DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 70302--------------------------------------------------
Re: Code:31 J Entering & Stopping in a Box Junction
DIR By: mitaab
Date: May 6, 2025, 2:53 pm
---------------------------------------------------------
--- Quote from: Hippocrates link ---
>
> Nope. I will draft later as this is slightly more complicated
than the case won.
>
--- End Quote ---
Much obliged!
#Post#: 70401--------------------------------------------------
Re: Code:31 J Entering & Stopping in a Box Junction
DIR By: Hippocrates
Date: May 7, 2025, 8:16 am
---------------------------------------------------------
I am snowed under with cases but will do a draft later today.
Best to get it right first time.
#Post#: 70414--------------------------------------------------
Re: Code:31 J Entering & Stopping in a Box Junction
DIR By: mitaab
Date: May 7, 2025, 9:31 am
---------------------------------------------------------
--- Quote from: Hippocrates link ---
>
> I am snowed under with cases but will do a draft later today.
Best to get it right first time.
>
--- End Quote ---
Fully agree. I look forward to receiving the draft, many thanks!
Take your time. On the LA website, it says "The amount
outstanding on the Penalty Charge Notice will increase to
£160.00 on Wed, 14 May 2025. Please pay £80.00 now." Plenty of
time.
#Post#: 70427--------------------------------------------------
Re: Code:31 J Entering & Stopping in a Box Junction
DIR By: Hippocrates
Date: May 7, 2025, 11:21 am
---------------------------------------------------------
That date is wrong. It increases on day 15 from the date of the
PCN.
#Post#: 70632--------------------------------------------------
Re: Code:31 J Entering & Stopping in a Box Junction
DIR By: Hippocrates
Date: May 9, 2025, 4:58 am
---------------------------------------------------------
Dear Council
I make these two collateral challenges:
The PCN
The PCN wrongly states which action triggers the period in which
the council may serve a charge certificate: “If the Penalty
Charge is not paid before the end of the period of 28 days
beginning with the date of service of this notice an increased
charge of £240.00 (less money paid) may be payable and a Charge
Certificate may be sent on you seeking this amount.” The law
states at Schedule 1 5:
1)Where a penalty charge notice is served on any person and the
penalty charge to which it relates is not paid before the end of
the relevant period, the enforcing authority may serve on that
person a statement (in this paragraph referred to as a “charge
certificate”) to the effect that the penalty charge in question
is increased by 50 per cent.
(2)The relevant period, in relation to a penalty charge notice
is the period of 28 days beginning—
(a)where no representations are made under paragraph 1 above,
with the date on which the penalty charge notice is served;
Further, the PCN does not inform me with regard to the service
of a Charge Certificate if representations are not made by the
end of the said period. Please refer to Case No: 224038612A.
The website
The date regarding the increase to £160 is clearly wrong. It is
essential that appellants are correctly informed of the
statutory dates of what and when to pay.
In light of the above, please cancel the PCN
***
Keep a screenshot of the website and adduce it as evidence. I
cannot access as do not have the PCN and VRM details!
#Post#: 75299--------------------------------------------------
Re: Code:31 J Entering & Stopping in a Box Junction
DIR By: mitaab
Date: June 7, 2025, 3:48 pm
---------------------------------------------------------
Notice of Rejection!
Received the NoR, in which the LA completely turned a blind eye
to my ground of representations, as recommended by
[member=24]Hippocrates[/member], and didn't mention a single
word about it. Is this act not considered 'frivolous, vexatious
or wholly unreasonable'?
NoR_1:
HTML https://ibb.co/MxvXh3Mn
NoR_2:
HTML https://ibb.co/TDgQzvCZ
#Post#: 75304--------------------------------------------------
Re: Code:31 J Entering & Stopping in a Box Junction
DIR By: Pastmybest
Date: June 7, 2025, 4:10 pm
---------------------------------------------------------
I made this argument to the TPT with regards to a fail to
concider It won the day as the adjudicator did not find on the
other arguments
Extract from the appeal decision by the adjudicator
3. When Mr Yousef made both informal and formal representations
to the council in respect of the PCN he referred to the grounds
of appeal as detailed above but in rejecting those challenges
the council did not address the limb of his appeal that was
concerned with the method of payment using a premium rate
telephone number. It was therefore Mr Allen’s submission that in
failing to respond to this ground of appeal there had been a
procedural impropriety on the part of the council, a further
ground of appeal and that the PCN should not then be enforced.
