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#Post#: 20745--------------------------------------------------
Re: TFL, Code 31 - Box Junction, Marylebone Rd / Park Crescent
West
DIR By: fraser.mitchell
Date: April 27, 2024, 4:07 am
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--- Quote from: willdudeuk link ---
>
> So looks like I will need pay this then? No wiggle room out?
Unless there are anymore suggestions? Appreciate all the help
and support so far. Thank you.
>
--- End Quote ---
Not necessarily !
Whilst the contravention seems to be made out, wait a bit until
the TfL experts have spoken, because TfL are failing in their
management of the enforcement process. This, on its own, can get
a PCN cancelled. However don't miss any deadline on the PCN.
#Post#: 20747--------------------------------------------------
Re: TFL, Code 31 - Box Junction, Marylebone Rd / Park Crescent
West
DIR By: willdudeuk
Date: April 27, 2024, 4:17 am
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[member=12]Incandescent[/member] so what are my next steps
please?
I am not sure what to put in my challenge / representation to
the TFL experts if that’s who you are referring to?
Unless you mean the members on this forum?
Also I am not sure on timings as it still says the PCN is on
hold.
Not sure when I need to challenge by or pay if you can confirm?
Thank you.
#Post#: 20749--------------------------------------------------
Re: TFL, Code 31 - Box Junction, Marylebone Rd / Park Crescent
West
DIR By: fraser.mitchell
Date: April 27, 2024, 4:51 am
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You need to find out from TfL how long they have put the PCN on
hold for, based on the date it was out on hold and what the
revised deadline is for submitting reps or paying. The experts
of TfL would seem to be Hippocrates, and the administrator,
cp8759. So maybe PM one of them ? I'm not an expert in
overturning TfL PCNs on technicalities.
#Post#: 20764--------------------------------------------------
Re: TFL, Code 31 - Box Junction, Marylebone Rd / Park Crescent
West
DIR By: willdudeuk
Date: April 27, 2024, 9:34 am
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Ok thank you.
Any ideas please [member=24]Hippocrates[/member]
[member=1]cp8759[/member] ?
Thank you
#Post#: 20774--------------------------------------------------
Re: TFL, Code 31 - Box Junction, Marylebone Rd / Park Crescent
West
DIR By: ivanleo
Date: April 27, 2024, 10:37 am
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[member=1508]willdudeuk[/member] it looks like the PCN is on
hold until 7 May, but you want to get representation in asap.
This might be one for the strategy of last resort
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/l-b-waltham-forest-50r-performing-a-prohibited-turn/msg7581/#msg7581,<br
/>but it's reliant on you having some meaningful mitigation to
put
forwards.
As long as you make a representation while the discount is still
on offer, the penalty won't increase. For whatever reason if
your representation is rejected and you appeal to the tribunal
while the discount is still on offer, TFL currently only asks
for the discounted penalty even if the appeal is refused, so
there's little reason not to take this all the way.
#Post#: 20779--------------------------------------------------
Re: TFL, Code 31 - Box Junction, Marylebone Rd / Park Crescent
West
DIR By: willdudeuk
Date: April 27, 2024, 11:06 am
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Thanks [member=1]cp8759[/member]
I am not sure I have any reasonable mitigation I can offer.
There has been a family bereavement but it’s probably not recent
enough (over a year ago).
Unless you can down the route I was having a particularly low
day post the Birthday of the passed close family member (my
Father). But the birthday is mid March.
Regarding the strategies you provide in your link I have a few
questions.
Strategy 1
How would I make an appeal to the authority’s discretionary
power not to enforce? Is that applicable here for TFL? The
council for the area the contravention occurred would be City Of
Westminster.
What do you mean that the tribunal cannot allow an appeal on
this basis? Is that my right to appeal or TFL?
Strategy 2
How do I setup a page with a link for the image or video
evidence that has a click counter?
Also what evidence what that be? Could it be anything or does it
need to be meaningful and related to the mitigating
circumstances?
If you could kindly help me with drafting a representation to
TFL. I would be eternally greatful [member=1]cp8759[/member]
Thank you
#Post#: 20781--------------------------------------------------
Re: TFL, Code 31 - Box Junction, Marylebone Rd / Park Crescent
West
DIR By: ivanleo
Date: April 27, 2024, 11:13 am
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For a TFL penalty, just replace the word "council" with
Transport for London, as that is the authority you have to deal
with.
There is no right of appeal against a PCN, there is only a right
to make representations to the enforcement authority (which in
this case is Transport for London). You can make representations
on whatever grounds you want, some grounds are statutory grounds
of appeal (these are listed on the PCN itself), anything that
isn't a statutory ground of appeal is known as mitigation.
Transport for London has a power to accept representations on
whatever grounds it wants, whether they are statutory grounds of
appeal or not.
If the representations are rejected you have the right to appeal
the London Tribunals, but the tribunal can only allow an appeal
based on the statutory grounds, the tribunal adjudicator cannot
allow an appeal on non-statutory grounds no matter how
compelling the reasons might be. But if Transport for London
fails in its duty to consider the representations, that in
itself gives you a statutory ground on the basis of which you
can appeal to the tribunal.
I suggest you draft up something based on what you've told us
re: your later father's birthday, don't worry about setting up a
link with a click counter as I will do that for you.
Do you have the death certificate to hand?
#Post#: 20787--------------------------------------------------
Re: TFL, Code 31 - Box Junction, Marylebone Rd / Park Crescent
West
DIR By: willdudeuk
Date: April 27, 2024, 11:28 am
---------------------------------------------------------
Thank you for taking the time to answer my questions and get
back to me so promptly [member=1]cp8759[/member] it makes a lot
more sense now.
I shall get a draft written up and obtain a copy of the death
certificate as I don’t have it to hand.
Need to act on this quickly before the 7th May so I can still
have the opportunity to pay the reduced fine of £80 if the
representation doesn’t work.
Hopefully they don’t click on the evidence so I can take them to
the tribunal under statutory grounds for failure to consider.
Fingers crossed!
Thank you once again.
#Post#: 21078--------------------------------------------------
Re: TFL, Code 31 - Box Junction, Marylebone Rd / Park Crescent
West
DIR By: willdudeuk
Date: April 30, 2024, 2:22 am
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Morning [member=1]cp8759[/member], I've got a copy of the
certificate now, so will get typing up a representation and post
it up here for advice and help if that's ok. Would ideally like
to get it submitted today 7 days before the due date of 7th May.
Thank you.
#Post#: 21085--------------------------------------------------
Re: TFL, Code 31 - Box Junction, Marylebone Rd / Park Crescent
West
DIR By: ivanleo
Date: April 30, 2024, 3:24 am
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[member=1508]willdudeuk[/member] please tag me when you post the
draft and I'll try and look at it today.
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