Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - Londoner

Pages: [1] 2 3 ... 5
1
Appeal was allowed! Thank you all for your help on here!


2
It will almost certainly just be you and the adjudicator, it's really rare for anyone from the Council to turn up, doubly so since the adjudicator is likely to ask them some embarrassing questions about the irrelevant 50cm nonsense.

Don't expect the adjudicator to want to hear everything you have to say, they are quite likely to stop the proceedings once they decide you have a winning argument.

I think the quickest route would be to start by asking the Adjudicator if the council are allowed to change their mind about which offence they issued the PCN for. The answer to this is of course, no.

If the adjudicator wants to discuss you being more than 50cm from the edge of the carriageway, don't panic, you're actually in a situation where you could admit you did that and not be in in any danger, because there's a time limit on making accusations and it's too late for the Council (or the adjudicator) to go there. The line to take is that you would have considered your options if you were issued a PCN for that, but that's not what happened. You're here to dispute the PCN you did receive, not a theoretical one that the Council might have issued but can't now as it's too late.

If that approach doesn't win the case for you, move on to asking the adjudicator if the Council are required to consider your representations, and if so, does a whole load of waffle about 50cm prove that they did so. The answer to these questions are going to be "yes" and "no".

In the unlikely event that the adjudicator has still not ruled in your favour at this point, move on to your intitial point about this not being signposted as a red route, and ask if the Council are allowed to withhold evidence about this until the Evidence Pack stage, despite you asking for it at the first opportunity.

Thank you very much for your reply and clear guidance! Really appreciated!

3
Hearing is tomorrow. I've never done this before. What can I expect, and any tips to help me win this?

5
I've just received the evidence pack from tfl, and they are strenuously defending this case.

Before I go ahead and post their case summary on here, I'm just checking this is allowed and I'm not doing anything wrong?

6
It has now been 62 days since the formal reps were sent and still no response from Barnet. Does the 56 day time limit apply in this case or is that only for parking PCNs, as I've been advised by AI?

7
The LLA & TfL Act 2003 is flawed and has stumped quite a few councils because of this flaw. The Act allows 28 days from date of notice to pay-up, or 28 days from date of service of notice, to submit representations (appeal). So if you submit reps on Day 29 from date of notice, you are overdue paying, yet still in time for submitting reps !! Stupid isn't it.

So does that mean I have a compelling argument?

8
Hi all,

Doing this to help a friend out. See below PCN.

Aside the fact that they entered the YBJ only once the car in front had cleared it and suddenly stopped, causing them to stop in the box, I'm thinking of appealing based on the wording of the PCN (having found out about this from researching on here)
One succesful appeal from 2 weeks ago, I believe represented by @Hippocrates, is case 2250426286.

Am I right in saying that this PCN contains the same confusing/conflicting wording re. "date of notice" vs "date served"  and that this would be strong grounds for appeal? (Considering Barnet will most likely reject and it will go to tribunal)





9
Hearing date set for February 25th.

10
The Flame Pit / Do MET Police Act on Dashcam Footage?
« on: October 19, 2025, 07:33:33 pm »
I've recently noticed an increase in aggressive/dangerous driving in my neighborhood. The other day I witnessed an impatient driver carry out a dangerous manoeuvre at a junction which I captured on my dashcam.

My question is how likely are the police to act on such footage. Am I wasting my time or do they take these things seriously. I usually wouldn't bother, but this is becoming an increasing problem in my area and something has to change.

11
'We issued your PCN because your vehicle was ...........'

Whereas the actual PCN states...............!

Oh now I get it! (Thank you!!) I thought it was odd they mentioned this 50cm nonsense but I'd initially dismissed it, assuming it was just their way of referring to the fact I wasn't parked in the adjacent bay.

So do I appeal based on this reason alone, or should I still mention the other reasons?

(I assume the reason for appeal would now be "contravention did not occur"?)

12
Read the NOR.

I have read it and re-read it.

I don't mean to be ignorant but I'm still no more enlightened than before. My questions remain.

13
I've submitted formal reps to TfL....

..where are they?

S76(3). Who advised including this?

Anyway, you're home and dry.

Read the NOR. Don't read what you think it says, read what it actually says.
This was my reps
Quote
I challenge liability on the ground that the alleged contravention did not occur. I also do not accept that the CEO had started to prepare the PCN before the vehicle was driven away from the location where it was seen. Furthermore, the authority is in breach of section 76(3) of the Traffic Management Act 2004, that is a procedural impropriety which means the penalty charge must be cancelled in any event.

Yours faithfully,

S76(3) - advised via PM by a forum member.

By "home and dry" do you mean I'm on the right track? I'm sorry, I'm new to this, have done a lot of reading up, to try minimise the burden of the kind forum members on here.


14
I intend to appeal to London Tribunal with the following reasons:

A. The owed amount in the NoR; whether it is discounted or not, is confusing - similar to the succesfull appeals in cases 2220767288, 2230535074, and 2240018512.
Based on what I've read in case 2230535074 I am a bit onfused and unsure whether this argument is still relevant, and would really appreciate some guidance on this.

B. In their NoR TfL failed to consider my representations and only repeated their allegations against me.

C. TfL were in breach of section 76(3) of the Traffic Management Act 2004 - namely that the PCN was issued by a PCSO in Met Police uniform and not in TfL uniform as required.
My quetion is do I have to prove this with evidence (I have dashcam footage) and if so how do I include this in my appeal, being as I'm having to submit it by post?

I am relatively new to this and have never before submitted an appeal to London Tribunal, so would really appreciate any guidance/advice offered.

Pages: [1] 2 3 ... 5