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Messages - theeagleman

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1
Merton has cancelled, without informing it has cancelled it  :)

Cancelled it only last week though

2
Any update to this?

3

Also wanted to add that on the initial PCN on windscreen they mentioned "outside number 2" - that is inaccurate, as there is no odd door numbers of this road. Not sure if that makes any difference

Is it better to also just wait for the NTO?

I have searched, but could find nothing that relates to being "licensed" for anything PCN related.

4
Quote
Unfortunately, the council would only consider cancelling . . . for licensed delivery drivers

Repeated thrice!!
Is this a new LB Merton-specific by-law??

Persevere.


never heard of "licensed delivery driver" ... I thought having a driving license was enough  :o


They are talking complete and utter tosh, (nothing new there, of course). If you were delivering something you are entitle to the loading exemption, but would need to show the need to park on DYLs. This applies to all loading activities, commercial or domestic.


The GSV is here. it was DYL all around and no bays free at the time of the alleged contravention

https://maps.app.goo.gl/rrnFDA6YJk6thxsc9


Also wanted to add that on the initial PCN on windscreen they mentioned "outside number 2" - that is innacurate, as there is no odd door numbers of this road. Not sure if that makes any difference

5
Hi folks,

The following PCN was given, and proof of delivery supplied, yet they rejected, and appears they did not read the appeal properly at all.

PCN + CEO Evidence (snippet)









Appeal





Evidence Request - Follow Up




Evidence supplied was driving license and initial appeal as as above


Rejection post follow up #1




A bigger picture of the customer order plus arrow pointing to date and time of order and asked what other evidence can be supplied, but they sent the below.

Follow up #2




Any suggestions? Thanks again!





6
Thanks!

and Great film!

7
I really appreciate that!

But I can see you have A LOT ON YOUR PCN PLATE right now, and I do not wish to add more burden  :(

If you are able to guide me, I am happy to do it, and learn along the way  :)

8
The usual failure to consider so you know what my advice is.  ;D

Indeed...

I will lodge the initial tribunal appeal.

I guess the main reason is:

The penalty charge exceeded the amount applicable in the circumstances of the case

9
Sorry for late response

Inital Reps + NoR 1






Inital Reps + NoR 2







Thanks!

10
Lambeth have as expected rejected both appeals - same rejection on both appeals.



on NoR it states 14 days it will go 160, and 28 days it will be 240.

Site states this Friday it will be 240 (The demands on their site as per below)



11
The issue on which to win is the website.

Is this based on after the initial reps, on their site giving a demand?
or is the current demand a potential technicality?

For PCN 1. Discount option runs out on Sunday, so any draft you can point me to to file, would be grateful.

Vague locus another?

12
This advance sign is against you : -
https://maps.app.goo.gl/SP2Bgc47tPahQotr8
The traffic lights have a straight ahead arrow beside the green phase light which has a green straight ahead arrow as well:-
https://maps.app.goo.gl/cHMpruunck7VTrtr6
So your case is not strong, in my opinion.

Thank you for your opinion.

I agree.

However, does the second PCN have a case for "continuing contravention"? in your view

13
Instructions are to not redact PCN Number and vehicle registration on PCNs, as it means we can't go and look at the photos and in this case, the video, the sole evidence.

Also, please post a GSV link to the location, because Central Hill is a long street. In fact by not specifying the street the driver turned into, you could claim 'vague locus'. A postal PCN is sent to the registered keeper who may not have been driving at the time. This has won appeals in the past at London Tribunals.

Sorry, I am still in the old way of thought with the previous forum.

PCN 1


PCN 2



GSV Location - https://maps.app.goo.gl/6HyQs3DLZZePeYw56

Turned left on Gipsy Hill


OP, the vehicle is used commercially which invites the questions:

who is the registered keeper?
if your friend, is the PCN addressed to them personally or in a business capacity?


Registered keeper is in my friends name and address, and PCN was personally addressed.

Nothing in a business capacity in relation to the RK (it is used for that though)

14
Hello,

A friend got 2 x PCN for the same contravention. No idea what they were thinking, given how clear the signage is

PCNs and website payment demand below

PCN 1







PCN 2






Appeal for PCN 1 (very weak)

PCN Validity – Collateral challenge

The demands on the PCN website made are deemed excessive on screen website (see above)...

I do note that a few by Hippocrates has been won upon NoR and then at tribunal showing excessive

Appeal for PCN 2


That the penalty charge exceeded the amount applicable in the circumstances of the case.

Continuing Contravention
The above PCN were sent sequentially, however I was not aware of the initial PCN XXXXXX. Thus it would be deemed disproportionate to punish multiple times, as the driver was not aware.

I would like to draw your attention to the following case:

2160273606

The appellant does not deny the contravention but states that he was travelling to Highgate hospital and was a stranger to the area and made the same mistake twice in one day as a consequence of which he received two PCN's
I am satisfied form the evidence that the contravention did occur. However I also find that as the there is a time lag in issuing a PCN by post, a motorist can unwittingly continue to make the same mistake until they receive notification of the PCN and in these circumstances I find the second PCN issued to be a continuing contravention and allow the appeal in relation to the second PCN under case number 2160273606 but refuse the first PCN issued under case number 2160273661



In light of the aforementioned, I was not aware of any subsequent PCN thus ask for this PCN to cancelled.

15
TfL accepted the Reps.

Did not ask to even pay the £4, which I did offer.  :)

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