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Messages - Grant Urismo

Pages: [1] 2 3 ... 7
1
There's no offence of "charging into a box on the tail of a bus without being able to see", and even if there was, that's not what the PCN alleges. It was unwise, but not unlawful.

I think the vague location is also a very strong argument, my guess is that an adjudicator who doesn't want to go frame by frame would avoid having to do so by accepting that, but I think a carefully worded SAR could get a written admission from the Council that the car did not stop, which even the harshest adjudicator would find hard to ignore.

2
I agree, stepping through the video frame by frame shows the car did not stop, and when it was going slowly the brake lights were off.

Also, I'd argue the location isn't clear - the video shows a nondescript bit of tarmac captioned "LOC6991" which is no help, and the PCN states "High Street (WD)" which is both vague and meaningless.

If this was my PCN I'd play it dumb and challenge on the grounds that you have no idea what you're supposed to have done, and include a Subject Access Request (SAR) for any evidence that they might have that shows you actually stopped in a box junction (including precise frame numbers) and for the location they believe you were at at that time. Wrap up the challenge by pointing out that any stop was de minimis (not so much because they might accept it, more that if you sneak it in to something that gets handed off to the SAR team, they might well hand you a win by failing to consider). If nothing else this will cause them a bit of work and make someone actually look closely at the video.

I recommend you post a draft of what you intend to send to them here, so we can polish it up if needed.

3
I disagree, anything less than 5 seconds could be argued to be de minimis, the video shows that if the OP's car did stop it certainly stopped for less than a second.

4
Streetview proves it was there on the day the streetview car drove past, the council needs to prove it was there on the day you drove past.

5
Agreed - we have no idea what's happened here, you can see the PCN but we can't!

Also, take a screenshot of the website showing £0 to pay, it costs nothing and might just be a 'get out of jail free' card later.

6
Sadly, I can't see any way of fighting this that stands a realistic chance of winning, and you're in a 'double or quits' situation where it's going to cost you £130 if you appeal and lose.

I'd pay at the discount rate and make sure not to do it again if I were you.

7
... SEND ME A DOCUMENT TO HAVE THESE FINES REVIEWED IN COURT!

As many others have told you, the courts are not involved in this process. There is no magic document that will change this well established process that everyone has to go through.

We are trying to help you, and it seems you may have a good point, but you need to follow the proper legal process, and we can't help you do that without seeing exactly where you are in the process. If all you do is keep shouting about courts, the inevitable end of the process is Bailiffs arriving at your house and taking away goods to cover ever increasing fines.

Please help us to help you, by posting the documents we need to see.

8
"So you need to post all pages of the PCN so we can check it for fatal errors."

i posted the pages except for last one that had effectively nothing on it. do the not show up
thanx

I can see page 1 three time and page 2 once, but there's no sign of pages 3 and 4. Please post both the missing pages (even if you think they have 'effectively nothing' on them!) so we can check all the statutory information is present. You'd be surprised how many cases are won on a technicality because something the law requires is missing from the PCN.

9
Is there any chance at all that the council can now take further legal action, or is the matter definitely settled?

Thanks!

Technically yes they can, but it's statistically about as likely to happen to you as a lottery win. Councils (and recipients of PCNs) can go to court, but they would be risking £000s in legal fees and have little chance of success. It only tends to happen when there's a big point of principle at stake that would affect hundreds of PCNs, such as the legality of wording used by a council on the back of all their PCNs, the lack of camera authorisations for all bus lanes, and so on.

If you let us see the decision, or give us the case number we can tell you if it's likely to be one of those... but it's almost definitely not.

10
Unfortunately not. If you scroll up from 6, you'll see that4, 5 and 6 are all parts of chapter 2, which applies...

"...where a person—

(a)is served with a notice to owner, or

(b)is served with a regulation 10 penalty charge notice and the penalty charge to which it relates has not been paid."

To find the definition of a "regulation 10 penalty charge notice", you need to go to regulation 10 here: https://www.legislation.gov.uk/uksi/2022/71 where you'll find a cryptic phrase saying the regulation only applies to moving traffic conventions if they are "OGL moving traffic contraventions". If you then go up to the definitions you'll learn that OGL means "Outside Greater London". As Havering is part of Greater London, your PCN is under a different set of regulations.

11
Only the people at the council know how busy they are. There's no imminent statutory deadline, so you just have to wait.
er, no it's 6 months

...which isn't imminent, so the OP just has to wait.

12
Perhaps a speculative appeal for costs might be in order? I'm thinking along the lines of 'I know that doing this once probably isn't 'frivolous and vexatious', but could the adjudicator perhaps provide guidance to the Council on how many times they can repeat this pattern of making unlawful demands for money before facing any consequences?'.

13
Hi

does anyone know how long it takes to issue the NTO?

Only the people at the council know how busy they are. There's no imminent statutory deadline, so you just have to wait.

14
Take a screenshot of that message, it might prove useful later.

15
DO NOT PAY THIS!

As stated by other posters, they have messed this up badly, if you follow the process then you'll have nothing to pay and a decent change of getting an apology and compensation for time wasted.

Others will be along to advise you on what to do to get this infront of someone who understands how badly they have messed up... but paying is definitely not the right move, you'd lose your chance to appeal as well as being out of pocket!

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