Free Traffic Legal Advice

Please post a GSV link to the location, and a copy of the video.
Please also give us the PCN number and Reg Mark - see
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

Quote from: MrChips on Yesterday at 11:30:43 am

56 day limit doesn't apply to box junction PCNs.

Is there *no* limit, though?  I mean, if Havering were to go quiet and then get back to me in 10 years time, would that be OK in terms of the rules they presumably have to work to - even re box junction PCNs?

I think most adjudicators would regard over 3 months as unreasonable, almost all anything over six months.

The legal definition of reasonableness (and unreasonableness) is one of those elastic and somewhat subjective terma available to adjudicators: see
https://en.wikipedia.org/wiki/Associated_Provincial_Picture_Houses_Ltd_v_Wednesbury_Corporation

Another you are likely to meet is substantial compliance.



 

I by chance stumbled across this from
https://www.havering.gov.uk/downloads/file/96/policy-for-enforcing-or-cancelling-a-pcn

MC47 – Where the motorist enters a School Street Zone
MAY ACCEPT REPRESENTATIONS
 Where the motorists holds a valid School Streets Access
Permit
 Where the School required a motorist without a permit to
attend the School during the restricted hours (Letter from
School required to support this).
 Is an Emergency Service or Public Service Vehicle.
 Has a valid Health & Homecare Permit
 Hackney Carriage, School Transport Vehicle, Dial a Ride
and other specialist transport services.
 Marked Delivery vans eg Royal Mail, UPS, DPD.
MAY REJECT REPRESENTATIONS
 In all other circumstances

N.B. This is from the L.B. of Havering. Try as I might, I cannot find a similar policy document for the L.B. of Barking & Dagenham, but they should have one.

It might be worth making a passing reference to this in any reps.

. I then replied to both with one letter.

As you can see on the rejections, the wording makes it sounds like a letter has to be sent and therefore we don't have a copy of what we sent to them.

It is a pity you did not get a free certificate of posting when you bought the stamps. However . . .

Is the Council timeline for the other PCN identical? please post it.

Would your computer somewhere have a draft of the letter you wrote  ands posted on 23rd Jan?

If not, please try and reconstruct it to the best of your memory.

It looks as if the Council received/issued something on 5th Feb - anymore thoughts on this?

The council have said they do not have to consider my formal reps because it wasn't made against the correct PCN.

Is this correct?

Please to have a read of
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

and as a start please
post up a copy of what they wrote,
and give us a time line for the PCNs..

You say "Formal Reps" - were these against a moving traffic PCN or an NtO (Notice to Owner)?

This topic has been moved to Private Parking.

https://www.ftla.uk/index.php?topic=5587.0

This topic has been moved to Private Parking.

https://www.ftla.uk/index.php?topic=5579.0

@habibm

I have become aware of your PM (which I have taken the liberty of copying below) but I suspect too late to give advice for today. All I can suggest is that
1) You ask the school to hold on to the pupil until the School Zone restriction ends.(What time is this - you haven't said so far.)
 OR
2)  ask the school to drive him to meet you at the edge of the zone.
In any case, you need to have an urgent meeting with the head at the school to discuss a way forward..
and possibly your owb local ward councillor(s).

Have you had rejections of all your reps for each PCN so far?

-------

To our experts,

I received the following plea as a PM today, and confess to being somewhat out of my depth in responding to a no doubt unforeseen consequence of introducing a school zone. Is this emergency action by the OP covered by any sort of exemption or is it just mitigation?

Can anyone give further advice, please.

2:51pm I am really desperate. The school have just called me again to come and pick my son because he is dysregulated. The pedestrian zone restriction time has started. What do I do? I can’t park too far away.
Am scared of getting another ticket as I won’t be able to afford them. Do I stand any chance of winning an appeal on my PCN?

Thank you