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Messages - tlogic

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1
Civil penalty charge notices (Councils, TFL and so on) / Haveing Council - 50r No Right Turn - London Tribunal - Council Evidence - 56 day rule does not apply
« on: September 20, 2025, 10:45:42 pm »
Hi all,

Back in June I received a PCN from Havering Council for making an illegal right turn. To buy some time before paying, I submitted an appeal on the basis of unclear signage 😉. I was expecting the rejection letter so I could then just pay and move on, but it only arrived 77 days after I submitted my appeal, not within the 56-day timeframe.

Because of that, I appealed to London Tribunals, arguing that since the council didn’t respond within 56 days, my original appeal should be accepted by default.

However, the council have now submitted their evidence pack, saying that the 56-day rule doesn’t apply to moving traffic contraventions.

Is that correct?

I’ve attached a copy of the relevant page, which includes my appeal grounds and the highlighted section where they state the 56-day rule doesn’t apply.

My case is scheduled to be heard on 6th October.

Any advice would be greatly appreciated.


2
Civil penalty charge notices (Councils, TFL and so on) / Re: Received Charge Certificate - Please Help!!!
« on: October 09, 2024, 11:22:51 pm »
thanks for the link, your right it's much easier to follow.

The name and address is also  correct on the letters I've received.




3
Civil penalty charge notices (Councils, TFL and so on) / Received Charge Certificate - Please Help!!!
« on: October 09, 2024, 10:06:55 pm »
Hi ,

I could really use some advice. I was referred here from a Facebook group.

Here’s my situation: I received a bus lane PCN from Barking & Dagenham council, which I disputed and appealed through their website. A few weeks later, I got a letter titled "Notice of Rejection" (dated August 14, 2024) explaining why my appeal was denied and outlining my next steps if I disagreed with the decision.

The letter mentioned that if I didn't agree with the council's decision, I should not pay the fine and should wait for an enforcement notice, which I chose to do since I wanted to take my appeal to the tribunal. However, yesterday I received a Charge Certificate demanding full payment plus a £65 surcharge, totalling £195.

The problem is, I never received the Enforcement Notice from the council.

I've been given advise on FB that I should follow the procedures in this POST is this right course of action?

Thanks


4
Civil penalty charge notices (Councils, TFL and so on) / Re: Barking & Dagenham - Contravention Code 62
« on: May 15, 2024, 09:05:09 pm »
Hi All,

So this morning I was greeted with a rejection letter from the council, below is their response.

It's nice of them to offer me a 50% discount once more as a good will gesture:







Next set of pages is the standard details for the London Tribunals.

So what next guys, shall I take I lodge the appeal with the adjudicator?

You can see from their response,  they have just provided a standard response and haven't really addressed the points raised in my previous letter nor have they provided a copy of the resolution as previously requested?

5
Civil penalty charge notices (Councils, TFL and so on) / Re: NEWHAM Council - 34J Being in a bus lane - 36 seconds before restrictions are lifted
« on: April 29, 2024, 10:40:46 pm »
Quote from: cp8759 on April 29, 2024, 10:36:38 pm
@tlogic let us know when you get a reply. This will likely have to be taken to the tribunal.

thanks CP8759, I will keep this thread updated.


6
Civil penalty charge notices (Councils, TFL and so on) / Re: NEWHAM Council - 34J Being in a bus lane - 36 seconds before restrictions are lifted
« on: April 28, 2024, 10:35:39 pm »
Hi CP879,

Apologies, I'm still here  :)

copy of pcn below.

I've  already submitted an appeal which I am waiting to hear back from.

Below is a copy of my appeal:

=======

I am appealing this PCN on the grounds that the contravention did not occur.
I am fully aware of the restrictions on this bus lane, and entered it immediately after 7pm, which is when the restriction ends. I notice your one of your online still photographs of my car in the bus lane/stop states the time of 18.59.23, some 37 seconds before 7pm. 

Two devices in my car, my dashboard clock and my mobile phone on a mount, both showed the time as 7pm, neither show the exact second, so as far as I was concerned the time was 7pm. I would not have entered the bus lane otherwise.

I would suggest that a contravention that occurs 37 seconds from the end of the restriction is effectively de-minimis and for that reason, no contravention occurred and the PCN should be cancelled.

====




7
Civil penalty charge notices (Councils, TFL and so on) / Re: Barking & Dagenham - Contravention Code 62
« on: April 28, 2024, 09:24:22 pm »
Quote from: cp8759 on April 28, 2024, 03:35:37 pm
@tlogic we have a whole array of cases exactly the same or very similar to yours:

Lorna Jennifer Whittick v London Borough of Merton (2160383659, 10 October 2016)
Yasmin Robinson v London Borough of Redbridge (221007511A, 29 March 2021)
Aliecee Cummings v London Borough of Lewisham (219023696A, 18 July 2019)

Here is a draft representation (the representation must come from the person named on the notice to owner, if the car is registered to your wife the representation needs to be made in her name):

Dear London Borough of Barking and Dagenham,

I challenge liability on the ground that the alleged contravention did not occur. There are footway parking bays on Cavendish Gardens and footway parking has been permitted for over a decade. If you look at the latest images from Google street view at https://maps.app.goo.gl/c1LSrTRKcJhJVxwH8 you can actually see my car parked on the right in exactly the same position as it was when the penalty charge notice was issued.

