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DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
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#Post#: 13454--------------------------------------------------
Re: Performing a prohibted turn, Redbridge, Ilford High Rd.
DIR By: Hippocrates
Date: January 8, 2024, 8:32 am
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Nope. This:
The only possible issue is the TWOC ground which limits to
theft.
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.
#Post#: 13465--------------------------------------------------
Re: Performing a prohibted turn, Redbridge, Ilford High Rd.
DIR By: zeezee
Date: January 8, 2024, 9:52 am
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--- Quote from: Hippocrates link ---
>
> Nope. This:
>
> The only possible issue is the TWOC ground which limits to
theft.
>
> 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.
>
--- End Quote ---
Thank you.
Not entirely sure if I understand - but I'll leave off what I've
written then and add this paragraph and send it. Thank you
#Post#: 14217--------------------------------------------------
Re: Performing a prohibted turn, Redbridge, Ilford High Rd.
DIR By: zeezee
Date: January 23, 2024, 4:05 pm
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Hi Guys,
The council has come back with the following response; Not sure
where to go from here...
HTML https://i.imgur.com/PKAJhPZ.jpg
HTML https://i.imgur.com/9CcM3zD.jpg
#Post#: 14218--------------------------------------------------
Re: Performing a prohibted turn, Redbridge, Ilford High Rd.
DIR By: Hippocrates
Date: January 23, 2024, 4:12 pm
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Rubbish response re TWOC!
I say tribunal time and I am more than happy to represent.
ETA Register of Appeals
Register kept under Regulation 20 of the Road Traffic (Parking
Adjudicators) (London) Regulations 1993, as amended and
Regulation 17 of the Civil Enforcement of Road Traffic
Contraventions (Representations and Appeals) (England)
Regulations 2022.
Case Details
Case reference 2110212199
Appellant Chidi Egenti
Authority London Borough of Islington
VRM EA02WFR
PCN Details
PCN IS2284987A
Contravention date 12 Feb 2011
Contravention time 12:06:00
Contravention location Drayton Park/Horsell Road N5
Penalty amount GBP 120.00
Contravention Entering and stopping in a box junction
Referral date
Decision Date 07 Jul 2011
Adjudicator Teresa Brennan
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice.
Reasons Mr Egenti appeals and raises a number of issues both in
his initial representations and in the Notice of Appeal.
One of the issues that Mr Egenti raised was wither the Penalty
Charge Notice was enforceable as he states that the third ground
of appeal, box C on the Penalty Charge Notice inaccurately
reflects the statutory ground. Further he says that by stating
that the insurance claim or crime report be provided that this
fetters the basis on which a representation on this basis can be
made. In his initial representations Mr Egenti specifically
raised the issue of circumstances in which a relative might have
taken the keys to the car without his consent.
In the Notice of Rejection issued on 30th March 2011 the local
authority stated: 'If relative takes the car without permission
the registered keeper of the vehicle is still liable for the
charge unless they report the matter to the police' Whilst it
may be that a local authority would not accept a representation
made on this basis without a crime report there is no obligation
on a registered keeper to provide a crime report and it is
incorrect in law to state that a registered keeper must provide
a crime report when relying on this ground of appeal. I find
that the Notice of Rejection wrongly states the law and that it
is therefore misleading.
The London Local Authorities Act 2003 imposes a duty on an
enforcement authority to consider representations made and to
then serve a notice indicating the decision that has been made.
In this case I find that the London Borough of Islington has
failed to properly consider the representations because the
Notice of Rejection inaccurately states the law. As this could
have misled the appellant into not putting forward a particular
basis of appeal I find that the local authority failed in its
duty to consider the representations. Therefore I find that the
local authority cannot enforce this Penalty Charge Notice and I
allow this appeal.
#Post#: 14224--------------------------------------------------
Re: Performing a prohibted turn, Redbridge, Ilford High Rd.
DIR By: zeezee
Date: January 23, 2024, 4:57 pm
---------------------------------------------------------
--- Quote from: Hippocrates link ---
>
> Rubbish response re TWOC!
>
> I say tribunal time and I am more than happy to represent.
