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Civil penalty charge notices (Councils, TFL and so on) / Re: PPA ZONE but no signs at bays
« on: January 12, 2025, 04:56:09 pm »
@Miffed the council always rejects everything, that's not really the point. Once you appeal to the tribunal it's no longer up to them, and the odds are in your favour: probably a third of appeals are not resisted by authorities, a third are won and a third are lost, so you have a 2 in 3 chance of a positive outcome even if you didn't have any assistance from anyone.
On top of that, motorists who are represented by one of us regularly win in 90%+ of cases. If the Notice of Rejection turns out to be procedurally defective, you could have a winning appeal no matter what the signage situation is.
So frankly it would be a bit silly to give in and pay now.
On top of that, motorists who are represented by one of us regularly win in 90%+ of cases. If the Notice of Rejection turns out to be procedurally defective, you could have a winning appeal no matter what the signage situation is.
So frankly it would be a bit silly to give in and pay now.
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Civil penalty charge notices (Councils, TFL and so on) / Re: Newham, code 52m failing to comply with a prohibition on certain type of vehicles, Royal Albert Way E16 & Gallions R
« on: January 11, 2025, 03:24:03 pm »I think we can't really do anything until the 30 January deadline has expired.QuotePN76007402: You say that you made representations both online and by post, do you have a screenshot of the confirmation page or an acknowledgment email confirming that you made representations?They said they would get back to me by 30th of January but nothing since.
Yes. It is possible that they might cancel it at the complaint stage if they realise their case is hopeless, but if they want to carry on then they will have to issue new PCNs to you once the previous ones are cancelled by TEC, if that happens you will have to make a representation based on the delay and then if the council rejects, you'll have to appeal to the tribunal.QuotePN62628875, PN62645400 & PN62647643: for these you really have nothing at all to worry about as the council is guilty of a gross delay in progressing the case, have a read of Paul Richard Davis v The Royal Borough of Kensington and Chelsea (1970198981, 30 March 1998)Understood, so I should complain to the council to have this registered with TEC. Once this is done I can appeal. Only way to really get this closed?
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Civil penalty charge notices (Councils, TFL and so on) / Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
« on: January 11, 2025, 02:48:18 pm »
@opshelper well the rejection is a pile of drivel and they can't really escape the fact that the time alleged on the PCN is wrong. I'd be happy to represent you at the tribunal so I'll send you a PM about that.
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Civil penalty charge notices (Councils, TFL and so on) / Re: Newham, code 52m failing to comply with a prohibition on certain type of vehicles, Royal Albert Way E16 & Gallions R
« on: January 11, 2025, 02:45:26 pm »
So let me summarise where I think we are:
PN76007402: You say that you made representations both online and by post, do you have a screenshot of the confirmation page or an acknowledgment email confirming that you made representations?
Also I note you made a Subject Access Request for this PCN, correct me if I'm wrong but this is still outstanding so for all we know, it might be that the council did receive your representation and it's the Notice of Rejection that got lost in the post?
PN62628875, PN62645400 & PN62647643: for these you really have nothing at all to worry about as the council is guilty of a gross delay in progressing the case, have a read of Paul Richard Davis v The Royal Borough of Kensington and Chelsea (1970198981, 30 March 1998)
That decision has stook the test of time and adjudicator who made that decision went on to become a High Court Judge, then a judge of the Court of Appeal, and is currently the President of Welsh Tribunals, so he knows a thing or two.
Normally a delay of over 3 / 4 months is a bar to enforcement, in this case the delay is several years so there's no real doubt about what the outcome would be.
PN76007402: You say that you made representations both online and by post, do you have a screenshot of the confirmation page or an acknowledgment email confirming that you made representations?
Also I note you made a Subject Access Request for this PCN, correct me if I'm wrong but this is still outstanding so for all we know, it might be that the council did receive your representation and it's the Notice of Rejection that got lost in the post?
PN62628875, PN62645400 & PN62647643: for these you really have nothing at all to worry about as the council is guilty of a gross delay in progressing the case, have a read of Paul Richard Davis v The Royal Borough of Kensington and Chelsea (1970198981, 30 March 1998)
That decision has stook the test of time and adjudicator who made that decision went on to become a High Court Judge, then a judge of the Court of Appeal, and is currently the President of Welsh Tribunals, so he knows a thing or two.
Normally a delay of over 3 / 4 months is a bar to enforcement, in this case the delay is several years so there's no real doubt about what the outcome would be.
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Civil penalty charge notices (Councils, TFL and so on) / Re: TFL, code 46 Stopped where prohibited, Commerical Street by Spitalfields Market
« on: January 10, 2025, 05:29:29 pm »
Oh dear, this is all going very far off track, the proposed grounds of appeal are wrong and hopeless because the traffic order does not create any designated parking place, so an appeal on the grounds suggested will fall flat on its face.
ChatGPT is very good at producing absolute drivel, this is the second AI generated rep I've seent today and it's just as misguided as the first.
That being said the discount will be reoffered if an appeal is notified to TFL before the end of the discount period, and there is an arguable issue with the Notice of Rejection.
@Crimsmoke I'm going to drop you a PM in case you'd like me to represent you.
ChatGPT is very good at producing absolute drivel, this is the second AI generated rep I've seent today and it's just as misguided as the first.
