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#Post#: 19225--------------------------------------------------
Kennsington & Chelsea PCN 52g weight restriction
DIR By: loady
Date: April 7, 2024, 10:03 am
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Love the new home, been a memebr of peppipoo for a good while
and glad you guys are keeping it going.
i was driving a mercedes VITO people carrier over the bridge as
i have done many times before, it is not a good vehicle although
the insurance states it as being a van, it is our family vehicle
and i have received a PCN for going over the bridge, i have
looked on K&C website and read when this had started to be
monitored by cameras, previously restrictions were goverend by
the width restriction. It clearly states the date that enorcment
starts as from Thursday 11 January 2024 for GOODS vehicles that
exceed it. Is this a mistake by them ?
#[member=1]cp8759[/member]
[attachment deleted by admin]
#Post#: 19230--------------------------------------------------
Re: Kennsington & Chelsea PCN 52g weight restriction
DIR By: ivanleo
Date: April 7, 2024, 10:46 am
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Well the PCN is flawed as it doesn't tell you what the weight
limit is, see these cases:
D S L Scaffolding Ltd v London Borough of Lambeth (2160323533, 8
September 2016)
HTML https://drive.google.com/file/d/1AsmnFF6hbDHT27wty1kJPNuugH1A7Ujr/view
Commercial Plant Services Ltd v Royal Borough of Kingston Upon
Thames (223042535A, 13 December 2023)
HTML https://drive.google.com/file/d/1qZYNPsjixnmpd2g3CCB0gI1y_tisXEFV/view
Stanmore Quality Surfacing Ltd v London Borough of Southwark
(2230534785, 26 February 2024)
HTML https://drive.google.com/file/d/1WUJPdQ3SeodVoaKMFRk_MAoNYh5QnxhT/view
Stanmore Quality Surfacing Ltd v London Borough of Havering
(2240046992, 23 March 2024)
HTML https://drive.google.com/file/d/1vYAHQpakhduws7lEvJVV6EcoshW6xoXb/view
I'm also going to get hold of the traffic order, in the meantime
it would be useful if you could send me the 2nd page of the V5C
as that normally shows how the vehicle is classified. To know
whether you contravened the restrictions in the traffic order,
we'll need both the V5C and the traffic order itself.
By the way when did you actually receive the PCN? It is dated 1
April which was a bank holiday, so it's unlikely the council
posted it that day.
#Post#: 19233--------------------------------------------------
Re: Kennsington & Chelsea PCN 52g weight restriction
DIR By: loady
Date: April 7, 2024, 11:01 am
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I best put my cards on the table, this is actually a very good
friend of mine who is not PC literate and was just going to pay
it and i stopped him so i just posted as if it was me, i hope
thats ok, i can get everything you need anyway.
#Post#: 19234--------------------------------------------------
Re: Kennsington & Chelsea PCN 52g weight restriction
DIR By: loady
Date: April 7, 2024, 11:06 am
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--- Quote from: loady link ---
>
> I best put my cards on the table, this is actually a very good
friend of mine who is not PC literate and was just going to pay
it and i stopped him so i just posted as if it was me, i hope
thats ok, i can get everything you need anyway.
>
--- End Quote ---
Heres the log book..
HTML https://i.imgur.com/vKSCvoK.png
#Post#: 19235--------------------------------------------------
Re: Kennsington & Chelsea PCN 52g weight restriction
DIR By: ivanleo
Date: April 7, 2024, 11:08 am
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--- Quote from: loady link ---
>
> I best put my cards on the table, this is actually a very good
friend of mine who is not PC literate and was just going to pay
it and i stopped him so i just posted as if it was me, i hope
thats ok, i can get everything you need anyway.
>
--- End Quote ---
That's fine, can you find out from him when he received the PCN?
The V5C confirms it's a goods vehicle but we'll need to wait for
the traffic order. Don't lose track of the representations
deadline though.
#Post#: 19260--------------------------------------------------
Re: Kennsington & Chelsea PCN 52g weight restriction
DIR By: ivanleo
Date: April 8, 2024, 3:22 am
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The traffic order is The Kensington and Chelsea and Wandsworth
(Albert Bridge) (Weight and Width Restrictions) Traffic Order
2022
HTML https://drive.google.com/file/d/1icFZN64L-mIK3UVVMaFPrXTWctM9e-G7/view,<br
/>which doesn't leave much room for argument.
Here's a draft representation:
[indent]
Dear Royal Borough of Kensington and Chelsea,
I challenge liability for PCN KE98050401 on the ground that the
penalty charge notice does not comply with section 4(8)(a)(i) of
the London Local Authorities and Transport for London Act 2003,
because the notice does not state the limit that has allegedly
been exceeded.
Yours faithfully,
[/indent]
Make representations online and make sure to keep a screenshot
of the confirmation page.
#Post#: 19330--------------------------------------------------
Re: Kennsington & Chelsea PCN 52g weight restriction
DIR By: loady
Date: April 8, 2024, 12:57 pm
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--- Quote from: cp8759 link ---
>
> The traffic order is The Kensington and Chelsea and Wandsworth
(Albert Bridge) (Weight and Width Restrictions) Traffic Order
2022
HTML https://drive.google.com/file/d/1icFZN64L-mIK3UVVMaFPrXTWctM9e-G7/view,<br
/>which doesn't leave much room for argument.
>
> Here's a draft representation:
>
> [indent]
> Dear Royal Borough of Kensington and Chelsea,
>
> I challenge liability for PCN KE98050401 on the ground that
the penalty charge notice does not comply with section
4(8)(a)(i) of the London Local Authorities and Transport for
London Act 2003, because the notice does not state the limit
that has allegedly been exceeded.
>
> Yours faithfully,
> [/indent]
>
> Make representations online and make sure to keep a screenshot
of the confirmation page.
>
--- End Quote ---
Thank you! lets see what happens.
#Post#: 20717--------------------------------------------------
Re: Kennsington & Chelsea PCN 52g weight restriction
DIR By: ivanleo
Date: April 26, 2024, 11:46 am
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[member=1466]loady[/member] so it turns out the information on
the face of the PCN is false, as the council has confirmed that
"No PCN production was performed on the bank holiday so there
was no collection.", see the full reply here
HTML https://drive.google.com/file/d/1KaSH8wr_ctNnfZVvXCnyBotYdJLBwvoI/view.
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