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Messages - boggler

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1
I recently won a 52M with Lambeth thanks to Hippocrates. Make sure your screenshot the current payment demand page.

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/pcn-52m-eastmearn-road-lambeth-5206/msg62370/#msg62370

Even when I was at the appeal stage, they were still threatening to raise the penalty! It was an easy win....

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Thanks again for your help with this!

3
So, inevitably today in the post I received the rejection letter from Lambeth, of my appeal (which was based on the conflicting dates on their website and the PCN). They have given the following options:

A. 14 days to pay the discount charge of £65 counting from 17 March 2025

B. Pay the full £130 after 28 days

C. Appeal to E&TA (Environment and Traffic Adjudicators.

 I am very happy to go for option C. They've given options to appeal via post or online (that's all). I believe it was mentioned on the forum that the appeal should be in person and that someone should be able to assist me with this. If this is still the case I would be very grateful. Please let me know what you need from my end. I have enclosed the rejection below.

Thank you.







4
Still no word from Lambeth. When I logged online though it now says

The amount outstanding on the Charge Notice will increase to £130.00 very soon. Please pay £65.00 now.

and then immediately below

We received your representation on Fri, 21 Feb 2025 and we will reply in due course. You do not need to make representations again.


 ???  ::)

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@Hippocrates Thanks. Will definitely sign the petition. So, is that all I should write in the first instance?

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@boggler Just won one for a member last week. You seem to be on the ball. I'll have a think and draft a strategic challenge.  2250001028

https://drive.google.com/file/d/11-zn49BD8w6i6FjchByUjkdx69TUFI1o/view

Dear Lambeth

The contravention did not occur as a recipient of a PCN must not be placed in a position of doubt and confusion as to when or what to pay.

Yours


****

Let's see how Barbour Logic deals with that.

@Hippocrates Thank you ever so much in advance. That is very decent of you!

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I’ve recently been issued a PCN by Lambeth Council for a code 52m prohibition on certain types of vehicle, travelling eastwards from Eastmearn Road onto Rosendale Road



The status quo of the price and date increase on it has now updated; it now reads "The amount outstanding on the Charge Notice will increase to £130.00 on Sun, 09 March 2025. Please pay £65.00 now.”

I was given the notice on 10/02/2025. In terms of the 14 days reduced penalty,  it looks like the dates don’t match up do they? What’s the best way of going about challenging this?

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Thanks.....They must have heard me.....The DVD arrived in the post today....The slightly sneaky thing is that immediately below the camera is where the bus lane ends and where I was turning left........


https://imgur.com/a/KLmG6aJ


Any chance of appealing this?

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Hi

I got a notice letter for a pcn (by97079698) on 25/10 for an incident on 20/10 for stopping in a yellow box, i dont remember this but it could have been traffic lights suddenly turned red and i went too early. 

Is there any grounds for appeal?  I have until tomorrow to pay the reduced fee

Contravention code 31j.  They uploaded the pictures/video online

Appeciate any advice

I know that one well. You are usually better off in the left side lane as unless there is bus congestion ahead (which you can usually see), you can still swing round to the right and head up towards Masons Hill.

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Thanks a bunch. I'll be on the phone to them on Monday morning. Part of me is tempted just to pay up and avoid the stress. But the other part of me thinks "cheeky barstewards", that's exactly what they want me to do.
Don't join The Mugged Club
Quite. I should patent this. I see the OP has used my "template".

Indeed I did. Hope that's ok. Incidentally, if they pass the 56 day limit in sending me a rejection, do they have to cancel the PCN?

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So still no DVD or rejection yet. I have though received correspondence specifically with regards to the camera:

https://imgur.com/a/IFNp4AW

On TFL, under the PCN history it still says "On Hold: SUS26 - Representation Received" dated October 17th 2024. Do I need to do anything more at this point?

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Hi,

Just giving this a bump as I think I am going to have to do 1st reps anyway without the DVD as it has not yet arrived and I'll be away on Monday when my hold expires. How does this sound as a draft? Thanks in advance!



Dear Transport for London (TfL),

Re: PCN xxxxx
Vehicle Registration Mark (VRM): xxxxxxx

I write to formally challenge the above-referenced PCN on the following grounds:

1. The Interpretation Act Reference
The reference to the Interpretation Act in your correspondence is both irrelevant and confusing. The legislation governing bus lane enforcement clearly refers to actions that may be taken by the authority or the appellant from the date of the notice. Introducing unrelated legislation only serves to complicate the matter.

2. Incorrect Use of "May" and Restriction of Discretion
The statement:
"Any written correspondence before the issue of the Enforcement Notice will not be treated as a formal representation."
This fetters discretion and is contrary to the legislation, which uses the term "may" in Section 4(3)(e) of the London Local Authorities Act 1996, rather than implying certainty in the issue of an Enforcement Notice.
Section 4(3)(e) - London Local Authorities Act 1996

3. Denial of Appeal Rights
The statement:
"It will not entitle you to the right of appeal."
This assertion is both legally incorrect and contradicts the principles of natural justice. Moreover, the subsequent statement about consideration of correspondence appears to contradict this initial claim, causing confusion and misrepresentation of my rights.

4. Incorrect Time Period and Automatic Enforcement Notice Issuance
The statement:
"Failure to respond or contact us within 28 days of the service date of this notice will result in the Enforcement Notice automatically being sent to you after this period."
This not only misstates the actual time period but also again restricts discretion. It implies automatic issuance of an Enforcement Notice, contrary to the legislative framework.

5. Request for Video Evidence
I request a copy of the video evidence showing the alleged contravention as soon as possible. Without this, I am unable to properly consider the circumstances or the validity of the alleged contravention.

6. Alleged Contravention Did Not Occur
The embedded photograph within the PCN lacks sufficient proof of the presence of relevant signage either passed by my vehicle or located appropriately at the site of the alleged contravention. Without clear evidence, I dispute the occurrence of the contravention.

7. Camera Certification
I request strict proof that the camera used to record the alleged contravention is certified in compliance with the relevant legislation. If this is not provided, it will constitute further grounds for my appeal.

In light of the points raised above, I respectfully request that the PCN be cancelled.

13
Hi,

Thanks for the advice. Requested the DVD which has not arrived yet. I'm away from the UK for a week though from this coming Wednesday and the 14 days will expire while I'm away. Can I phone TFL early to ask for another hold? Or should I just submit a 1st appeal anyway before I go away?

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I had one of these rejected by Bromley Council at the initial stage last year. I think they just cut and paste . It was only at the second stage (where you are now) that they backed down. I think it was the first time they had looked at it properly. If I were you, I'd also be arguing that this case is vexatious as it was clearly a Sunday outside restricted times and therefore the operative was seeking financial gain rather than enforcing effective parking control measures.

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Thanks a bunch. I'll be on the phone to them on Monday morning. Part of me is tempted just to pay up and avoid the stress. But the other part of me thinks "cheeky barstewards", that's exactly what they want me to do.

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