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#Post#: 23077--------------------------------------------------
Re: Lambeth Salters Hill - Failing to Give Way 37 j 28/04/24
DIR By: ivanleo
Date: May 19, 2024, 12:06 pm
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[member=1721]244065013[/member] have a look at the cases in rows
598 to 604 here
HTML https://docs.google.com/spreadsheets/d/1pVrE76_RYY6bNmEpYGbsZkxtpfIeud_BT3SKfg7TzQM/edit?pli=1#gid=642784037&range=A598,<br
/>you'll find the original threads for each case in column H
(though of course all the ones that originated on pepipoo won't
be accessible).
You can use the successful cases and the original threads for
inspiration for your representations.
You deadline to make representations is 4 June but don't leave
it too long to post a draft, as we need a fair chance to review
it and post any feedback.
#Post#: 23227--------------------------------------------------
Re: Lambeth Salters Hill - Failing to Give Way 37 j 28/04/24
DIR By: 244065013
Date: May 20, 2024, 12:48 pm
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Thanks all, I have attempted at a draft challenge below, Would
be grateful on any feedback.
Thanks
T
I would like to appeal against the PCN the alleged contravention
did not occur. As my vehicle passed the priority area there were
no oncoming vehicle was within the priority area. The alleged
oncoming vehicle which was stationary but not within the length
of the arch or narrowed carriageway as can be seen on the video
provided by the council.
As per s4 of Chapter 3 of the Traffic Signs Manual which states
‘’Unless the limits of the priority section are obvious e.g.
through the arch of a bridge etc. then the traffic sign
[indicating the priorities] should include the distance over
which the priority applies.’’
In this case the priority area in which a vehicle is required to
give way is that between the council's give way sign and the
corresponding sign facing motorists travelling in the opposite
direction as shown in the images.
As a result could you please cancel this PCN.
#Post#: 23235--------------------------------------------------
Re: Lambeth Salters Hill - Failing to Give Way 37 j 28/04/24
DIR By: H C Andersen
Date: May 20, 2024, 1:49 pm
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Not 'Give Way', but give priority to vehicles from the opposite
direction within the priority area.
#Post#: 23304--------------------------------------------------
Re: Lambeth Salters Hill - Failing to Give Way 37 j 28/04/24
DIR By: 244065013
Date: May 21, 2024, 2:02 am
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Thanks, I will ammend and make the challenge.
T
#Post#: 24007--------------------------------------------------
Re: Lambeth Salters Hill - Failing to Give Way 37 j 28/04/24
DIR By: ivanleo
Date: May 27, 2024, 9:06 am
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[member=1721]244065013[/member] that looks fine to me, though I
suspect the council will inevitably reject and this will have to
be taken to the tribunal.
#Post#: 28307--------------------------------------------------
Re: Lambeth Salters Hill - Failing to Give Way 37 j 28/04/24
DIR By: 244065013
Date: July 2, 2024, 6:18 am
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Hello,
I have today recieved a charge letter.
HTML https://imgur.com/a/opdq29m
I have appealed online on 21/5 and got a confirmation email and
again queried this online on 28/6 and got a confirmation email.
I did not get any leters or email rejecting the appeal.
Do I need to now make an appeal to the adjudicator?
Thanks
T
#Post#: 28311--------------------------------------------------
Re: Lambeth Salters Hill - Failing to Give Way 37 j 28/04/24
DIR By: John U.K.
Date: July 2, 2024, 6:29 am
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For convenience:
HTML https://i.imgur.com/ZIxUPja.jpeg
I was going to recommend you to read
HTML https://www.ftla.uk/announcements/charge-certificate-cases-under-the-traffic-management-act-2004-no-original-notic/
Which do, BUT
there is something wrong with the charge certificate see the
Heading:
--- Quote ---
> This notice is for a Parking Contravention
> Traffic Management Act 2004
--- End Quote ---
so wait for the experts here to comment further.
#Post#: 28320--------------------------------------------------
Re: Lambeth Salters Hill - Failing to Give Way 37 j 28/04/24
DIR By: fraser.mitchell
Date: July 2, 2024, 8:16 am
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Something badly wrong here !!
PCN served under the London Local Authorities Act 2003, and the
Charge Certificate served under the Traffic Management Act 2004.
This is a clear failure to follow the legal process, so needs
to get in front of an adjudicator, but first, you'll have to
submit a Witness Statement when they register the debt at TEC,
#Post#: 28345--------------------------------------------------
Re: Lambeth Salters Hill - Failing to Give Way 37 j 28/04/24
DIR By: Hippocrates
Date: July 2, 2024, 11:19 am
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Deary me. They must be in shock due to their arrest of their
(former) leader on the executive side of things.
#Post#: 28349--------------------------------------------------
Re: Lambeth Salters Hill - Failing to Give Way 37 j 28/04/24
DIR By: H C Andersen
Date: July 2, 2024, 11:38 am
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I have appealed online on 21/5 and got a confirmation email and
again queried this online on 28/6 and got a confirmation email.
Pl explain 'again queried this online on 28/6 and got a
confirmation email.'. Where is this email?
Working backwards, you submitted an appeal online on 21 May. If
they received this then any reply would probably have been
around 2 weeks later, let's say 4 June. Their rejection would
have allowed you 28 days in which to submit an appeal to the
adjudicator which would bring us to 2 July. Only after this date
could they serve a CC.
The CC is dated 1 July. Very tight.
And yet your post suggests they did receive and reply, but pl
confirm. Even better, get on to the council website and look at
your PCN history. Better still, just post the PCN no. and your
VRM.
As regards the CC, there's no prescribed form just very limited
contents. Although I can see their c**c-up I cannot see anything
materially different in the requirements of the 2 pieces of
legislation.
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