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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Patrick on July 26, 2025, 09:33:23 am

Title: Re: Lambeth, Code 37, Failing to give way to oncoming vehicles, Salter's Hill
Post by: Hippocrates on September 06, 2025, 10:29:28 am

 :) Super. Thanks. Well done for not joining The Mugged Club!

Title: Re: Lambeth, Code 37, Failing to give way to oncoming vehicles, Salter's Hill
Post by: Patrick on September 06, 2025, 09:52:19 am

It was cancelled! Thanks for your help @Hippocrates

I thought you may find it useful to see their reply for future advice.

(https://i.imgur.com/6wNeZrz.jpeg)

Title: Re: Lambeth, Code 37, Failing to give way to oncoming vehicles, Salter's Hill
Post by: Hippocrates on July 29, 2025, 08:50:56 am

OK.

Plus this:

I also make this collateral challenge regarding the PCN which does not state mandatory information provided at 4(8 )(v) of https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted

which in turn refers to 4(8 )(iii). Therefore, the PCN is not valid as it is missing mandatory information.

Finally, the website screenshot is a threat to increase and clearly states in bold type and colour: PAY NOW which is highly prejudicial.

Title: Re: Lambeth, Code 37, Failing to give way to oncoming vehicles, Salter's Hill
Post by: Patrick on July 29, 2025, 08:18:58 am

My short paragraph.

What cannot be seen in the poor quality CCTV is that there is a speed bump that the oncoming cars must cross, though in the video you can see them go over the bump. The oncoming car is only joining the road from the junction at the point I am crossing the give way lines. When joining a road you must give way to traffic already on that road. The oncoming car is still some distance away when when I am going through the narrowing. I also clear the narrowing whilst the oncoming car is still proceeding over the speed bump before it. The speed bump means they cannot proceed to the narrowing at a speed that means I could have obstructed them. Essentially I did not commit the moving traffic offence aledged.

Should I use this to reply to on the PCN portal or await your defence letter?

Thanks for any help or advice offered

Title: Re: Lambeth, Code 37, Failing to give way to oncoming vehicles, Salter's Hill
Post by: Hippocrates on July 26, 2025, 09:56:09 am

Yes. They appear to have corrected the wrong date re increase.  But the date of issue is wrong. I did 8 PCNs last month and the adjudicator was concerned about this. I am also looking in depth at the PCN and will be back later as, strictly speaking, it has omitted one item of mandatory information.

https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted


(8)A penalty charge notice under this section must—

(a)state—

(i)the grounds on which the council or, as the case may be, Transport for London believe that the penalty charge is payable with respect to the vehicle;

(ii)the amount of the penalty charge which is payable;

(iii)that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;

(iv)that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;

(v)that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable;

*******

I will draft a defence later today. They usually fail to consider any technical arguments!  Meanwhile, can you formulate your points please in a short paragraph too?

Title: Re: Lambeth, Code 37, Failing to give way to oncoming vehicles, Salter's Hill
Post by: Patrick on July 26, 2025, 09:49:13 am

Thanks for a sppedy reply!

I think this is what you are after

(https://i.imgur.com/ndvbeof.png)

(https://i.imgur.com/c1J2T9g.png)

Title: Re: Lambeth, Code 37, Failing to give way to oncoming vehicles, Salter's Hill
Post by: Hippocrates on July 26, 2025, 09:40:55 am

We win cases re their website. Please screenshot what the payment page says and report back. Do not pay it, of course!

Title: Lambeth, Code 37, Failing to give way to oncoming vehicles, Salter's Hill
Post by: Patrick on July 26, 2025, 09:33:23 am

Good Morning

I recieved the following PCN in the post on Thursday. I have not appealed on the Lambeth website yet as I thought I would seek advice here first.

I have watched the video and think it is very harsh. What cannot be seen in the poor quality CCTV is that there is a speed bump that the oncoming cars must cross, though in the video you can see them go over the bump. I am the Gray Passat driving away from the camera. I feel that the oncoming car has crossed a junction to join the road I am already on and is far off from the give way. The oncoming car has plently of time and space to get through and must go over the speed bump before meeting the narrowing of the road.

Any advice is most welcome. Below are the PCN and youtube link for the CCTV video from the Lambeth Council website. I have also done a screenshot of the point my front tyres cross the white line.

(https://i.imgur.com/PiGf3rc.jpeg)

(https://i.imgur.com/pWiZNNF.jpeg)

(https://i.imgur.com/zcLAjVl.jpeg)

https://www.youtube.com/watch?v=a8A7IJcKwSA



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