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DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
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#Post#: 3070--------------------------------------------------
Re: Barking 52M Failing to comply with prohibition
DIR By: fttboy
Date: August 11, 2023, 5:21 am
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Hi all,
An update. this must be dark humour from Barking & Dagenham. I
received 2 more PCNs for the same date - 27/07/2023, and times,
for Failing to comply with a prohibition on certain types of
vehicle (52M). This time round relating to Station Parade
[previous two were for Longbridge Rd].
So, it appears to be 1 stretch of road that has 2 sections named
differently [Longbridge road and Station parade] with signage
and camera at both ends. Looking at google map (although dated
March 2022; didn't find later versions), there is hardly any way
to avoid getting caught out once you miss the poorly placed
signs.
Is there any way(s) I can improve chances of a reprieve in an
appeal? Every help required now. :'(
Thanks
Links to documents attached;
HTML https://acrobat.adobe.com/id/urn:aaid:sc:EU:ef1a6f25-8a9f-4704-9678-841819467c8e
HTML https://acrobat.adobe.com/id/urn:aaid:sc:EU:2ac8a9c2-1106-4398-b192-df1ef25d2eb3
HTML https://acrobat.adobe.com/id/urn:aaid:sc:EU:d04cc103-6eb2-4af4-8407-2ff3029e0f7f
HTML https://acrobat.adobe.com/id/urn:aaid:sc:EU:3b361481-dc84-4f88-9f5a-5b834eb76f3f
HTML https://acrobat.adobe.com/id/urn:aaid:sc:EU:cc45b5b7-4cdb-4382-b922-7fa674d7e963
HTML https://acrobat.adobe.com/id/urn:aaid:sc:EU:c7443b21-b8fa-45ed-8c6b-0ad68bfc1454
HTML https://acrobat.adobe.com/id/urn:aaid:sc:EU:546d103a-6653-4cd1-9280-2a01bd851b35
HTML https://acrobat.adobe.com/id/urn:aaid:sc:EU:aff38f2d-2cb6-4b35-9cdf-29388c87395b
HTML https://goo.gl/maps/hL7QEiWD79RwYdtg6
#Post#: 3230--------------------------------------------------
Re: Barking 52M Failing to comply with prohibition
DIR By: ivanleo
Date: August 14, 2023, 11:31 am
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[member=385]fttboy[/member] in the circumstances, I would write
a representation inviting the authority to exercise its
discretion by cancelling three of the PCNs, and allowing you to
pay one at the discounted rate.
In order to force them to take a wholistic view, this should be
done in a letter to be sent by post (if you challenge them
online, they'll inevitably be dealt with individually, which we
don't want).
As the PCN requires you to use pages 3 & 4 of the PCN to make a
challenge by post, you'll have to send (all in one envelope):
1) The form on pages 3 & 5 of each PCN, duly completed and
signed, and in the "representations" box just write "see
attached letter"
2) The letter you are going to write.
There is a possibility that they might accept and cancel a
couple of the PCNs.
There is also a possibility that they might ignore the
representation for some of the PCNs and just issue a charge
certificate, which would then give you grounds to file a
statutory declaration and then pursue the case at the tribunal
for failure to consider (which would be an open-and-shut win).
If you go down this route, I would recommend going to the
postbox with all the paperwork, films the various pages so that
the PCN numbers on the form are visible, film the letter, film
yourself putting all the pages in the envelope, sealing the
envelope and posting it. That way, if the council considers
representations for some of the PCNs but not others, they can't
dispute that you did in fact make representations.
In the first instance I suggest you write a draft based on the
arguments of proportionality and put it on here for review.
#Post#: 3270--------------------------------------------------
Re: Barking 52M Failing to comply with prohibition
DIR By: fttboy
Date: August 15, 2023, 5:00 am
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[member=1]cp8759[/member]
Grand plan. Very much appreciated.
I'll post draft shortly.
#Post#: 3283--------------------------------------------------
Re: Barking 52M Failing to comply with prohibition
DIR By: fttboy
Date: August 15, 2023, 8:42 am
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Hi,
[member=1]cp8759[/member] please draft letter of appeal to
council
Dear London Borough of Barking & Dagenham,
I write in regards to the penalty charge notices (PCNs) Barking
& Dagenham 52M Failing to comply with a prohibition on certain
types of vehicles (motor vehicles) on Longbridge Road (Barking)
(Prohibition Zone), and Station Parade (Barking), the vehicle
haven been seen and recorded by road-side cameras between the
hours of 10:17 and 16:26 Hrs on 27/07/2023. And to confirm that
I wish to make a representation and invite the Borough to
exercise discretion in this case, by cancelling three of the
PCNs, and allowing me to pay one at the discounted rate.
