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#Post#: 40604--------------------------------------------------
Re: Lambeth - 52 m Failing to comply with a prohibition on
certain tyoes of vehicles - New Park Road (D)
DIR By: stevec
Date: October 13, 2024, 5:28 pm
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[member=24]Hippocrates[/member], ah, I see I did not read it
closely enough and managed to miss the wording "You cannot make
an informal challenge against a moving traffic or postal PCN".
As ours is a moving traffic violation, it seems we cannot make
an informal challenge.
HTML https://i.imgur.com/Qz9VhB9.png
#Post#: 40715--------------------------------------------------
Re: Lambeth - 52 m Failing to comply with a prohibition on
certain tyoes of vehicles - New Park Road (D)
DIR By: mrmustard
Date: October 14, 2024, 11:19 am
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I have seen the Contract Hire master Agreement. What it says
includes
2.13 - Not to take the vehicle out of the UK
2.14 - To keepe the vehicle free of lien
2.15 - Not to mortgage, pledge, loan, hire or part with ....the
vehicle
9.1 - The Lessor may terminate the hiring with immediate effect
either by notice in writing or by taking possession of the
Vehicle
11.14 - Should the Customer decide to terminate ...
13.1 - At the option of the Lessor, The Vehicle may be replaced
at any time by another...
21.2 - The Customer acknowledges and agrees that it has no title
to or property in the Vehicle and that no title or property will
pass to the Customer.
All those things taken together mean, in my opinion, that there
isn't the encessary fegree of permance to allow the transfer of
liability.
I would make representations on two short grounds:
1. The signage is inadequate, one coming on the restriction
signs after a bend.
2. The council did not have the right to transfer liability as I
never had, nor could have, any title in the vehicle and the
council don't have a copy of the lease which would have enabled
them to judge if the necessary degree of permanence existed.
#Post#: 40732--------------------------------------------------
Re: Lambeth - 52 m Failing to comply with a prohibition on
certain tyoes of vehicles - New Park Road (D)
DIR By: stevec
Date: October 14, 2024, 1:01 pm
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Wow, this is amazing [member=7]mrmustard[/member], thank you!
What would your confidence levels be of an appeal on these
grounds being successful?
How do I go about making those representations? Is there any
point in my going through the informal challenge or will they
simply reject it because it's a 'moving traffic violation'?
That being the case, do I need to wait until I have been issued
a reminder then make the formal appeal?
#Post#: 40734--------------------------------------------------
Re: Lambeth - 52 m Failing to comply with a prohibition on
certain tyoes of vehicles - New Park Road (D)
DIR By: mrmustard
Date: October 14, 2024, 1:12 pm
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You need to make representations now or the pcn value can
increase. The council reject nearly everything, good and bad.
#Post#: 40735--------------------------------------------------
Re: Lambeth - 52 m Failing to comply with a prohibition on
certain tyoes of vehicles - New Park Road (D)
DIR By: stevec
Date: October 14, 2024, 1:14 pm
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ah, I see. So I should just go ahead and submit that via the
'informal challenge' option on their website?
#Post#: 40736--------------------------------------------------
Re: Lambeth - 52 m Failing to comply with a prohibition on
certain tyoes of vehicles - New Park Road (D)
DIR By: mrmustard
Date: October 14, 2024, 1:16 pm
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It does not say that, it says 'representation'. Yes, do it
#Post#: 40828--------------------------------------------------
Re: Lambeth - 52 m Failing to comply with a prohibition on
certain tyoes of vehicles - New Park Road (D)
DIR By: Hippocrates
Date: October 15, 2024, 8:02 am
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The amount outstanding on the Charge Notice will increase to
£130.00 on Mon, 28 Oct 2024. Please pay £65.00 now.
We received your representation on Mon, 14 Oct 2024 and we will
reply in due course. You do not need to make representations
again.
#Post#: 40829--------------------------------------------------
Re: Lambeth - 52 m Failing to comply with a prohibition on
certain tyoes of vehicles - New Park Road (D)
DIR By: Hippocrates
Date: October 15, 2024, 8:03 am
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--- Quote from: mrmustard link ---
>
> You need to make representations now or the pcn value can
increase. The council reject nearly everything, good and bad.
>
--- End Quote ---
The amount outstanding on the Charge Notice will increase to
£130.00 on Mon, 28 Oct 2024. Please pay £65.00 now.
We received your representation on Mon, 14 Oct 2024 and we will
reply in due course. You do not need to make representations
again.
#Post#: 40846--------------------------------------------------
Re: Lambeth - 52 m Failing to comply with a prohibition on
certain tyoes of vehicles - New Park Road (D)
DIR By: stevec
Date: October 15, 2024, 8:58 am
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I made my representations yesterday evening, using both points
advised by [member=7]mrmustard[/member].
When I submitted it, a message was displayed saying
"Unfortunately, we have been unable to send a copy of your
challenge by email. Your challenge has been logged and will be
processed by one of our officers promptly".
Not sure why they were unable to send an email but I assume I'll
receive a response by post. I shall update this thread here when
I do.
Thanks both to [member=7]mrmustard[/member] and
[member=24]Hippocrates[/member] for your help so far!
#Post#: 43391--------------------------------------------------
Re: Lambeth - 52 m Failing to comply with a prohibition on
certain tyoes of vehicles - New Park Road (D)
DIR By: stevec
Date: October 31, 2024, 1:32 pm
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I received the following response today from Lambeth Council via
post. As you suspected [member=7]mrmustard[/member], they have
rejected the grounds of inadequate signage.
Regarding the point of their right to transfer liability, they
actually start the letter by saying they are unable to consider
a representation from a third party, given I am effectively
unknown to them as the registered keeper of the car will be the
leasing company.
They say they have put the case on hold for 14 days to allow the
registered keeper to make the representations on my behalf or
make the discount payment of £65.
Given the leasing company will not do that; as far as they're
concerned, liability for any parking fines are my responsibility
under the leasing contract; what should my next step be?
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