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Messages - cp8759

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1
Just to wrap this up, WATERPOLO was able to pay the 9 charge to the council and that's the end of the matter.

2
Frame by frame analysis shows the vehicle stopped from 22.040 seconds to 16.560 into the video, which is a total stopping time of 5.48 seconds.

https://www.youtube.com/watch?v=_wWk-fcy_Iw

This is very much at the upper end of what can be considered de-minimis, but if we put the matter to the authority it might cause a failure to consider.

Draft reps:

Dear London Borough of Newham,

I challenge liability on the basis that the alleged contravention did not occur. I have played the footage frame by frame and my vehicle was stationary for less than six seconds, I refer you to the footage at (insert link here) which shows the video being played one frame at a time.

In light of the stopping time proven by this footage, I invite you to cancel the PCN.

Yours faithfully


Don't use the link above, I will PM you a link to put in the representation, we can use the view count to confirm whether they've looked at it or not (obviously do not click on that link yourself as we want the view count to remain at zero). If they don't view it, we can then prove they've failed to consider all of the evidence. If they say in the rejection that they've considered all the evidence, we've got them for lying as well.

3
Thanks Mike - it looks like we may need to pay...unless...CP can weave some magic?
I'm working on it, give me a few hours please.

4
I finally received the Order for Recovery of Unpaid Penalty Charge (TE3) and also attached the Witness Statement (TE9). As it mentioned on the TE3 form I can send the TE9 by email. Am I right thinking I need to email them back with a fulfilled TE9 form?
Please keep things on the thread, I cannot possibly keep track of things via private message.

You need to tick the box to say you made representations and did not receive a notice of rejection. You don't actually need to use the paper form they've sent, you can download form TE9 from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094509/TE9.pdf and fill it in on your computer (the court will accept a typed signature). Remember the "applicant" is Bristol City Council, not you.

When you say "I need to email them back", it depends who you mean by "them" and I infer you mean the council. Do not email anything to the council, you need to send the completed form to tec@justice.gov.uk with the PCN number in the subject line.

Would you like me to represent you at the tribunal?

5
We can ask the VW garage who issued the courtesy car for a letter - if that helps?
Is that a must in order to progress the appeal?
It would massively improve your chances.

6
more details

Location
Cambria Street
PCN - HZ76502049
VRM - LB22RXW
Those don't appear to be correct:



Can you please just post the PCN without redactions?

7
I think we should adopt the strategy outlined here: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/city-of-edinburgh-02-parked-in-a-restricted-street-lochrin-buildings-gilmour-pla/msg7413/#msg7413

If you're happy to go with that, drop me a PM and I'll set up a link you can provide to them (I'll need a copy of the email from her new employer).

Dear deadline to make representations is 10 December so we don't have loads of time.

8
So can they continue to act unlawfully then ? Surely not !
There is no law that says they can't send that letter, not under the 2003 Act at least.

9
That's really odd, the PCN didn't come up last time I looked but now it does.

Assuming you've only made an informal representation, there is no prescribed time limit, but looking on the council website it's back down to 25 so it looks like they've issued a rejection and reoffered the discount:



Here are the photos:


















I suggest you contact the council next week and ask if they can email you a copy of the rejection letter. Also, you've still not told us why you were late back to the car?

A bit more concerning is the fact that you have another PCN at the charge certificate stage, did you know anything about this?


10
You originally posted two PCNs, JK10724773 and JK10725390, you've only posted the representations page of the NTO for JK10725390.

The Southwark website tells me both are at the NTO stage, please post up the first page of both NTOs, please see the instruction here for how to post images.

Here are the council photos:

JK10725390:















JK10724773






















11
The penalty due on the council website is 69, this is a strong indication that they have rejected the representation and reoffered the discount.

I would call up on Monday to see if they can email you a copy of the notice of rejection. If they don't give you any useful information, contact them in writing asking for a copy of the notice of rejection.

12
The penalty due on the council website is 69, this is a strong indication that they have rejected the representation and reoffered the discount.

I would call up on Monday to see if they can email you a copy of the notice of rejection. If they don't give you any useful information, contact them in writing asking for a copy of the notice of rejection.

13
Let us know when you get a response, if you get a notice of rejection addressed to you (and not your employer or the lease company) then it's an easy win as there is no legal basis for the council to demand the penalty from you.

14
Any advice on the next step would be appreciated - I feel that I must be able to contest this based on the tariff board alone.
I agree, I would suggest you wait for the notice to owner and we can take it from there.

15
@Gladallover if the notice of rejection was lost in the post, there is no guarantee this won't happen for the order for recovery as well. If you miss the order for recovery, it can be hard to impossible to get things back on track, so you can't run that risk.

The PCN is sat at 195 at the moment, keep an eye on https://pcnevidence.lewisham.gov.uk/pcnonline/index.php (check at least once a week) and as soon as it goes up to 204, you can download form TE9, fill it in (remember the applicant is the council, not you) and tick the box to say you made representations and never got the notice of rejection. You don't have to print the form off, as the court will accept a typed signature.

Once the form is filled in, email it to tec@justice.gov.uk with the PCN number in the subject line.

When the amount due on the TFL website drops back down to 65, it means TEC has served a revoking order on the council. Let us know when this happens (you'll need to check once every 10 days or so after you've emailed TEC) and we'll help with the next steps.

Any questions please ask.

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