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#Post#: 12357--------------------------------------------------
Re: Havering PCN - New Road 1306 RM13 Bus lane contravention
DIR By: Hippocrates
Date: December 13, 2023, 10:38 am
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Trafficandparkingcontrol@havering.gov.uk
I do it online. Post: no.
#Post#: 15304--------------------------------------------------
Re: Havering PCN - New Road 1306 RM13 Bus lane contravention
DIR By: Felics
Date: February 9, 2024, 9:27 am
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Hi all,
See attached response from Havering borough today.
HTML https://i.imgur.com/pwkH2To.jpeg
HTML https://i.imgur.com/ljlv5Jw.jpeg
Any thoughts on next steps?
#Post#: 15311--------------------------------------------------
Re: Havering PCN - New Road 1306 RM13 Bus lane contravention
DIR By: Hippocrates
Date: February 9, 2024, 10:42 am
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Typical Beasley bolleaux! Wrong act cited! Wait for the
enforcement notice. I will draft stronger reps. for you and, if
necessary, act at the Tribunal. Meanwhile, do absolutely
nothing.
Actually, mea culpa. There is an error re dates in the PCN
after Enforcement Notice. No worries, this can be included at
the formal stage v the Enforcement Notice.
#Post#: 15314--------------------------------------------------
Re: Havering PCN - New Road 1306 RM13 Bus lane contravention
DIR By: Hippocrates
Date: February 9, 2024, 11:34 am
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--- Quote from: Hippocrates link ---
>
> PCN is ok. The dates are correct as per Part II:
HTML https://www.legislation.gov.uk/ukla/1996/9/section/4/enacted
>
> Let's see what their reply would be.
>
--- End Quote ---
Upon looking more closely, it is still flawed after Enforcement
Notice.
#Post#: 15344--------------------------------------------------
Re: Havering PCN - New Road 1306 RM13 Bus lane contravention
DIR By: Felics
Date: February 10, 2024, 4:34 am
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I see, I still wait for enforcement I assume and and not respond
?
#Post#: 15356--------------------------------------------------
Re: Havering PCN - New Road 1306 RM13 Bus lane contravention
DIR By: Hippocrates
Date: February 10, 2024, 7:28 am
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Absolutely. Sorry to have missed the error previously; but, no
harm done as it will be highlighted next time.
#Post#: 17436--------------------------------------------------
Re: Havering PCN - New Road 1306 RM13 Bus lane contravention
DIR By: Felics
Date: March 17, 2024, 8:47 am
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Update. Received the attached yesterday.
[member=24]Hippocrates[/member] - any thoughts?
HTML https://i.imgur.com/GySj6nY.jpeg
HTML https://i.imgur.com/yuGOW5K.jpeg
HTML https://i.imgur.com/BucYVZL.jpeg
#Post#: 17440--------------------------------------------------
Re: Havering PCN - New Road 1306 RM13 Bus lane contravention
DIR By: Hippocrates
Date: March 17, 2024, 8:58 am
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Dear Havering Council
I make the following represenatations against the PCN and EN.
1. I reiterate my previous challenge which I now require you to
consider as my formal representations.
2. In addition, I say that the PCN is unenforceable because the
sentence under Enforcement Notice on the PCN wrongly states the
period in which to pay and make representations The Law states
this @
HTML https://www.legislation.gov.uk/ukla/1996/9/section/4/enacted
(3)A penalty charge notice under this Part of this Act must
state—
(c)that the penalty charge must be paid before the end of the
period of 28 days beginning with the date of the notice;
(e)that, if the penalty charge is not paid before the end of the
28 day period, an enforcement notice may be served by the
council on the person appearing to them to be the owner of the
vehicle;
Therefore, the references to date of service in the said
sentence is not only wrong but also creates an ambiguity: If
after the last day of the period of 28 days beginning with the
date on which this PCN is served no such representations have
been made, and the penalty charge has not been paid, an
Enforcement Notice may be served.....
3. Furthermore, the payment option on the PCN does not state the
address to which payment may be made:
(f)the address to which payment of the penalty charge must be
sent;
4. The last ground: I bring a collateral challenge on the basis
that the PCN is unenforceable because the taken without consent
ground clearly fetters to theft by its very wording that a crime
report be provided. Therefore, this inaccurate reflection of the
statutory ground does not take into account that a relative, or
friend, may have taken the vehicle without the owner's
permission so that the owner would not necessarily, if at all,
report the matter to the Police in such circumstances or,
indeed, make an insurance claim.
5. I put you to strict proof that the camera at the location has
the correct VCA certificate to satisfy the criterion of evidence
as provided at para. 7(2) Schedule 1 of The London Local
Authorities Act 1996 (as amended).
In view of the above, please cancel both the PCN and EN.
**********************************
I would do this online as stated on the EN. .
#Post#: 17541--------------------------------------------------
Re: Havering PCN - New Road 1306 RM13 Bus lane contravention
DIR By: Hippocrates
Date: March 18, 2024, 4:52 am
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[member=942]Felics[/member]: Further to our e mail exchange, do
it online as per the second sentence under MAKING
REPRESENTATION, using the web code.
#Post#: 17543--------------------------------------------------
Re: Havering PCN - New Road 1306 RM13 Bus lane contravention
DIR By: Hippocrates
Date: March 18, 2024, 5:06 am
---------------------------------------------------------
--- Quote from: Hippocrates link ---
>
> Dear Havering Council
>
> I make the following represenatations against the PCN and EN.
>
> 1. I reiterate my previous challenge which I now require you
to consider as my formal representations.
> 2. In addition, I say that the PCN is unenforceable because
the sentence under Enforcement Notice on the PCN wrongly states
the period in which to pay and make representations The Law
states this @
>
>
HTML https://www.legislation.gov.uk/ukla/1996/9/section/4/enacted
>
> (3)A penalty charge notice under this Part of this Act must
state—
>
> (c)that the penalty charge must be paid before the end of the
period of 28 days beginning with the date of the notice;
>
> (e)that, if the penalty charge is not paid before the end of
the 28 day period, an enforcement notice may be served by the
council on the person appearing to them to be the owner of the
vehicle;
>
>
> Therefore, the references to date of service in the said
sentence is not only wrong but also creates an ambiguity: If
after the last day of the period of 28 days beginning with the
date on which this PCN is served no such representations have
been made, and the penalty charge has not been paid, an
Enforcement Notice may be served.....
>
> 3. Furthermore, the payment option on the PCN does not state
the address to which payment may be made:
>
> (f)the address to which payment of the penalty charge must be
sent;
>
> 4. The last ground: I bring a collateral challenge on the
basis that the PCN is unenforceable because the taken without
consent ground clearly fetters to theft by its very wording that
a crime report be provided. Therefore, this inaccurate
reflection of the statutory ground does not take into account
that a relative, or friend, may have taken the vehicle without
the owner's permission so that the owner would not necessarily,
if at all, report the matter to the Police in such circumstances
or, indeed, make an insurance claim.
>
> 5. I put you to strict proof that the camera at the location
has the correct VCA certificate to satisfy the criterion of
admissibility of evidence as provided at para. 7(2) Schedule 1
of The London Local Authorities Act 1996 (as amended).
>
> In view of the above, please cancel both the PCN and EN.
>
> **********************************
>
> I would do this online as stated on the EN. .
>
--- End Quote ---
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