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#Post#: 47407--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: Hippocrates Date: November 28, 2024, 5:04 am
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[quote author=WaltWhite link=topic=4018.msg47385#msg47385
date=1732779692]
Hi
The 14 days are up today so I will put in a representation.
Would something to do with the signage be the way forward here,
or is there anything else you might suggest?
Any help with wording would be appreciated
Thanks again
[/quote]
Please hold fire. Please screenshot the page with the grounds
NOT allowed.
#Post#: 47483--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: WaltWhite Date: November 28, 2024, 11:29 am
---------------------------------------------------------
[quote author=Hippocrates link=topic=4018.msg47407#msg47407
date=1732791876]
[quote author=WaltWhite link=topic=4018.msg47385#msg47385
date=1732779692]
Hi
The 14 days are up today so I will put in a representation.
Would something to do with the signage be the way forward here,
or is there anything else you might suggest?
Any help with wording would be appreciated
Thanks again
[/quote]
Please hold fire. Please screenshot the page with the grounds
NOT allowed.
[/quote]
[img width=1100
height=567]
HTML https://imgur.kageurufu.net/fHP1mXG.jpeg[/img]
[img width=1100
height=494]
HTML https://imgur.kageurufu.net/Pk4ixtJ.jpeg[/img]
[img width=1100
height=568]
HTML https://imgur.kageurufu.net//pwQOP7I.jpeg[/img]
[img width=1100
height=559]
HTML https://imgur.kageurufu.net//pefV1t9.jpeg[/img]
[img width=1100
height=551]
HTML https://imgur.kageurufu.net/ApMUCbu.jpeg[/img]
[img width=1100
height=564]
HTML https://imgur.kageurufu.net/JNyXbyR.jpeg[/img]
#Post#: 47484--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: WaltWhite Date: November 28, 2024, 11:31 am
---------------------------------------------------------
[quote author=H C Andersen link=topic=4018.msg47402#msg47402
date=1732790966]
14 days isn't relevant as regards reps, it only affects the
discount.
The PCN does not say that unsuccessful reps made no later than
the 14-day period would secure the discount for a further 14
days.
Talking of reps, Hippocrates might care to consider weaving this
into any appeal or reps:
(8)A penalty charge notice under this section must—
(a)state—
.....
(viii)that the person on whom the notice is served may be
entitled to make representations under paragraph 1 of Schedule 1
to this Act;
IMO, this PCN does not and omits vital information. Instead, it
invites the recipient to join up dots and reach a conclusion
which is improper: it should be absolutely clear.
Schedule 1 to the Act:
Representations against penalty charge notice
1(1)Where it appears to a person on whom a penalty charge notice
has been served under section 4 (Penalty charges for road
traffic contraventions) of this Act (in this Schedule referred
to as “the recipient”) that one or other of the grounds
mentioned in sub-paragraph (4) below is satisfied, he may make
representations to that effect to the enforcing authority.
....
(3)The enforcing authority may disregard any such
representations which are received by them after the end of the
period of 28 days beginning with the date on which the penalty
charge notice in question was served.
(3) is not in the PCN. Instead they invite the recipient to join
up these dots:
From the PCN:
.....
(v)that, if the penalty charge is not paid before the end of the
28 day period, an increased charge may be payable;
(vi)the amount of the increased charge;
Which means what?
That the recipient cannot make reps after the 28-day period as
if issuing a CC draws a line under matters? If so, it is
non-compliant.
A recipient MUST BE TOLD that they may make reps at any time,
but that if made after the 28-day period these MAY be
disregarded.
For regular posters, IMO this is a safety net equivalent to an
OOT SD or late appeal to the adjudicator i.e reasons for
lateness.
There might be 1000 reasons why reps are made late and which,
when the reason is presented to the authority, obliges them, by
virtue of their public law duty, to act fairly and consider.
This doesn't bear upon the substance of reps, but simply the
reasons for lateness.
This PCN doesn't convey this info...other than possibly to those
steeped in road traffic law(or, in the case of this council,
folklore) because it's what we know it's supposed to say and
only join up dots leading to this end.
[/quote]
Does it not say here online that it would secure the discount if
representation made within 14 days?
