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PCN 52J - Phoenix Way (Heston Services)
mst1984
post Wed, 29 May 2019 - 10:02
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On 21/05/19 I received a PCN dated 20/05/19 from the London Borough of Hounslow alleging that I contravened 52J: Failing to comply with a prohibition on certain types of vehicle at Phoenix Way (Heston Services) on 11/01/19 (yes, 11/01/19...129 days prior!). The only possible reason I can think of for why it has taken LBH 4 months and 9 days to issue me with this PCN is that my vehicle is leased and therefore not actually registered to me at my home address, however, I believe that in any case this amount of time is excessive.

I have had a look at other topics dealing with this specific contravention and I note the representations that have been submitted, but in this case, and having read through the London Local Authorities and Transport for London Act 2003 I have submitted an initial appeal under Section 6(1) of the aforementioned Act, which states:-

"Subject to the provisions of this section, no penalty charge notice may be served under this Act after the expiry of the period of 28 days beginning with the date on which the alleged contravention or failure to comply occurred."

That said, having had a good look through the LBH online PCN management portal I can see that a PCN was apparently issued on 17/01/19 although to whom I have no idea; I assume it would have been the company I lease the car from. Since then it states that on 17/05/19 a representation submitted was under review, that's 3 days before the date of issue of the PCN sent in the post to me.

My question is really am I going about appealing this in the right way i.e. on the basis that it appears to be out of time according to the provision made in the legislation or am I barking up the wrong tree?
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post Wed, 29 May 2019 - 10:02
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Mad Mick V
post Sun, 8 Sep 2019 - 17:18
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OP---any chance of a sight of Folder H signs?

I have a feeling that they will show signage erected in June 2019 especially the plate stating ‘340 yards’, which of course wasn't there at the time of your contravention.

Mick
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mst1984
post Sun, 8 Sep 2019 - 19:32
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QUOTE (Mad Mick V @ Sun, 8 Sep 2019 - 18:18) *
OP---any chance of a sight of Folder H signs?

I have a feeling that they will show signage erected in June 2019 especially the plate stating ‘340 yards’, which of course wasn't there at the time of your contravention.

Mick






















There are 8 more images in the folder but the forum software will not allow me to post anymore in the thread until another user posts so please feel free to respond again. That said, only 5 of the images are watermarked BEFORE the date of my alleged contravention, the remaining 11 are not and there is nothing newer than 02/05/19.
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mst1984
post Tue, 10 Sep 2019 - 08:19
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What do I need to do now?

I have until Saturday 14/09/19 to submit any further evidence to the Adjudicator - what, if anything, do I need to submit?
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cp8759
post Tue, 10 Sep 2019 - 20:24
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You do need to submit some quite a lot more, I've written the appeal for you and so far I'm at 7 pages, it's almost done but I need one final detail: I need to know exactly when the council supplied its evidence pack to the tribunal (not to you - they might have provided the evidence to the tribunal a day or two earlier than they supplied it to you).

I therefore need you to contact the tribunal helpline and find out exactly when the tribunal received the evidence pack from the council.

Also if the evidence pack you received came with a dated covering letter, please tell me the date of this letter.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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mst1984
post Wed, 11 Sep 2019 - 10:40
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QUOTE (cp8759 @ Tue, 10 Sep 2019 - 21:24) *
You do need to submit some quite a lot more, I've written the appeal for you and so far I'm at 7 pages, it's almost done but I need one final detail: I need to know exactly when the council supplied its evidence pack to the tribunal (not to you - they might have provided the evidence to the tribunal a day or two earlier than they supplied it to you).

I therefore need you to contact the tribunal helpline and find out exactly when the tribunal received the evidence pack from the council.

Also if the evidence pack you received came with a dated covering letter, please tell me the date of this letter.


Wow...thank you!

I have just spoken with the tribunal helpline who have confirmed that they received the evidence pack on 06/09/19, which is the same day that I received it via email. I didn't receive any sort of covering letter over & above what is contained within the pack and also dated 06/09/19, hope this helps.

Please let me know if there is anything else that you need.

This post has been edited by mst1984: Wed, 11 Sep 2019 - 10:40
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cp8759
post Wed, 11 Sep 2019 - 14:37
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Draft appeal: http://bit.ly/2lQU3tJ

You'll need to download this, replace your user name with your real name (see bit in red), change text to black and then save as a PDF. Of course make sure to proof read and check that you're happy with the contents before uploading it to the tribunal.

You will also need to supply the following previous cases to the tribunal:

Yadevinder Hothi v London Borough of Hounslow (2180474156, 05 January 2019) http://bit.ly/2vlXb2t
Nisha Patel v London Borough of Hounslow (2190096099, 13 April 2019) http://bit.ly/2Ds5cYf
Alistair Kelly v London Borough of Hounslow (2190228928, 05 August 2019) http://bit.ly/31yv8L6
Ariana Autos v London Borough of Hounslow (2190285397, 30 August 2019) http://bit.ly/2ZAfSA1
Paul Richard David v The Royal Borough of Kensington and Chelsea (1970198981, 30 March 1998) http://bit.ly/2FcqWXP
Jose Luis Aguilar v London Borough of Newham (217042413A, 26 October 2017) http://bit.ly/2QvGj2O

We can't make any guarantees but I'd be very surprised if you didn't win.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Mad Mick V
post Wed, 18 Sep 2019 - 15:08
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Two other cases----Martin 20190306216 and this one which details the TRO c*ck - up nicely (my bold):-

2190299609
The Penalty Charge Notice alleges the contravention of failing to comply with a prohibition on certain types of vehicle. The Penalty Charge Notice states that the vehicle was seen in Phoenix Way ( services)

The CCTV footage shows the appellant's car driving past signs indicating that vehicles are prohibited.

The local authority provides the Traffic Management Order that was in operation on 21st March 2019. I am aware that the Traffic Management Order has subsequently been updated.

The issue of whether the Traffic Management Order creates the prohibition that is referred to in the Penalty Charge Notice was considered, at length, by Adjudicator Michael Greenslade in the appeal of Martin 20190306216. The decision was made following a hearing attended by representatives of the local authority.

I agree with the reasoning of the Adjudicator in the case of Martin and I allow this appeal. I find that Traffic Management Order 97 of 2018 creates a prohibition on vehicles entering Phoenix Way. The CCTV footage shows the vehicle leaving Phoenix Way.

I allow this appeal.


-------------------------




Mick


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mst1984
post Thu, 26 Sep 2019 - 12:54
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The decision from the London Tribunals Adjudicator is in and I, or should I say WE, won!





At the risk of sounding ungrateful I can't help but feel a little (just a little) disappointed that the Adjudicator did not consider the other representations, however, I do understand the reason why.

Thank you so much for all of your help; in particular thanks to cp8759 without whom I'm not sure I could've challenged this biggrin.gif
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makara
post Thu, 26 Sep 2019 - 13:36
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Well done!
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