Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: privates on October 05, 2023, 10:35:01 pm
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@cp
what was the issue with TFL paperwork?
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DNC'ed at the tribunal.
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@privates please look at the email I've just sent you, this is very urgent.
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Please post the NoR -all sides, only redact yr name & address.
https://ibb.co/0f8vpxH
https://ibb.co/nw3XcZv
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Please post the NoR -all sides, only redact yr name & address.
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@privates there are a multitude of issues with TFL PCNs at the moment, so just make a representation saying that the contravention did not occur, and let me know when you get the notice of rejection.
Notice of rejection has been received
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@privates there are a multitude of issues with TFL PCNs at the moment, so just make a representation saying that the contravention did not occur, and let me know when you get the notice of rejection.
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Here is the video uploaded to YouTube as requested..
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Here is the link for the footage
@privates your link doesn't work, try using youtube instead.
Also for the TE9 which solicitor office can I go to for them to sign the statement? I have tried to look for one as county court is difficult to get through too
As I mention on your other thread, you don't need a solicitor for form TE9, you just fill it in, type your name into the signature box and email it to tec@justice.gov.uk
My only fear is that it's taken you week to reply to this thread and you might have missed the deadline again, please submit the form tonight!
This PCN is again at its first stage. I have attached the PCN below -
https://ibb.co/109jQqZ
https://ibb.co/MGNTN9r
https://ibb.co/2y4xtNs
https://ibb.co/pvB3Mgv
I will attempt to upload the video to YouTube now.
Thank you.
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Here is the link for the footage
@privates your link doesn't work, try using youtube instead.
Also for the TE9 which solicitor office can I go to for them to sign the statement? I have tried to look for one as county court is difficult to get through too
As I mention on your other thread, you don't need a solicitor for form TE9, you just fill it in, type your name into the signature box and email it to tec@justice.gov.uk
My only fear is that it's taken you week to reply to this thread and you might have missed the deadline again, please submit the form tonight!
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I have the DVD which I will upload shortly and the original PCN I hadn't received.. Is there still any hope regarding this?
@privates well you are not really giving yourself the best chance here.
As I have told you time and time again, you are responsible for staying on top of things and making sure deadlines are not missed, neither we nor Transport for London can do that for you.
You're going to have to send another witness statement to TEC on the ground that you did not get the PCN, then as soon as the PCN goes back down to £80 make a representation saying the contravention did not occur (do not wait to get the PCN in the post, you don't need it to make a representation).
Also, where's the video? You told us you'd upload it last week?
Here is the link for the footage - https://streamable.com/36zou9
Also for the TE9 which solicitor office can I go to for them to sign the statement? I have tried to look for one as county court is difficult to get through too
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I have the DVD which I will upload shortly and the original PCN I hadn't received.. Is there still any hope regarding this?
@privates well you are not really giving yourself the best chance here.
As I have told you time and time again, you are responsible for staying on top of things and making sure deadlines are not missed, neither we nor Transport for London can do that for you.
You're going to have to send another witness statement to TEC on the ground that you did not get the PCN, then as soon as the PCN goes back down to £80 make a representation saying the contravention did not occur (do not wait to get the PCN in the post, you don't need it to make a representation).
Also, where's the video? You told us you'd upload it last week?
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@privates the High Court has overturned the tribunal judgment on red route bays, so they can enforce using CCTV.
What I'm not clear on is whether you've got a PCN?
Also, can you please post the video?
I have received a OFR for this today after stupidily forgetting about this PCN! I really hope we can still do something about this PCN..
I have the DVD which I will upload shortly and the original PCN I hadn't received.. Is there still any hope regarding this?
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I do not have the PCN.
The DVD shows me going into the shop for a coffee and returning. I had thought this was for shopping as we shop from the shop on this road too but that is not the case.
I will upload this in a few hours and send the link here
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@privates the High Court has overturned the tribunal judgment on red route bays, so they can enforce using CCTV.
What I'm not clear on is whether you've got a PCN?
Also, can you please post the video?
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OP, you posted: 'Needing to appeal this on behalf of a family member.'
Who is the registered keeper;
And if not you, how did you get the DVD?
You posted: 'Right so this is an absolute shambles,'
Looks like it!
Registered keeper is my mother. We live at the same address.
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Do you have a PCN now then??
I haven't. I was checking on the TFL website for when the PCN goes back down to £80 and I called to request for the DVD.
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I challenge this PCN on the basis that TFL can not enforce PCNs on red route bays therefore this PCN is invalid.
What do you base this statement on ?
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OP, you posted: 'Needing to appeal this on behalf of a family member.'
Who is the registered keeper;
And if not you, how did you get the DVD?
You posted: 'Right so this is an absolute shambles,'
Looks like it!
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Do you have a PCN now then??
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Call TfL on 0343 222 3333 and ask for the video please, they will send you a DVD in the post.
How shall I word the appeal for this PCN?
To whom it may concern,
I challenge this PCN on the basis that TFL can not enforce PCNs on red route bays therefore this PCN is invalid.
Under these circumstances I ask that this PCN is cancelled.
Thank you.
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Call TfL on 0343 222 3333 and ask for the video please, they will send you a DVD in the post.
I have finally managed to get the DVD which has arrived yesterday. Is there anything I should check for?
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Right so this is an absolute shambles, I have had them send out two DVDs but none have been received by my post. I requested the second one on the 7th of December but have yet to receive that either. I had made sure they have my flat number and they do.
I will be calling them today, what do I ask for now that both of there DVDs have failed to be received?
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Call TfL on 0343 222 3333 and ask for the video please, they will send you a DVD in the post.
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On Hold: SUS40 - Statutory Declaration Receipt - as of 09/11/2023
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Photos:
(https://i.imgur.com/BJpfZjD.jpg)
(https://i.imgur.com/0ZID3P1.jpg)
(https://i.imgur.com/8pCmIPS.jpg)
So this is an easy win on appeal, but let's not forget we need to deal with the charge certificate first.
@privates please confirm your understanding of the next steps.
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OK, so this looks like a bay on a red route, so cannot be enforced by CCTV. However, as you haven't posted-up the PCN we cannot tell if the PCN was issued by a CEO or using CCTV. If it was CCTV then the PCN was served unlawfully, following a case at London Tribunals. However, Transport for London have taken the matter to judicial review, so it is not a final decision.
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https://maps.app.goo.gl/k7iimznVohiHGhj96
Link for the location
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Also please give us a link to the exact location on google street view (not a link to a screenshot).
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I shall do, thank you.
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You have posted a Charge Certificate. This cannot be appealed, only paid. So what happened to the original PCN ?
If it was not received, then your family member should wait for the Order for Recovery, then submit a Statutory Declaration that it wasn't received. The matter will then be put back to the PCN stage.
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https://ibb.co/DGyqRZF
https://ibb.co/k1VPDD2
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Please post the PCN, all sides, with only name and address redacted.
There is a current issue of legality with CCTV enforcement of parking bays on Red Routes, but we need to see the PCN to decide if you are included in that issue.
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Hi all,
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Needing to appeal this on behalf of a family member. This PCN has been received for loading in this bay - it says on the sign 'no stopping Mon-Sat 7am-7PM except loading max 20mins'
She was parked here while picking up shopping from the shop few seconds away from this location. It wouldn't have taken longer then 5 minutes nor does the evidence they have provided show this.
I have contacted them in regards to only receiving the charge certificate.
The pictures are as follows :
https://ibb.co/5jzSRFY
https://ibb.co/K2cK823
https://ibb.co/KrkrmP5
https://ibb.co/hy8mJrp