Mr Allen provided case law in support of his submission,
specifically The King (On the application of Halton Borough
Council) and Road User Charging Adjudicators and Damian Curzon
[2023] EWHC 303 Admin, provided at evidence tab 23 and it was
his view I should determine the appeal without adjourning to
enable the council to respond to his submissions in these
respects.
4. In considering Mr Allen’s submissions it was my view that the
council should have a further opportunity to address the issues
relating to the use of a premium phone line to pay the PCN and
the issue of procedural impropriety and I adjourned the hearing
to enable the council to respond by January 8th 2024. To date
the council has not responded and so I have considered the
appeal on the basis of the evidence that is available to me.
5. In The King (On the application of Halton Borough Council)
and Road User Charging Adjudicators and Damian Curzon [2023] Mr
Justice Fordham considered the extent to which there had been
procedural impropriety on the part of the council and or their
agents in the consideration of representations made to them
following the issue of PCNs and he said, “The "procedural
impropriety" enquiry is straightforward and clear-cut. It would
ask: has there been consideration at all?” and whilst the
council did deal with the other limbs of Mr Yousef’s appeal, I
cannot find there has been any consideration of the submissions
in respect of the premium phone line and for this reason alone I
would find there has been a procedural impropriety and I would
allow the appeal.
#Post#: 75308--------------------------------------------------
Re: Code:31 J Entering & Stopping in a Box Junction
DIR By: mitaab
Date: June 7, 2025, 4:53 pm
---------------------------------------------------------
--- Quote from: Pastmybest link ---
>
> I made this argument to the TPT with regards to a fail to
concider It won the day as the adjudicator did not find on the
other arguments
>
>
> Extract from the appeal decision by the adjudicator
>
> 3. When Mr Yousef made both informal and formal
representations to the council in respect of the PCN he referred
to the grounds of appeal as detailed above but in rejecting
those challenges the council did not address the limb of his
appeal that was concerned with the method of payment using a
premium rate telephone number. It was therefore Mr Allen’s
submission that in failing to respond to this ground of appeal
there had been a procedural impropriety on the part of the
council, a further ground of appeal and that the PCN should not
then be enforced. Mr Allen provided case law in support of his
submission, specifically The King (On the application of Halton
Borough Council) and Road User Charging Adjudicators and Damian
Curzon [2023] EWHC 303 Admin, provided at evidence tab 23 and it
was his view I should determine the appeal without adjourning to
enable the council to respond to his submissions in these
respects.
> 4. In considering Mr Allen’s submissions it was my view that
the council should have a further opportunity to address the
issues relating to the use of a premium phone line to pay the
PCN and the issue of procedural impropriety and I adjourned the
hearing to enable the council to respond by January 8th 2024. To
date the council has not responded and so I have considered the
appeal on the basis of the evidence that is available to me.
> 5. In The King (On the application of Halton Borough Council)
and Road User Charging Adjudicators and Damian Curzon [2023] Mr
Justice Fordham considered the extent to which there had been
procedural impropriety on the part of the council and or their
agents in the consideration of representations made to them
following the issue of PCNs and he said, “The "procedural
impropriety" enquiry is straightforward and clear-cut. It would
ask: has there been consideration at all?” and whilst the
council did deal with the other limbs of Mr Yousef’s appeal, I
cannot find there has been any consideration of the submissions
in respect of the premium phone line and for this reason alone I
would find there has been a procedural impropriety and I would
allow the appeal.
>
--- End Quote ---
Much obliged, [member=156]Pastmybest[/member].
Prior to receiving your post, I was hesitating between paying
the £80 and going to the Tribunal. Now I have decided to take it
all the way to the Tribunal.
#Post#: 75317--------------------------------------------------
Re: Code:31 J Entering & Stopping in a Box Junction
DIR By: Hippocrates
Date: June 8, 2025, 1:30 am
---------------------------------------------------------
Take your pick as to your representative. ;D I have made a
formal complaint under The Nolan Principles.
#Post#: 75392--------------------------------------------------
Re: Code:31 J Entering & Stopping in a Box Junction
DIR By: Pastmybest
Date: June 8, 2025, 11:35 am
---------------------------------------------------------
--- Quote from: Hippocrates link ---
>
> Take your pick as to your representative. ;D I have made a
formal complaint under The Nolan Principles.
>
--- End Quote ---
I will not be doing any cases at tribunal whilst i continue my
recuperation so take it Hippo, use the quote if yu want or the
case is on cp's file also the high court ruling
*****************************************************
Page 2 of 3
DIR Previous Page
DIR Next Page