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Bromley moving traffic contraventions
Nobel
post Sun, 14 Nov 2021 - 16:52
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Bromley Council began enforcing moving traffic contraventions in September 2021 & began issuing PCNs in October 2021.

These are issued under the London Local Authorities & Transport for London Act 2003, which requires local authorities to publish their intentions in a local paper & the London Gazette at least 3 months prior to the date fixed for the adoption of these powers.

I discovered the notice published in the London Gazette dated 20th January 2021 which stated that the Council intended to commence the operation of these powers from 1st April 2021.

As this is less than the three months’ notice required by the legislation, I expect this to be a winning point in my appeal to the adjudicators & thought this might be useful information for anyone else fighting such an appeal.

In fact, I believe it may mean that any such moving traffic PCNs issued by Bromley Council might be unenforceable as they have not complied with the legislation, under which they are issuing these PCNs.

Any comments welcomed.




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post Sun, 14 Nov 2021 - 16:52
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cp8759
post Wed, 17 Nov 2021 - 17:23
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Fair point, the 28 day period is blatantly wrong and misleading, possibly the worst we've seen. So even if the discount were available I'd recommend to appeal this without reservation.


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Nobel
post Wed, 17 Nov 2021 - 17:56
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Sorry to be ignorant, but if you could explain the problem with the 28 day wording that would be much appreciated
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cp8759
post Wed, 17 Nov 2021 - 17:59
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QUOTE (Nobel @ Wed, 17 Nov 2021 - 17:56) *
Sorry to be ignorant, but if you could explain the problem with the 28 day wording that would be much appreciated

The Act says you have 28 days from the date of service of the notice to make representations, and after that date the council may issue a charge certificate.

So while the wording at the top saying you have 28 days from the date of the notice to pay is correct, the wording further down that says you have 28 days from the date of the notice to make representations is wrong, the wording that tells you they may issue a charge certificate if you do neither after 28 days from the date of the notice is also wrong.

As they're illegally shortening the time you have to make representations, the tribunal will generally rule that the PCN is invalid. Some cases are more ambiguous but this one is really clear-cut.


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Neil B
post Wed, 17 Nov 2021 - 18:32
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They get it right on page two but, for me, that contradiction just renders it confusing.


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Nobel
post Wed, 17 Nov 2021 - 19:20
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Great, thanks very much
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Neil B
post Wed, 17 Nov 2021 - 19:37
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Just wait while we formulate a very skeleton appeal.

That's all that is needed until we see if they are going to contest.

40% of appeals don't even get contested.


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Nobel
post Mon, 22 Nov 2021 - 16:28
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Your help in forming a skeleton reply would be much appreciated, thanks very much
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Neil B
post Mon, 22 Nov 2021 - 16:54
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I've asked cp8759 to assist you as I'm dealing with something else.


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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cp8759
post Mon, 22 Nov 2021 - 17:34
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Skeleton appeal (the relevant ground you need to select is that the penalty demanded exceeds the amount due:

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The penalty demanded exceeds the amount due in the circumstances of the case, due to the authority failing to comply with the requirements of the statutory scheme. Page 1 of the PCN asserts that any representations made after 28 days beginnig with the date of the PCN may be disregarded, and that after that period has elapsed the authority may issue a charge certificate. Both these assertions are wrong as the 28 day period runs from the date of service of the notice, rather than from the date of the notice.

As the PCN purports to shorten the statutory timeframe a motorist has to make representations by two days, the only penalty that may be demanded is nil. The tribunal is referred to the following decisions on this point: Joan Sanders v London Borough of Barnet (2190464396, 04 December 2019), Richard Moxon v London Borough of Barnet (2190550793, 22 January 2020), Heena Rehman v London Borough of Barnet (2190555287, 21 February 2020), Ross Fowler v London Borough of Islington (2190213228, 27 June 2019), Fahad Sheikh v London Borough of Havering (2190290058, 17 August 2019), Adam Jones v London Borough of Havering (2190374806, 09 October 2019), Tomasz Szadowski v London Borough of Southwark (2210069591, 06 April 2021) and Oishik Banerji v London Borough of Southwark (2210175577, 28 May 2021)

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Ask for a telephone hearing rather than a decision on the papers.

This post has been edited by cp8759: Tue, 23 Nov 2021 - 18:37


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Nobel
post Mon, 22 Nov 2021 - 19:51
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Perfect, thanks very much
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Nobel
post Fri, 26 Nov 2021 - 06:55
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As you suggested, Bromley Council has decided not to contest the appeal; thanks once again for the advice & help.
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cp8759
post Fri, 26 Nov 2021 - 10:40
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Nice and easy, I wonder if they'll mess up the wording again when they try and fix the template.


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PASTMYBEST
post Fri, 26 Nov 2021 - 11:07
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QUOTE (cp8759 @ Fri, 26 Nov 2021 - 10:40) *
Nice and easy, I wonder if they'll mess up the wording again when they try and fix the template.


If the follow the route Havering took that will take 2 years


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