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#Post#: 2736--------------------------------------------------
Bus Lane Contravention Lancelot Road, Brent > PCN
non-compliant
DIR By: persistence!
Date: August 6, 2023, 12:29 pm
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Hello
This continues the original thread
HTML http://forums.pepipoo.com/index.php?showtopic=149966
from the
PePiPoo forum.
Please find attached the PCN, my representation (informal
challenge), Brent's rejection, and most recently their 'kind'
offer to let me have an extension to pay the discounted amount.
4 documents in total.
I have a dilemma now, as there is a window for me to pay the
discounted amount or I risk it doubling.
What do you think? It's more risky to roll the dice now that
they have given me the option to pay the lesser amount, and as
much as I want to fight this, I can barely afford the 65 quid,
let alone the 135!
Thanks
[attachment deleted by admin]
#Post#: 2748--------------------------------------------------
Re: Bus Lane Contravention Lancelot Road, Brent > PCN
non-compliant
DIR By: fraser.mitchell
Date: August 6, 2023, 2:57 pm
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It really is up to you. cp8759 gave you what is normally a
winning argument. Many appeals are won on technicalities, so
don't think it will be ignored by the adjudicator. If you take
them to London Tribunals, you'll have enough time to save up the
extra £65.
#Post#: 2756--------------------------------------------------
Re: Bus Lane Contravention Lancelot Road, Brent > PCN
non-compliant
DIR By: ivanleo
Date: August 6, 2023, 3:55 pm
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I'm not aware of this particular technicality ever failing,
indeed the adjudicators have started using sterner wording if
you look for example at what Carl Teper said in Ian O'Flynn v
London Borough of Lambeth (2230309483, 26 July 2023)
HTML https://drive.google.com/uc?id=1KU5k-MmvJrj28ERY3tvQ2mbaFmVT0jGT&export=inline<br
/>just last week.
I'm happy to represent you at the tribunal if you wish.
For now all you need to do is send a formal representation using
exactly the same text as last time:
[indent]
Dear London Borough of Brent,
The London Local Authorities Act 1996 provides that a PCN must
state that the full penalty of £130 must be paid before the end
of the period of 28 days commencing with the date of the notice,
however the PCN served in this instance wrongly states that the
28 day period commences with the date of service of the notice.
This is a material departure from the requirements of the
statutory scheme, as a result of which no penalty may be
demanded.
Yours faithfully,
[/indent]
Once you get the formal Notice of Rejection, I can do the rest
for you.
#Post#: 2787--------------------------------------------------
Re: Bus Lane Contravention Lancelot Road, Brent > PCN
non-compliant
DIR By: Hippocrates
Date: August 7, 2023, 3:41 am
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Not wishing to disagree or play Devil's Advocate, one might meet
another adjudicator who may decide that the PCN gives you an
extra time period! We all know whom. ;) Similarly, Kingston
have the same problem which I hope will be won in the next
couple of months.
#Post#: 2979--------------------------------------------------
Re: Bus Lane Contravention Lancelot Road, Brent > PCN
non-compliant
DIR By: brazilianx
Date: August 9, 2023, 2:44 pm
---------------------------------------------------------
Thanks everyone, on balance it feels risky. And while I
appreciate the kind offer to repesent at the tribunal - I hate
to say this but I think I'm going to put an end to this now.
#Post#: 3010--------------------------------------------------
Re: Bus Lane Contravention Lancelot Road, Brent > PCN
non-compliant
DIR By: ivanleo
Date: August 9, 2023, 6:22 pm
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--- Quote from: brazilianx link ---
>
> Thanks everyone, on balance it feels risky. And while I
appreciate the kind offer to repesent at the tribunal - I hate
to say this but I think I'm going to put an end to this now.
>
--- End Quote ---
I'm so sure that this will win, that if we go to appeal and
lose, I'll pay the other £65. Unless you've already thrown £65
down the drain?
#Post#: 3015--------------------------------------------------
Re: Bus Lane Contravention Lancelot Road, Brent > PCN
non-compliant
DIR By: Hippocrates
Date: August 10, 2023, 2:15 am
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I would certainly accept cp's offer. If anyone can win on this
argument, he is the man to do so.
#Post#: 3019--------------------------------------------------
Re: Bus Lane Contravention Lancelot Road, Brent > PCN
non-compliant
DIR By: Circle87
Date: August 10, 2023, 3:38 am
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Personally, I would also take up CP's offer. Have faith.
#Post#: 3044--------------------------------------------------
Re: Bus Lane Contravention Lancelot Road, Brent > PCN
non-compliant
DIR By: brazilianx
Date: August 10, 2023, 12:42 pm
---------------------------------------------------------
--- Quote from: cp8759 link ---
>
> [quote author=brazilianx link=topic=338.msg2979#msg2979
date=1691610275]
> Thanks everyone, on balance, it feels risky. And while I
appreciate the kind offer to represent at the tribunal - I hate
to say this, but I think I'm going to put an end to this now.
>
--- End Quote ---
I'm so sure that this will win, that if we go to appeal and
lose, I'll pay the other £65. Unless you've already thrown £65
down the drain?
[/quote]
Well no I haven't paid up - was procrastinating and now
rethinking. Again, an extremely generous offer and your
confidence underscores your conviction in the argument, which is
encouraging.
Let me DM you
#Post#: 3051--------------------------------------------------
Re: Bus Lane Contravention Lancelot Road, Brent > PCN
non-compliant
DIR By: Hippocrates
Date: August 10, 2023, 2:26 pm
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So, that's the spirit. cp and a few others are, indeed, rare
human beings. You are in good hands.
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