Granted that council has the right to issue the PCNs for the
contraventions on back of traffic regulations. I will like to
ask the borough to be mindful of proportionality in pursuing
its statutory rights in this case. As can be seen from the PCNs
the contraventions occurred on the same day and within minutes
of each other in the morning around past 10 am and again in the
afternoon around past 1600 hrs, also being my first time of
driving through the stretch of road named Longbridge
road/Station parade. The objective of the PCN, which is to bring
to the notice of road users the application of the London Local
Authorities and Transport for London Act 2003 with respect to
complying with a prohibition on certain types of motor vehicles
on this particular stretch of road in Barking, is adequately
serve by one PCN. And I wish to submit that paying one PCN
satisfies the exigencies required for contravention 52M.
Thank you for a timely and considerate view of my
representation.
Regards
#Post#: 3304--------------------------------------------------
Re: Barking 52M Failing to comply with prohibition
DIR By: ivanleo
Date: August 15, 2023, 10:50 am
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Slight revision:
[indent]
Dear London Borough of Barking & Dagenham,
I write in regards to the penalty charge notices (PCNs) Barking
& Dagenham 52M Failing to comply with a prohibition on certain
types of vehicles (motor vehicles) on Longbridge Road (Barking)
(Prohibition Zone), and Station Parade (Barking), the vehicle
haven been seen and recorded by road-side cameras between the
hours of 10:17 and 16:26 Hrs on 27/07/2023.
I accept that the council has the right to issue the PCNs for
the contraventions. I would however like to ask the borough to
be mindful of proportionality in pursuing its statutory rights
in this case. As can be seen from the PCNs the contraventions
occurred on the same day and within minutes of each other in the
morning around past 10 am and again in the afternoon around past
1600 hrs, also being my first time driving through the stretch
of road named Longbridge road/Station parade. The objective of
the PCN, which is to enforce moving traffic restrictions, is
adequately served by one PCN. I am obviously now aware of the
restrictions and will not be making the same mistake again, so
it could be said that I have learnt my lesson.
In the circumstances, I invite the council to consider the
totality of the circumstances and allow me to pay one of the
penalty charges at the discounted rate of £65, and cancelling
the remaining three PCNs.
Yours faithfully,
[/indent]
#Post#: 3321--------------------------------------------------
Re: Barking 52M Failing to comply with prohibition
DIR By: fttboy
Date: August 15, 2023, 3:38 pm
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[member=1]cp8759[/member]
Awesome. Couldn't agree more with absolutely spot on revisions.
I'll type the letter now and prepare all documents for posting
with recorded delivery 2mrw, filming every step as you advised.
Will let you know how it goes.
Thanks again for the immense help.
#Post#: 3323--------------------------------------------------
Re: Barking 52M Failing to comply with prohibition
DIR By: ivanleo
Date: August 15, 2023, 3:41 pm
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--- Quote from: fttboy link ---
>
> [member=1]cp8759[/member]
> Awesome. Couldn't agree more with absolutely spot on
revisions.
> I'll type the letter now and prepare all documents for posting
with recorded delivery 2mrw, filming every step as you advised.
> Will let you know how it goes.
> Thanks again for the immense help.
>
--- End Quote ---
You don't need to send it recorded delivery, 1st class post is
fine.
#Post#: 6414--------------------------------------------------
Re: Barking 52M Failing to comply with prohibition
DIR By: fttboy
Date: September 30, 2023, 7:42 am
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UPDATE ON THIS MATTER
I received reply from Barking & Dagenham. There were four
separate letters, the first was Notice of rejection of
representation for PCN number BZ99502628. But the following
three were letters of cancellation on goodwill gesture only.
They appear to have acceded to the request to pay one of the
penalty charges at the discounted rate
I have attached letters.
[attachment deleted by admin]
#Post#: 6415--------------------------------------------------
Re: Barking 52M Failing to comply with prohibition
DIR By: fttboy
Date: September 30, 2023, 7:45 am
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the other part of notice of rejection
[attachment deleted by admin]
#Post#: 6416--------------------------------------------------
Re: Barking 52M Failing to comply with prohibition
DIR By: fttboy
Date: September 30, 2023, 7:49 am
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The other three letters of cancellation on goodwill gesture
[attachment deleted by admin]
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