, 10 Jun 2025. However, this PCN currently has a discount, meaning you can pay at a reduced rate of £80.00. This discount expires on Tue, 10 Jun 2025.
This information is incorrect and your website has been found very recently to be wanting.
Considering the above, please cancel the PCN.
-
Just send it.
@Hippocrates , sorry what should I send. the text u wrote above?
is that the actual draft or should i just send that. dont want to get it wrong
-
Just send it.
-
Collateral challenge
A PCN issued under the 2003 act cannot possibly act as Notice to Owner.
Furthermore, there is a whole passage on the PCN/Notice to Owner (sic) which
contains information concerning the 56 days period in which to respond which clearly
is taken from parking law. So, it follows that this hybrid document should also
contain grounds which belong to parking legislation. This non-statutory conflation
plays fast and loose with the legislation(s). Any person with no such knowledge
would be sent on a wild goose chase researching “Notice to Owner” etc. I believe this
is the only London council which uses such confusing nomenclature.
Warning signage
This is inadequate. In other parts of the borough, two signs are erected on both sides of the road. Further the contents are meaningless.
Website
The amount outstanding on this PCN is £80.00 and will increase to £160.00 on Tue, 10 Jun 2025. However, this PCN currently has a discount, meaning you can pay at a reduced rate of £80.00. This discount expires on Tue, 10 Jun 2025
The date is wrong. 14 days from date of PCN.
I will draft later.
Hi @Hippocrates, just realised this pcn will increase in 3 days. would appreciate a draft so i dont miss that. kind regards
-
Collateral challenge
A PCN issued under the 2003 act cannot possibly act as Notice to Owner.
Furthermore, there is a whole passage on the PCN/Notice to Owner (sic) which
contains information concerning the 56 days period in which to respond which clearly
is taken from parking law. So, it follows that this hybrid document should also
contain grounds which belong to parking legislation. This non-statutory conflation
plays fast and loose with the legislation(s). Any person with no such knowledge
would be sent on a wild goose chase researching “Notice to Owner” etc. I believe this
is the only London council which uses such confusing nomenclature.
Warning signage
This is inadequate. In other parts of the borough, two signs are erected on both sides of the road. Further the contents are meaningless.
Website
The amount outstanding on this PCN is £80.00 and will increase to £160.00 on Tue, 10 Jun 2025. However, this PCN currently has a discount, meaning you can pay at a reduced rate of £80.00. This discount expires on Tue, 10 Jun 2025
The date is wrong. 14 days from date of PCN.
I will draft later.
-
Thanks. I will check later and report back.
@Hippocrates
Thanks mate,
-
Thanks. I will check later and report back.
-
Go to the website as if to challenge and screenshot the payment status. Date of increase and how much.
Hi mate, im having trouble with imgur and posting image here
however, it says "your pcn is at discount stage" And "the amount outstanding for your pcn is currently £80, please pay now to avoid increase to £160"
-
Go to the website as if to challenge and screenshot the payment status. Date of increase and how much.
-
What does the current payment status say please and screenshot it?
- I actually received this 2 days ago, if that answers the question?
-
What does the current payment status say please and screenshot it?
-
thanks for your reply mate. I am sure i was following a satnav.
and yes you are right about the above, and also about the blue signage.
-
Not only is there the advance sign you mention, but there is also a sign at the entrance to the street : -
https://maps.app.goo.gl/Sdnw6aMTxUoFWhXL7
At the top of Dermody Road as you approach the "Flying Motorbike" signs, the street to the left is indeed No Entry, but the street to the right isn't and you could have turned into there.
https://maps.app.goo.gl/M1qhDXenXekMspBP7
These blue signs are not traffic signs, and are very poor at indicating restrictions ahead, because what stranger would know street names. Best practice is to have a "geographic" sign showing the road layout ahead, with each street marked as restricted or the way for all traffic. However, they probably cost more so councils just get away with these blue signs. Councils know that >95% of people getting a PCN cough-up immediately.
Were you following a satnav instructions ?
-
Hi all. i am hoping to see what possibilities are here. I have all the relevant pictures and letters in this imgur link: https://imgur.com/a/dbfWNbJ
Just received this PCN of a 52m prohibition.
I am quite old and ive always struggled with reacting to road traffic signs like this. especially now that they are increasing everywhere.
I only realised the prohibition sign when i was about 4 car lengths away from the sign. however, i couldnt do much and couldnt reverse or anything as the road on the side was a no entry/one way. and there were cars oncoming. there wasnt much i could do, i wish the side road was not a 1 way so i could have reacted quicker.
I also realised there was a sign before the actual sign warning me about a prohibtion in 50 yards. however, i did not see this as it was blue and didnt catch my attention.
there is also a video of me driving straight through the prohibition, nothing special. but happy to share
street view image link: https://maps.app.goo.gl/XccSYxfKAUQMa4Kc8
Thanks alot guys. appreciate any help and appeal ideas!