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Messages - fergal

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Civil penalty charge notices (Councils, TFL and so on) / Re: Barking & Dagenham, 50R (no right turn), Althorne Way, Dagenham
« on: November 25, 2024, 04:50:06 pm »
So I got a response from the council today for one of the PCNs I challenged. They said they would cancel that one as a good will gesture, which is good news but also a bit confusing as they rejected two other PCN challenges with the exact same reps?

My reps for these were pretty much the same as the one a posted above, this is what is was exactly:

'I made the same mistake multiple times before I received the first PCN notice on the 8th November, BZ81131548. I fully accept fault and have paid the first PCN but I feel that having to pay each subsequent PCN before I was aware of the contravention is not fair. The PCNs were not issued in a timely manner, my first violation was on the 25th October and I only received the first PCN on the 8th November. I have received 5 PCNs in total at this time and I would find it extremely difficult to pay all of these. I would be very grateful if you could consider exempting any other PCNs preceding the 8th November for the same violation.'

They mention in the response that they have decided to cancel the PCN on goodwill gesture only. They have only cancelled one PCN, I still have other PCNs that they have rejected which were challenged with the same reps.
As I'm about to go out of the 14-day reduced rate period, I'm hoping someone can advise if they think i am likely to win the case if i go to tribunals?
thanks

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Civil penalty charge notices (Councils, TFL and so on) / Re: Barking & Dagenham, 50R (no right turn), Althorne Way, Dagenham
« on: November 20, 2024, 07:07:42 pm »
Thank you, I have adjusted the reps as you advised and I've submitted the challenge. Will post an update once they respond.

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Civil penalty charge notices (Councils, TFL and so on) / Re: Barking & Dagenham, 50R (no right turn), Althorne Way, Dagenham
« on: November 19, 2024, 05:45:09 pm »
I'm about to post the above for my representation, would anyone be able to do a quick review and advise thanks!

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Civil penalty charge notices (Councils, TFL and so on) / Re: Barking & Dagenham, 50R (no right turn), Althorne Way, Dagenham
« on: November 18, 2024, 02:56:43 pm »
Thank you all for your replies, I'm really grateful for all the advice. I am drafting my reps for my final PCN which I will submit again for all the other previous PCNs.

"I am writing to appeal the following PCNs: BZ81137500, BZ81153121, BZ81158726, BZ8117402A and BZ8116691A.

I have received a total of six PCNs for the same contravention: 50R Performing a prohibited turn (no right turn) at the same location, Althorne Way, Dagenham. The contraventions occurred between October 25 and November 7, 2024. Below are the details:

PCN no.: BZ81131548; Date of notice: 06/11/2024; Date of contravention: 25/10/2024
PCN no.: BZ81137500; Date of notice: 08/11/2024; Date of contravention: 26/10/2024
PCN no.: BZ81153121; Date of notice: 11/11/2024; Date of contravention: 31/10/2024
PCN no.: BZ81158726; Date of notice: 13/11/2024; Date of contravention: 01/11/2024
PCN no.: BZ8117402A; Date of notice: 15/11/2024; Date of contravention: 07/11/2024
PCN no.: BZ8116691A; Date of notice: 16/11/2024; Date of contravention: 08/11/2024

I fully accept responsibility for the first PCN (BZ81131548) and have already paid it. However, I am challenging the subsequent PCNs (BZ81137500, BZ81153121, BZ81158726, BZ8117402A and BZ8116691A) on the following grounds:

Misleading Signage: The 'No right turn' sign includes a small text that is misleading. I interpreted this text to indicate a restriction during specific peak hours (e.g., 8am-10am). Since I was driving outside these hours, I believed the restriction did not apply. Additionally, I thought the restriction applied to Wood Lane rather than Althorne Way, indicating a right turn from Wood Lane at its junction with Althorne Way.

Delayed Notification: The first PCN (BZ81131548) was not delivered in a timely manner. It arrived on November 8, 14 days after the contravention. Had I received this PCN sooner, I would have been aware of the contravention and would not have repeated the same mistake multiple times within this period.

Disproportionate Penalty: Given that I was unaware of the initial contravention until the first PCN arrived, I consider the enforcement of each subsequent PCN to be a disproportionate penalty.

In light of these points, I kindly request that the PCNs BZ81137500, BZ81153121, BZ81158726, BZ8117402A and BZ8116691A be reviewed and cancelled.

Thank you for your consideration."

Please let me know if I should add/remove anything from the above.

Thanks again


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Civil penalty charge notices (Councils, TFL and so on) / Re: Barking & Dagenham, 50R (no right turn), Althorne Way, Dagenham
« on: November 18, 2024, 09:44:01 am »
Ok yes it is a pitty I didn't come on here sooner, unfortunately I called up the council and they advised I challenge all immediately and copy and paste my appeal for each one.

I have just checked and I have not challenged my last PCN so I would be very grateful for any help with representation on that please.

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Civil penalty charge notices (Councils, TFL and so on) / Re: Barking & Dagenham, 50R (no right turn), Althorne Way, Dagenham
« on: November 17, 2024, 08:06:35 pm »
Hi,

Thank you so much for your response. I can confirm that the final PCN was issued on 15th November but all contraventions occurred between 25th October to 8th November. I have already paid my first PCN but haven't paid any other yet as they are still within the 14 day period of the discounted rate.

I have not submitted a representation against these PCNs. I have only submitted challenges via the council website. Please let me know where can I submit the Reps? Is it the same as the London Tribunal (ETA) website? What are the differences between representations, adjudicators and London Tribunal?

I have looked at submitting an appeal on the London Tribunal website already, however they stated there are only 5 acceptable reasons to appeal. None of which cover my circumstance and I'm worried about losing the appeals and will need to pay double.

Many thanks!




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Civil penalty charge notices (Councils, TFL and so on) / Barking & Dagenham, 50R (no right turn), Althorne Way, Dagenham
« on: November 17, 2024, 06:55:07 pm »
Hi,

I have received 6 PCNs for performing a no right turn on 6 separate days from the period 25th Oct to 8th Nov at Althorne Way, Dagenham. I received the first PCN on the 8th Oct and paid it. I accept full fault as there is a clear signage on the road. I thought the no right turn was prohibited from 8am-10am as there was a small text sign below the 'No right turn' symbol. However it was not the case, it is always prohibited and I only realized it when I receive the first Penalty charge notice.

I submitted the appeal for other PCNs claiming they were not delivered in a timely manner. I received the first one 14 days after the occurrence. All appeals got rejected stating that the signage was clear, road marking was clear, and they have CCTV footage of my car performing the contravention.

Each PCN is £65 at the reduced rate and £130 at full. It is financially challenging for me to pay each PCN even at the reduced rate within this short period of time.

The next step would be appeal to the ETA and I will lose the discount rate if they also decline the appeal cases. Please can I have some advice on this? 

This is a link to my PCN and the appeal rejection:
https://imgur.com/a/RQ3USmO ,
https://imgur.com/a/RbmASBM


Thank you.

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