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Messages - CityChic

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1
Thank you once again Hippocrates! You're really giving them a run for their money

2
Thank you Hippocrates for representing me and winning this case at the London Tribunals. You're a star!

3
There is some hope after all!

I have taken a screen shot. 

Why would the charge increase to £195 after 21 days?  Surely it should be 28 days if the NoR is dated 18 Nov?

I will be in touch with Hippocrates.  Here we go again!

4
So, I've received a Notice of Rejection.  They haven't addressed any of the issues stated.  They have given me another 14 days to pay the reduced rate.  I'm really not fond of the London Tribunals so wondering if this is at all winnable? I really don't have £130 to burn right now.

I saw a 53J in Lewisham was recently won (congratulations Hippocrates!) because of poor signage and a confusing road layout. But I'm not sure this one fits that mold. In addition to the other points made in the representation, the only thing I can note regarding the signage is that the one warning sign prior to the restriction is on the right hand side of the road. As the road is wide it's not obvious to look to the right for signage.  The sign is intended for those approaching the restriction so I'm not sure why it's not on the left. 

Bellingham Road is also a main B-road so to stop dead in your tracks on a 'main' road and divert does not come naturally. One side street takes you back on yourself and the other down a no through road. 

This one seems like a money maker for the council but not sure if I stand a chance.  I've also noticed the other threads on this location have gone quiet.

Representation:

"Dear Lewisham

I make these formal representations:

1. The video footage is of little evidential value since it is impossible to read the signage allegedly passed.

2. I make a collateral challenge as a moving traffic PCN cannot possible act as a notice to owner.

3. I make a further collateral challenge because the attached screenshot does not state the statutory times in which to pay.

In light of the above

Please cancel"

Notice of Rejection



5
So, The London Tribunals said they have sent a letter in the post on 7th November asking me to submit my original representations. It will also have instructions on how to book a personal hearing.

I will contact Hippocrates as soon as I receive it. Thank you.

6
Quote
I would phone the Tribunal with the PCN details. Ask for a personal hearing and I am happy to represent you. - Hippocrates

I would take up @Hippocrates on his kind offer - you will be in good hands.

I appreciate the help immensely!  I had a profile on the old forum so I'm familiar with the hard work and tenacity you all provide day in day out, year in year out. It's truly admirable.


7
They have included the Notice of Rejection in their evidence pack




8
I will phone them [Tribunal] tomorrow and will be in touch?

And ask, has the Adjudicator issued any directions in this case. If not, when might you expect to hear from the Tribunal formally in this matter?

Where is TEC's Revoking Order, you've not posted it.


As I posted, the duty on TfL is to refer the matter to the adjudicator whom the regs empower to issue directions, in practical terms without limit.
IMO, TfL's comments are improper and in the context of your submission to TEC irrelevant. The only notice at issue is the NOR. It is common ground between you and them that you received the PCN and EN, therefore banging on about all notices being posted is irrelevant. (whether these comments might have been stimulated by any back story between you and TfL we don't know).

Yes, I will phone the London Tribunal tomorrow and ask what you've instructed above.

I've attached the Revoking Order (I think this is the right document)

No, there is no back story regarding the missing NoR. There has been no communication between them and I regarding missing documents.  I simply filed the Statutory Declaration upon receiving the Order for Recovery. I just ticked the box that the NoR was not received.




9
I would phone the Tribunal with the PCN details. Ask for a personal hearing and I am happy to represent you.

That is hugely kind of you. I will phone them tomorrow and will be in touch.

They also sent the CCTV evidence on a DVD, which I'm not sure where to upload or can I email/send it to you personally?

10
Quote
In this huge Evidence Pack is there some sort of letter/summary where they explain what they want the Tribunal to do and why they believe the Adjudicator should do it? Wish to proceed with its enforcement is hardly adequate to describe this precisely.

They have included a witness statement where they say:

"We would oppose this application and request that the Adjudicator refuse the application. We would rely upon the following grounds:

a) All notices have been sent by first class post...
b) They sent a NoR on 20/05/2024...
c) Royal Mail has not indicated any problems with mail delivery..."

Basically, it seems they don't believe I didn't receive the NoR




11
So, in addition to dealing with my other PCN from Lewisham (These things always seem to come in twos!) I have been dealing with a TfL PCN since January 2024 which now has me confused as to what to do next.

I received the PCN for the contravention dated 15 January for 'being in a bus lane' A21 Lewisham HST NE-BND Ladywell Rd Writburn Rd at 15:58

They have Whitburn Road spelled incorrectly but I don't know if this matters.

I responded with my informal representation (31/01/2024) that I was trying to access a loading bay within the bus lane but abandoned my decision when I realised I only had 2 minutes left to park. The bay time finished at 4pm.  I had received a similar PCN in the past trying to access a loading bay within a bus lane which TfL promptly cancelled upon my informal representation, so I didn't think this one would drag out for almost a year.

They sent a rejection letter dated 16/02/2024.

I then rceieved the Enforcement Notice dated 15/04/2024.

I made my formal representation (07/05/2024) stating that the bay sign superseeded the bus lane sign whilst the bay was in operation and didn't contravene the bus lane order.

I was expecting a Notice of Acceptance or a Notice of Rejection but received neither.

I received a Charge Certificate dated 16/07/2024

I waited for the Order for Recovery and got it signed and posted (27/08/2024) at Bromley County Court (The second time this year!) stating I hadn't received the Notice of Rejection.

I was now for the second time awaiting the Notice of Rejection. Instead I received (07/11/2024) a huge evidence pack from TfL stating they have submitted the case to an adjudicator at the London Tribunals.

Surely they should have reverted the case back to the Notice of Rejection which should have contained a Notice of Appeal, giving me the opportunity to either pay or appeal?

It now says they are unable to deal with any queries about the case until a decision is made and that I should contact the London Tribunals for any information.

I want to seek help before contacting the London Tribunals to avoid any further problems.

PCN




Informal rejection



Enforcement Notice


Charge Certificate


Order for Recovery


Evidence Pack letter


Location
https://maps.app.goo.gl/PRPoQryXGVJEvLq78

12
Thank you. I finally managed to get it submitted.  I will update with the response.

13
I really don't mean to be obtuse but I'm stuck on what to select here. I can't submit without choosing an option. Or should I post my representation?



14
Thank you! I was just about to submit after choosing 'The contravention did not occur' but then on the next page they've presented something I've not seen before:

Please provide more information.
Select a reason from the list below and provide details in the textbox. Please upload any photos or documents that you have to support your case
At the time I am supposed to have been in contravention, I was loading and unloading
The restriction that I am supposed to have ignored was not signed
At the time I am supposed to have been in contravention, the restriction did not apply
At the time I am supposed to have been in contravention, I was elsewhere
I was instructed by a police officer to do this
Officer shoulder number
You must select a reason off the list above


I'm forced to choose from the above.

The full set of options for making resprentations are:

The contravention did not occur
I was not the owner of the vehicle at the time the contravention occurred
The vehicle had been taken without the keepers consent (i.e. it was stolen)
We are a hire firm and will provide details of the hirer
The PCN exceeded the amount applicable
The PCN has been paid
I wish to make representations about this PCN for other reasons


I'm stumped!

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