[img width=1100
height=567]
HTML https://imgur.kageurufu.net/fHP1mXG.jpeg[/img]
#Post#: 47506--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: Hippocrates Date: November 28, 2024, 2:05 pm
---------------------------------------------------------
Forget the 14 days as they will reoffer the discount. It really
is very important to put in sound representations.
Please put up your own draft first.
My main issues:
1. The sign is proscribed.
2. Their website fetters discretion re the grounds not allowed.
3. The representation page fetters to one ground only.
2 and 3 come under a collateral challenge.
#Post#: 47508--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: Hippocrates Date: November 28, 2024, 3:12 pm
---------------------------------------------------------
[quote author=Hippocrates link=topic=4018.msg47407#msg47407
date=1732791876]
[quote author=WaltWhite link=topic=4018.msg47385#msg47385
date=1732779692]
Hi
The 14 days are up today so I will put in a representation.
Thanks again
[/quote]
Please hold fire. Please screenshot the page with the grounds
NOT allowed.
[/quote]
No they are not. The deemed date of service is the 18th
November. Also, you have until 15th December to make
representations.
Forget about the 14 days unless you want to pay it. That is
December 1st - not today. You count NOT the weekend, just two
working days.
#Post#: 47921--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: WaltWhite Date: December 2, 2024, 3:07 pm
---------------------------------------------------------
[quote author=Hippocrates link=topic=4018.msg47506#msg47506
date=1732824349]
Forget the 14 days as they will reoffer the discount. It really
is very important to put in sound representations.
Please put up your own draft first.
My main issues:
1. The sign is proscribed.
2. Their website fetters discretion re the grounds not allowed.
3. The representation page fetters to one ground only.
2 and 3 come under a collateral challenge.
[/quote]
Here is my draft representation. I don't have a lot to add other
then what has been suggested here. Feel free everyone to make
suggestions if you wish...
Dear Sir Madam,
I am writing to formally challenge the Penalty Charge Notice
(PCN) number AF....... issued to myself for allegedly failing to
comply with traffic restrictions on Cleveland Rd, Ilford IG1. I
believe that this charge has been unfairly issued and wish to
present my case for your consideration.
Firstly the sign indicating the restriction against traffic is
not of the 'hinged' type that should be only visible during
School Term Time. This type of sign has not received
authorisation as suitable signage to traffic outside of the
School zone, from the Department of Transport, rending the PCN
here null and void.
Secondly when attempting to make an online representation
against this PCN, the website fetters discretion with regards to
the grounds allowed. The LB Redbridge website indicates which
grounds will not be considered here, and a public body should
not adopt such a rigid policy that prevents it from exercising
discretion in individual cases.
Finally the online representation page fetters to only one
ground only for representation. Again this is unfair and does
not allow for proper consideration of the possible grounds for a
PCN to be contested.
I look forward to hearing from you at your earliest convenience.
Kind regards
Should I include any photos? I don't think they will reveal
anything much...
#Post#: 47991--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: Hippocrates Date: December 3, 2024, 4:39 am
---------------------------------------------------------
I would include the relevant screenshots and I am also
considering HCA's point about the PCN. I have a case today but
will get back in the evening to tweak.
#Post#: 49065--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: WaltWhite Date: December 9, 2024, 11:09 am
---------------------------------------------------------
[quote author=Hippocrates link=topic=4018.msg47991#msg47991
date=1733222387]
I would include the relevant screenshots and I am also
considering HCA's point about the PCN. I have a case today but
will get back in the evening to tweak.
[/quote]
Hi [member=24]Hippocrates[/member] and all other valued
contributors, I would welcome any tweaks you can think of to my
draft representation?
Thanks again
#Post#: 49107--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: Hippocrates Date: December 9, 2024, 3:17 pm
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Looks good to me as per my draft. Include the screenshots.
#Post#: 49129--------------------------------------------------
Re: LB Redbridge 53j - Cleveland Rd, Ilford IG1 Failing to compl
y with restriction on vehicles entering pedest zone (cam
By: WaltWhite Date: December 9, 2024, 4:30 pm
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I can’t see your draft [member=24]Hippocrates[/member]
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