Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Slin345 on October 25, 2023, 05:05:23 pm

Title: Re: Lewisham - 53 j - vehicles entering a pedestrian zone
Post by: cp8759 on November 15, 2023, 12:32:55 am
@Slin345 if you'd like me to represent you at the tribunal, drop me a PM and we'll sort out the logistics of that.
Title: Re: Lewisham - 53 j - vehicles entering a pedestrian zone
Post by: Slin345 on November 13, 2023, 09:41:28 pm
Hello again. Small update - Received Letter Of Rejection last week most likely but only got that passed to me this evening.

Posting links to photos of the letter below:

https://www.flickr.com/photos/76809520@N02/53330673364/
https://www.flickr.com/photos/76809520@N02/53329460942/
https://www.flickr.com/photos/76809520@N02/53330338791/

How should I proceed next ?
Title: Re: Lewisham - 53 j - vehicles entering a pedestrian zone
Post by: cp8759 on October 29, 2023, 04:15:24 pm
Draft reps:

Dear London Borough of Lewisham,

I challenge liability for PCN ZY06516373 on the grounds that the penalty demanded exceeds the amount due in the circumstances of the case. In this instance the penalty charge wrongly asserts that a charge certificate may be issued after 28 days from the date of the notice, rather than 28 days from the date of service of the notice (as it should).

I draw your attention to the decision in Robert Atlas v London Borough of Barnet (2170053479, 24 April 2017), which comprehensively deals with this point, and was recently followed in Edmundson Electrical Ltd v City of London (2220061290, 07 March 2022) and Goode Durrant Administration Ltd v City of London (2230004045, 01 February 2023).

In light of the above the penalty charge must be cancelled.

Yours faithfully,


Send the representations online and get a screenshot of the confirmation screen. Don't worry about the discount, you will almost certainly have to appeal to the tribunal but we will help with that. And you will almost certainly prevail in the end.
Title: Re: Lewisham - 53 j - vehicles entering a pedestrian zone
Post by: taffer87 on October 28, 2023, 07:35:46 pm
Understandable about you guys being busy and yes I'm past my discount period - I think I was still okay yesterday but completely forgot about it.

Advance warning signs from your first link - coming from that side there actually two warning signs prior to the road and the entrance to the road is easily visible.

Although I was coming from the opposite side - where the sign from your second link should be - it is no longer there and there is no other warning signs coming from that side in the whole Burnt Ash Road. Coming from that side the School Street signs are blocked by low trees - see the pictures in my original post.

Apologies for bumping the thread earlier and thank you very much for your advice.

EDIT: Actually according to the letter I've got I should be outside discount period but when going to Lewisham Council website to check their evidence it says I still have time until 31st of October to pay the discounted amount.

Here is the video from Lewisham Council - https://www.flickr.com/photos/76809520@N02/53292156534/in/dateposted-public/

these signs are normally folded and removed during school holidays
Title: Re: Lewisham - 53 j - vehicles entering a pedestrian zone
Post by: Pastmybest on October 28, 2023, 05:24:03 pm
The PCN is flawed in that it mis states the date by which representations must be made and the date when they may serve a CC so if you have missed the discount do not pay, regardless the contravention these reasons have a vey good chance of winning
Title: Re: Lewisham - 53 j - vehicles entering a pedestrian zone
Post by: Slin345 on October 28, 2023, 01:57:42 pm
Understandable about you guys being busy and yes I'm past my discount period - I think I was still okay yesterday but completely forgot about it.

Advance warning signs from your first link - coming from that side there actually two warning signs prior to the road and the entrance to the road is easily visible.

Although I was coming from the opposite side - where the sign from your second link should be - it is no longer there and there is no other warning signs coming from that side in the whole Burnt Ash Road. Coming from that side the School Street signs are blocked by low trees - see the pictures in my original post.

Apologies for bumping the thread earlier and thank you very much for your advice.

EDIT: Actually according to the letter I've got I should be outside discount period but when going to Lewisham Council website to check their evidence it says I still have time until 31st of October to pay the discounted amount.

Here is the video from Lewisham Council - https://www.flickr.com/photos/76809520@N02/53292156534/in/dateposted-public/

Title: Re: Lewisham - 53 j - vehicles entering a pedestrian zone
Post by: Incandescent on October 28, 2023, 10:09:42 am
Bump
We are a busy lot, y'know, as all advice is pro bono, and people have other jobs to do.
Anyway, here are the advance warning sign on GSV Feb 2023. Is that still there ?
https://maps.app.goo.gl/yAakKypMyZyNaCsR6
and also in the other direction
https://maps.app.goo.gl/pdd2pViKJRX4DZzW6
Here's the entrance with its signs
https://maps.app.goo.gl/JexReGFLn81jZT1R7
Are you now past the discount period now ?
For me the signs are clear, so the discount looks your best option, but we haven't seen the video, which is their sole evidence.  YOu could go to London Tribunals if you did, indeed stop just beyond the signs having realised your mistake, on a de minimis basis.
Title: Re: Lewisham - 53 j - vehicles entering a pedestrian zone
Post by: Slin345 on October 28, 2023, 07:03:57 am
Bump
Title: Re: Lewisham - 53 j - vehicles entering a pedestrian zone
Post by: Slin345 on October 26, 2023, 05:03:29 am
My apologies - I have now edited original post with updated links.
Title: Re: Lewisham - 53 j - vehicles entering a pedestrian zone
Post by: Incandescent on October 25, 2023, 09:47:59 pm
I think you need to renew the links in your post as they don't seem to work.
Title: Lewisham - 53 j - vehicles entering a pedestrian zone
Post by: Slin345 on October 25, 2023, 05:05:23 pm
Hey everyone.

Was working in unfamiliar area around a week and a bit ago and took a left into a School Street and it was already too late when I realised - stopped right after the sign and waited until restriction time ended but to no suprise PCN came anyway.

There is no warning sign prior to the restricted road when coming from the side where it would be a left turn (Although in 8 month old GSV photos there is a blue warning sign it is no longer there as I went yesterday just to double check). Coming from that side the junction/restriction signs are obscured by low trees.

There is only couple of days left for discounted fine option and I don't know if I have any grounds to an appeal or just pay up and be done with it.

Would've posted earlier but only got a chance to drive through that area again yesterday to double check if there was any warning signs coming from that side.

Link to PCN photos and images I took on that same day of the junction - https://www.flickr.com/photos/76809520@N02

GSV link - https://maps.app.goo.gl/oTaNkBrc662e2EWB8

Thank You for your advice.