>
>
> ETA Register of Appeals
> Register kept under Regulation 20 of the Road Traffic (Parking
Adjudicators) (London) Regulations 1993, as amended and
Regulation 17 of the Civil Enforcement of Road Traffic
Contraventions (Representations and Appeals) (England)
Regulations 2022.
> Case Details
> Case reference 2110212199
> Appellant Chidi Egenti
> Authority London Borough of Islington
> VRM EA02WFR
> PCN Details
> PCN IS2284987A
> Contravention date 12 Feb 2011
> Contravention time 12:06:00
> Contravention location Drayton Park/Horsell Road N5
> Penalty amount GBP 120.00
> Contravention Entering and stopping in a box junction
> Referral date
> Decision Date 07 Jul 2011
> Adjudicator Teresa Brennan
> Appeal decision Appeal allowed
> Direction cancel the Penalty Charge Notice.
> Reasons Mr Egenti appeals and raises a number of issues both
in his initial representations and in the Notice of Appeal.
>
>
>
> One of the issues that Mr Egenti raised was wither the Penalty
Charge Notice was enforceable as he states that the third ground
of appeal, box C on the Penalty Charge Notice inaccurately
reflects the statutory ground. Further he says that by stating
that the insurance claim or crime report be provided that this
fetters the basis on which a representation on this basis can be
made. In his initial representations Mr Egenti specifically
raised the issue of circumstances in which a relative might have
taken the keys to the car without his consent.
>
>
>
> In the Notice of Rejection issued on 30th March 2011 the local
authority stated: 'If relative takes the car without permission
the registered keeper of the vehicle is still liable for the
charge unless they report the matter to the police' Whilst it
may be that a local authority would not accept a representation
made on this basis without a crime report there is no obligation
on a registered keeper to provide a crime report and it is
incorrect in law to state that a registered keeper must provide
a crime report when relying on this ground of appeal. I find
that the Notice of Rejection wrongly states the law and that it
is therefore misleading.
>
>
>
> The London Local Authorities Act 2003 imposes a duty on an
enforcement authority to consider representations made and to
then serve a notice indicating the decision that has been made.
In this case I find that the London Borough of Islington has
failed to properly consider the representations because the
Notice of Rejection inaccurately states the law. As this could
have misled the appellant into not putting forward a particular
basis of appeal I find that the local authority failed in its
duty to consider the representations. Therefore I find that the
local authority cannot enforce this Penalty Charge Notice and I
allow this appeal.
>
--- End Quote ---
Yes, please re: the representation! lol -
Just from that response you think there is a chance of winning?
#Post#: 14643--------------------------------------------------
Re: Performing a prohibted turn, Redbridge, Ilford High Rd.
DIR By: zeezee
Date: January 30, 2024, 7:00 pm
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The 14 Days for the £65 ends on the 1st February (I think)
It looks like the appeal to the adjudicator needs to go in 28
days from the date of the letter.
[member=24]Hippocrates[/member] - if you are happy to represent
me at the tribunal and believe that I can win, then I'm happy to
go with that.
Shall I fill out the application for the tribunal?
#Post#: 14742--------------------------------------------------
Re: Performing a prohibted turn, Redbridge, Ilford High Rd.
DIR By: Hippocrates
Date: February 1, 2024, 5:54 am
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PM sent. Please e mail me for further advice.
Plenty of time to file an appeal. 18th in reality. In practice:
16th!
#Post#: 14767--------------------------------------------------
Re: Performing a prohibted turn, Redbridge, Ilford High Rd.
DIR By: zeezee
Date: February 1, 2024, 9:38 am
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Many Thanks, @Hippocrates
I'll note the dates and get that appeal in soon!
#Post#: 14770--------------------------------------------------
Re: Performing a prohibted turn, Redbridge, Ilford High Rd.
DIR By: Hippocrates
Date: February 1, 2024, 10:04 am
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E mail me please first before you file the appeal.
#Post#: 14772--------------------------------------------------
Re: Performing a prohibted turn, Redbridge, Ilford High Rd.
DIR By: zeezee
Date: February 1, 2024, 10:27 am
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Yes definitely - will ping you an email before I submit
anything. Thank you
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