DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 98--------------------------------------------------
PCN LJ25310332 Lambeth 37j Salter`s Hill (moving Traffic)
DIR By: zincy
Date: June 16, 2023, 4:59 am
---------------------------------------------------------
Hey All,
Hope you are all doing well.
I got this PCN, to my utter disbelief, today and wanted your
advice, please.
The PCN is here
HTML https://drive.google.com/file/d/1m5BfpbvdEGxG5Wmfn7wrS8ThnzTCjB_t/view
After e-mailing the council, they have sent me video footage
which I also attach below:
HTML https://drive.google.com/file/d/1m53H76m_uKFMZ1p2CRksOD5FofldoL4U/view
My vehicle is they grey MG, I honestly had no idea that this was
a give way to oncoming vehicles junction. Also what is
interesting is when the Camera operator zooms into the sign
itself, there is some foliage covering it but also - the round
plate of the sign seems it is turned so it faced the road rather
than the direction of traffic?
Any help or advice would be welcome.
Thanks!
#Post#: 115--------------------------------------------------
Re: PCN LJ25310332 Lambeth 37j Salter`s Hill (moving Traffic)
DIR By: ivanleo
Date: June 16, 2023, 12:07 pm
---------------------------------------------------------
Draft reps:
---------------------------------------------------------
Dear London Borough of Lambeth,
the penalty charge notice issued in this instance gives both the
28 day and 14 day payment periods as starting from the date of
service of the notice, but under the applicable legislation
these periods run from the date of the notice, not the date of
service.
This is a material departure from the requirements of the
statutory scheme, as a result of which the PCN may not be
enforced.
Yours faithfully,
---------------------------------------------------------
To answer hcandersen's previous question, this ground has never
been rejected in respect of Barking & Dagenham, which only had
the wrong 14 day period. Lambeth has messed up both the 14 & 28
day periods, so it's a very safe bet.
#Post#: 216--------------------------------------------------
Re: PCN LJ25310332 Lambeth 37j Salter`s Hill (moving Traffic)
DIR By: zincy
Date: June 19, 2023, 6:23 am
---------------------------------------------------------
Thanks CP.
I have sent this across and await their response (most like a
Notice of Rejection).
I will keep you posted.
#Post#: 250--------------------------------------------------
Re: PCN LJ25310332 Lambeth 37j Salter`s Hill (moving Traffic)
DIR By: zincy
Date: June 20, 2023, 8:14 am
---------------------------------------------------------
Hi
Notice of Rejection received today.
HTML https://drive.google.com/file/d/1znP1hmZDxKIj2KoY7CyQNpEaU7nQeIdW/view?usp=sharing
Please do let me know if you require anything further.
Thanks
Zincy
#Post#: 311--------------------------------------------------
Re: PCN LJ25310332 Lambeth 37j Salter`s Hill (moving Traffic)
DIR By: ivanleo
Date: June 21, 2023, 4:59 pm
---------------------------------------------------------
It's a fob-off rejection that also amounts to a complete and
utter failure to consider. Would you like me to represent you at
the tribunal? If so, drop me a PM please.
#Post#: 1913--------------------------------------------------
Re: PCN LJ25310332 Lambeth 37j Salter`s Hill (moving Traffic)
DIR By: ivanleo
Date: July 25, 2023, 3:26 am
---------------------------------------------------------
Outcome:
[indent]
Mr cp8759, for the appellant, appeared before me today via
telephone. I was satisfied for the reasons he gave in his
skeleton argument uploaded to the case on 07/07/23 that the PCN
issued in these proceedings was not fully compliant payment
periods being wrongly stated to run from the date of service
thereof instead of the date of issue. I accordingly found that
the contravention had not been proved.
Andrew Harman
Adjudicator
24th July 2023
2230306124
[/indent]
*****************************************************
Page 1 of 1