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Messages - Neil B

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1
It would be foolish to not at least make representations to the council on the matters raised.
They often mess up their response, potentially giving you further angles.

2
In conclusion, the safest and most cost-effective option is to file the PE2 and PE3 promptly.
But only the drebtor can do so, i.e. your company and signed appropriately by you as an officer of that company.

3
This ia large box and given the exit space in two lanes you had reasonable expectation of clearing and only had rear wheels in box.
This refers to the ignorant points made on FB. There is NO law saying your exit has to be clear but if we accept it anyway you certainly had reasonable expectation od clearing the box.
How were you to know that divers of at least two vehicles in the inside lane would move to a bus ride from the kerb (as is a frequent London trait.)

4
Thanks very much for all your replies so far, very useful.

A local FB page has said that previous appeals have been dismissed so wondering if I swallow it up.
All local FB pages will tell you that their respective councils are the worst.
They also use the term'appeal' generically and rarely explain what they mean.

Appeals can only be made to London Tribunals.

Representations to the council must first be rejected before you can do that and it's true that they likely will be.

Most often FB posters are talking about representations to councils.

To explain Mr Chips' point >
You only commit a contravention when ypu stop in the box and that stop is due to the presence of stationary vehicles.

So you need to weigh up whether you could have moved forward a bit and if an adjudicator would agree with you?

5
It's not a London PCN. It's very obviously Brighton or maybe Birmingham at a push.

6
We're seeing an increasing number of people who have just ignored process.
Ulez didn't accept it
At which point you had the option to go to London Tribunals so why didn't you?

We NEED to SEE paperwork before we can advise further.

7
At this point it is important that you respond to recent posts made by members.

And ask any questions you may have, to aid your understanding.

8
And here's the clue >
  • The letter posted as a picture. All that was included in this was a statutory declaration form. I did not send this back. There was no form to submit a witness statement, I have no received such a form
The OP pushed themself Out OF TIme by not completing the initial Stat Dec.

And bnorth, you need to understand what we mean by out of time; this has now vecome purely procedural because you failed to complete a step because you were expecting a different form.

Could you give me more information on that process? Will I get the opportunity to submit my evidence again to TFL and request a refund of the fine amount?

You do not currently have any way of challenging the pcn itself; you first need to get it back to that stage, as members are explaining.

9
What I'm not sure about is which form should be used. As ULEZ is a road user charging scheme I would expect that Form TE9 is needed, plus Form TE7 because the OP would be submitting out-of-time.
[/quote]
Pretty sure it's PE forms.

10
I'll help you prepare the appeal but hopefully someone will offer to represent you.
Current thinking is that you only need to register an appeal (do it online as it helps you keep track of it) Always ask for a peronal hearing, NOT a postal decision.
Just say 'I rely on my formal representations and any other matters that may arise'.
Then we just sit back and wait to see if they contest. If they do their case summary normally provides some extra ammunition.
If they contest and you don't feel prepared you can always ask for a postponement.

It's very unlikely I'll be available as I have imminent major surgery coming up.
You might message cp8759 or Mr Mustard to see if either have space to help.

11
what they mean by 'important information about the case cannot be retrieved' looks like nonsense.
We've seen it before, recently, for another case they couldn't possibly win.

It raises questions that indeed should be asked.

I've just seen it again, in a thread by 'never paying', first page on here.

12
@traz you must call London Tribunals on Monday on 020 7520 7200 and find out if the case has been set up and if so, whether it has been listed for  a hearing or a postal decision (or possibly whether it's still in the Proper Officer's queue to look at).

This sounds like a straightforward case but it would be easy to snatch defeat from the jaws of victory, so I'm going to drop you a PM in case you'd like me to represent you.

Also, and this is crucially important: give the tribunal your email address and ask them to change the communications preference to email, also if the tribunal has sent you any correspondence by post ask them to re-send it by email.
And perhaps you could give him a reminder to repond to members when we ask questions?

13
I'll try this one more time >>>
It would help if we at least had the PCN number and registration so we could confirm your current position.

And, from nthe evidence pack, is there a case summary you can show us?

14
Thank you all so much for your help, I will make the representation today and fingers crossed I will avoid court and waste time.
As per your advice will make separate representations.
All the best!
The tribunal, if we have to go that far, is NOT a court and certainly not something to be feared.

If you get rejections then just make sure to show them here before taking any action. If anyone here offers to represent you they may prefer to register the case(s) at tribunal themselves.

15
John has correctly identified you deadline for reps for the removed vehicle, 11th Feb, so we have the weekend to play with.

I've not read back to see the date of the other one with an NtO

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