Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: mr-jp on November 17, 2023, 03:05:24 pm

Title: Re: Harrow Camrose Ave BUS GATE 33E, PCN 33E using restricted to certain vehicles buses, cycles & taxis
Post by: Hippocrates on January 26, 2024, 08:06:49 pm: Cleary, this is another weapon which I am sure MM will employ.
Title: Re: Harrow Camrose Ave BUS GATE 33E, PCN 33E using restricted to certain vehicles buses, cycles & taxis
Post by: mr-jp on January 26, 2024, 12:13:41 pm: Hi guys, just to update MMV has offered to represent me as stated above & I am grateful for.

I don't have a copy of the reps I sent off but I literally just asked them for a copy of video evidence so I could present a proper appeal. They did not provide me with the video and I have emailed twice since requesting one and they have still not sent me one.
Title: Re: Harrow Camrose Ave BUS GATE 33E, PCN 33E using restricted to certain vehicles buses, cycles & taxis
Post by: Hippocrates on January 22, 2024, 05:42:52 pm: It's a classic/old argument. From the good old days!
Title: Re: Harrow Camrose Ave BUS GATE 33E, PCN 33E using restricted to certain vehicles buses, cycles & taxis
Post by: guest17 on January 22, 2024, 01:49:46 pm: Thanks for that.

I have undertaken to represent the OP at Tribunal.

Mike
Title: Re: Harrow Camrose Ave BUS GATE 33E, PCN 33E using restricted to certain vehicles buses, cycles & taxis
Post by: Hippocrates on January 22, 2024, 11:12:16 am: I bring a collateral challenge on the basis that the PCN is unenforceable because the taken without consent ground clearly fetters to theft by its very wording that a crime report be provided. Therefore, this inaccurate reflection of the statutory ground does not take into account that a relative, or friend, may have taken the vehicle without the owner's permission so that the owner would not necessarily, if at all, report the matter to the Police in such circumstances or, indeed, make an insurance claim. I refer to Chidi Egenti v London Borough of Islington Case No 2110212199 which corroborates this argument.
Title: Re: Harrow Camrose Ave BUS GATE 33E, PCN 33E using restricted to certain vehicles buses, cycles & taxis
Post by: Hippocrates on January 20, 2024, 02:52:54 pm: What were the reps.? Also the TWOC ground limits to theft.
Title: Re: Harrow Camrose Ave BUS GATE 33E, PCN 33E using restricted to certain vehicles buses, cycles & taxis
Post by: guest17 on January 20, 2024, 02:44:18 pm: I would say the defence for this one is simple.

At the time stated on the PCN the OP's vehicle was not within the bus gate as per the Council's own evidence.

Mike[attachimg=1]

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Title: Re: Harrow Camrose Ave BUS GATE 33E, PCN 33E using restricted to certain vehicles buses, cycles & taxis
Post by: mr-jp on January 11, 2024, 02:30:46 pm: Hey, so I did send off an appeal requesting CCTV and they just sent me a notice of rejection today stating "We sent you a PCN because our camera evidence shows your vehicle disobeying a sign and using a route that was only for buses, cycles and taxis. The sign is blue and round, with a white picture of the vehicles allowed."

They didn't give me any footage but said I could email them for it. I will request the CCTV but is there a way to fight this even without the footage? Seen a couple people win their case on here

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Title: Re: Harrow Camrose Ave BUS GATE 33E, PCN 33E using restricted to certain vehicles buses, cycles & taxis
Post by: cp8759 on December 01, 2023, 07:23:46 pm: You might just have to make a representations requesting a copy of the video.
Title: Re: Harrow Camrose Ave BUS GATE 33E, PCN 33E using restricted to certain vehicles buses, cycles & taxis
Post by: mr-jp on November 29, 2023, 12:37:21 pm: Quote from: cp8759 on November 22, 2023, 11:32:38 pm
The video is normally available from https://viewmypcn.co.uk/default.aspx but it seems there's some sort of delay in this case.

If it's still not available in 24 hours, call the council and ask if they can email it to you.

Thanks CP I tried that site a few days ago and still haven't received any video. Also gave them a call today and they don't deal with any pcn queries over the phone now. What do you advise?
Title: Re: Harrow Camrose Ave BUS GATE 33E, PCN 33E using restricted to certain vehicles buses, cycles & taxis
Post by: cp8759 on November 22, 2023, 11:32:38 pm: The video is normally available from https://viewmypcn.co.uk/default.aspx but it seems there's some sort of delay in this case.

If it's still not available in 24 hours, call the council and ask if they can email it to you.
Title: Re: Harrow Camrose Ave BUS GATE 33E, PCN 33E using restricted to certain vehicles buses, cycles & taxis
Post by: mr-jp on November 22, 2023, 12:31:55 am: Quote from: Pastmybest on November 17, 2023, 04:37:40 pm
Get and post the video

There is no video on the website, only pictures of my car. Do I need to call & request for one?
Title: Re: Harrow Camrose Ave BUS GATE 33E, PCN 33E using restricted to certain vehicles buses, cycles & taxis
Post by: Pastmybest on November 17, 2023, 04:37:40 pm: Get and post the video
Title: Harrow Camrose Ave BUS GATE 33E, PCN 33E using restricted to certain vehicles buses, cycles & taxis
Post by: mr-jp on November 17, 2023, 03:05:24 pm: Hey guys I just received this PCN recently and have seen many people eventually win their case but I'm not exactly sure the correct way to appeal it. Would appreciate if anyone could help

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