There are 11 Google Street View captures between September 2008 and March 2022 and in every single instance cars can be seen parked with two wheels on the footpath, this combined with the presence of footway parking bays and the fact that there has to my knowledge never been any footway parking enforcement led me to understand that footway parking is in fact permitted on this road, as it always has been.

Certainly if the local authority has decided to prohibit footway parking, or restrict footway parking to marked bays only, I would expect the local authority to take steps to inform road users of this change, this would normally be done by the use of signs prescribed by diagram 667.1 together with an auxiliary panel stating "In marked bays", however no such signs are present on the road. I would also have expected local residents to be consulted on this change, but I have not received any notification in this regard.

In any event as footway parking is permitted on at least some parts of Cavendish Gardens, the local authority must have passed a resolution under section 15(4) of the Greater London Council (General Powers) Act 1974, and I cannot know if I was in breach of the terms of the resolution without seeing a copy. Therefore if you a minded to refuse this representation, I request that you provide a copy of the resolution so that I may satisfy myself that the footway parking bays are correctly marked on the road.

Yours faithfully,

Send this online and keep a copy as well as a screenshot of the confirmation page.

Also many thanks for posting all the documents properly, this makes our job much easier and you'd be surprised at how few people actually following the posting instructions properly.

Hi CP879,

Thank you so much for your detailed posts.

This is greatly appreciated.

I will issue the above ( in wife name) and keep you all updated as to how I get on.

Thanks again.  :)

 


8
Civil penalty charge notices (Councils, TFL and so on) / Re: Barking & Dagenham - Contravention Code 62
« on: April 24, 2024, 12:21:43 pm »
Thank you for your reply Incandescent, much appreciated.

I think I have now managed to upload the images correctly  :).

Regarding the council rejection letter, i'm struggling to locate this, however I will look for this again when I get home later.


Is it worth structuring my appeal on the basis the original PCN is non compliant with "Chapter 1 Section 3(1) of the The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022"
 due to the PCN  missing mandatory information as mentioned in your latest post ? 

I have read the clause below multiple times (noted below), but i'm struggling to understand what it's trying to say  :-[

"3(1)(c) that if a notice to owner is served despite the representations mentioned in sub-paragraph (b), representations against the penalty charge must be made to the enforcement authority in the form and manner and at the time specified in the notice to owner"













Google Street view location: https://maps.app.goo.gl/QCbMP8nBR2xjj2468

9
The Flame Pit / Re: PePiPoo site down??
« on: April 22, 2024, 10:26:49 pm »
tbh honest I prefer this forum now after joining yesterday. With Pepipoo you can't even  register with an outlook email address which is absurd in this day and age. This forum looks more modern with very knowledgeable members who offer advice.
I only found out about this forum through the MSE site.

10
Civil penalty charge notices (Councils, TFL and so on) / Re: Barking & Dagenham - Contravention Code 62
« on: April 22, 2024, 10:20:59 pm »
Hi,

I have uploaded a copy of both the PCN and NTO.

Any help will be greatly appreciated.

Even if it's a comment telling me I'm  wasting my time in appealing and to just pay the fine.

thank you.

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11
Civil penalty charge notices (Councils, TFL and so on) / NEWHAM Council - 34J Being in a bus lane - 36 seconds before restrictions are lifted
« on: April 21, 2024, 10:44:37 pm »
Hi

This is PCN nr two I'm fighting lol. 

I recently received a PCN from Newham Council for driving in a bus lane.

Restrictions on Barking Road, are from 7am til 10am and again 4pm til 7pm.

I was snapped driving in the bus lane at 18:59:24,  - which work out to be 36 seconds before the restrictions are lifted. It's either my car or their camera  not calibrated, could I Successfully appeal?

Thanks

12
Civil penalty charge notices (Councils, TFL and so on) / Barking & Dagenham - Contravention Code 62
« on: April 21, 2024, 10:29:19 pm »
Hi

Really could do with some help with this PCN if possible.

My wife recently received a PCN for parking over our dropped kerb, with a contravention code 62.
(Parked with one or more wheels on any part of a road other than the carriageway).

This is what really annoys me  >:( 
Pavement parking has always been permissible on our road as marked bays extends on to the footpath, so you would automatically assume  footway parking is allowed.

I suspect the reason why the council issued my wife a PCN is a way to to inform her that she must also  purchase an additional dropped kerb permit in addition to her resident permit. This point was raised in the council rejection letter.

This is a new thing the council bought in recently which they have not formally informed the residents on.
To top it off, the CEO who issued the PCN  parked in my neighbours disabled bay just to issue the ticket.

Is there any avenue I can explore to get the PCN cancelled if possible.

I am currently at the NTO stage with my informal challenge being rejected.

From the pictures attached You can see how my wife car was parked, and the bay opposite has  marked bays which extends over the footpath.

there are no signs which advises motorist that footway parking is allowed only in marked bays.

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