That being said the discount will be reoffered if an appeal is notified to TFL before the end of the discount period, and there is an arguable issue with the Notice of Rejection.
@Crimsmoke I'm going to drop you a PM in case you'd like me to represent you.
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Civil penalty charge notices (Councils, TFL and so on) / Re: TFL Bus Lane PCN, East India Dock Road E14 Eastbound from Brunswick Rd
« on: January 10, 2025, 05:24:55 pm »
@sammiefields2512 as per the guidance here, please re-post the PCN with only your name and address redacted.
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The Flame Pit / Re: Put your car in a car park if you go away
« on: January 10, 2025, 04:37:11 pm »
This is a clear case of an appeal that was not argued properly. I'm pretty sure any of the three musketeers could have mopped the floor with this.
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Civil penalty charge notices (Councils, TFL and so on) / Re: *NTO* Hampshire, Code 16, parked in residents permit bay, Clockhouse Road, Farnborough
« on: January 10, 2025, 04:17:38 pm »40
Civil penalty charge notices (Councils, TFL and so on) / Re: BARNET - PCN - 50L PERFORMING A PROHIBITED TURN (NO LEFT TURN) - TILLING RD JUNCTION BRENTFIELD GARDENS (NW2)
« on: January 10, 2025, 04:12:09 pm »
@j41sal I'm yet to lose an appeal at this location. Put in a representation via the council website as follows:
Take a date & timestamped screenshot of the confirmation page and let us know when you get the rejection.
Dear London Borough of Barnet,
There was no contravention of a prescribed order, and the penalty demanded on the PCN exceeds the amount due in the circumstances of the case.
Yours faithfully,
There was no contravention of a prescribed order, and the penalty demanded on the PCN exceeds the amount due in the circumstances of the case.
Yours faithfully,
Take a date & timestamped screenshot of the confirmation page and let us know when you get the rejection.
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Civil penalty charge notices (Councils, TFL and so on) / Re: Greenwich Council, Code 34j Being in a bus lane, Bugsby's Way SE7 Outside Makro SE7
« on: January 10, 2025, 01:42:44 pm »Hi @cp8759
Okay - thank you for confirming. I have gone ahead to appeal with the one line you provided. Should i come back here once they have responded?
Yes, please post up the rejection when you get it.
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Civil penalty charge notices (Councils, TFL and so on) / Re: Greenwich Council, Code 34j Being in a bus lane, Bugsby's Way SE7 Outside Makro SE7
« on: January 10, 2025, 01:12:54 pm »
@josephalabi this AI generated crap is a complete pile of BS and it is wrong for more reasons than I have time to list.
As I said, make a one line representation as follows: "There was no contravention of a prescribed order".
You don't need to add anything: the council will reject no matter what you say but that's not a reason to put in a pile of nonsense (including made up cases that don't actually exist).
As I said, make a one line representation as follows: "There was no contravention of a prescribed order".
You don't need to add anything: the council will reject no matter what you say but that's not a reason to put in a pile of nonsense (including made up cases that don't actually exist).
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Civil penalty charge notices (Councils, TFL and so on) / Re: Greenwich Council, Code 34j Being in a bus lane, Bugsby's Way SE7 Outside Makro SE7
« on: January 10, 2025, 11:57:07 am »
@josephalabi code 34 PCNs in London are all open to technical challenges, and it's not as if Greenwich would properly fight an appeal anyway, half the time they don't even put any evidence in.
For now just make a one line representation saying that the alleged contravention did not occur, Greenwich will reject but you have to go through the motions.
The TMOs are:
The Greenwich (Bus Lanes) Traffic Order 2001
The Greenwich (Bus Lanes) (Amendment No. 12) Traffic Order 2014
In the meantime I'll check for other amendments.
For now just make a one line representation saying that the alleged contravention did not occur, Greenwich will reject but you have to go through the motions.
The TMOs are:
The Greenwich (Bus Lanes) Traffic Order 2001
The Greenwich (Bus Lanes) (Amendment No. 12) Traffic Order 2014
In the meantime I'll check for other amendments.
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Civil penalty charge notices (Councils, TFL and so on) / Re: London Borough of Southwark - Goldsmith Road
« on: January 09, 2025, 09:05:58 pm »
@sankofa well the location is here https://maps.app.goo.gl/UVTBFquno1TZHgqq9 and this is the CCTV:
https://www.youtube.com/watch?v=cXT9yMlBEAo
There are two reasonable explanations here: you have not looked at the CCTV and your recollection of events is incorrect, or your appeal is based on a deliberate pack of lies.
There is also an unreasonable explanation i.e. that you honestly believe the CCTV supports your version of events.
I could not possibly comment on which one is more likely and readers of this thread will have to make their own minds up.
If you'd come to us we would have told you that the contravention is a clear case of banged-to-rightitis, but a technical appeal could have succeeded.
https://www.youtube.com/watch?v=cXT9yMlBEAo
There are two reasonable explanations here: you have not looked at the CCTV and your recollection of events is incorrect, or your appeal is based on a deliberate pack of lies.
There is also an unreasonable explanation i.e. that you honestly believe the CCTV supports your version of events.
I could not possibly comment on which one is more likely and readers of this thread will have to make their own minds up.
If you'd come to us we would have told you that the contravention is a clear case of banged-to-rightitis, but a technical appeal could have succeeded.