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Partner received a PCN- contravention code 50r No right turn
j_nichol20
post Sun, 23 Jun 2019 - 11:08
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I am really hoping someone can help?
Yesterday my partner recieved a PCN for making a right turn on a no right turn junction at Harold Hill.

He has a feeling he may have done this another time 2 days later so just waiting on the next one! (May even be another one too šŸ˜«)

I am really hoping to win the appeals on these.

The time that my partner made these incorrect turns, he was working for a very very difficult customer. He is a self employed kitchen fitter doing lots of extra works. He was so stressed at the time as he didnt have a day off for over 3 weeks due to jobs over running due to no fault of his own.
The customer made my partners life hell at this time and caused my partner to have a breakdown šŸ˜¢ and hasnt been able to return to work since (5th June) due to his mental health.
I am currently a stay at home mum so we rely on his income. As you can imagine, just one fine is too much and the stress of having another 1 maybe 2 is just something that is causing him so much more stress.
I know he made the mistake but at the time he was so stressed.
So, I am really hoping someone can see a ground to appeal on his PCN (Ive attached a copy)

PCN 1

PCN 2

PCN 3
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post Sun, 23 Jun 2019 - 11:08
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j_nichol20
post Sun, 18 Aug 2019 - 07:55
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Thank you Mick. I will add this.

QUOTE (PASTMYBEST @ Mon, 5 Aug 2019 - 14:31) *
QUOTE (j_nichol20 @ Mon, 5 Aug 2019 - 13:35) *
Just wondering what the likeliness of winning this at the adjudicator stage? Am i right in thinking that if the date of the rejection letter was the 22nd July, i have until today to pay at the reduced rate, or do i get another day or two due to the postage? Many thanks.


You have until tomorrow to pay the discount . I would not I think there is a good chance at adjudication, and if you save the cost of a cup of coffee a week between now and when you would have to pay you would save the difference. If you win you have that cash +the Ā£65 you would have paid for a treat.

This is an appeal for the same reason we would also make an argument that the council did not consider your reps.


1:-The penalty charge exceeded the amount applicable in the circumstances of the case.

The last section of page two of the PCN is entitled Making representation The last sentence of the first paragraph of this section says ā€œ We may disregard any representations received after the period of 28 days beginning with the date of this penalty charge noticeā€ The PCN is dated the 22nd of May so the date that the council say they may disregard the representation would be the 18th of June.

The regulations however state at 1(3) of schedule 1 :- 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. This would be on the 20th of June some two days later

Service being calculated as two working days after date of notice ( taken as date of posting absent any evidence otherwise)

It is clear that the PCN truncates the representation period by two days

This same error in the time by which the council may act is repeated at paragraph three of this section states that the council may serve a charge certificate if payment or representations are not made within 28 days beginning with the date of the penalty charge notice.

This is the same error as above. Regulation 5(2)(a) of schedule 1 states :- where no representations are made under paragraph 1 above, with the date on which the penalty charge notice is served;

I submit that these two errors within the text of the PCN alone give grounds for the cancellation of the PCN.

It should be noted that the tribunal has been asked to find on a litany of errors within the Havering PCN template over a period of time 2180467605 2180482325 2180482325 2190005446 2190022751 being just a few. Although the error in these cases is slightly different in that they use the date of service rather than the date of notice for the payment period this is still at odds with the regulations and the adjudicators have found this renders the PCN unenforceable.

The error in the cases did in fact allow a more generous period than that allowed. In this case it is the opposite, the period is truncated to the detriment of the appellant






If you decide to go to adjudication do not copy and paste that it needs amending to be case specific




Am i also adding this into my appeal too?
Is there a better chance of winning the appeal if I have more than one thing I can appeal on?
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PASTMYBEST
post Sun, 18 Aug 2019 - 08:00
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QUOTE (j_nichol20 @ Sun, 18 Aug 2019 - 08:55) *
Thank you Mick. I will add this.

QUOTE (PASTMYBEST @ Mon, 5 Aug 2019 - 14:31) *
QUOTE (j_nichol20 @ Mon, 5 Aug 2019 - 13:35) *
Just wondering what the likeliness of winning this at the adjudicator stage? Am i right in thinking that if the date of the rejection letter was the 22nd July, i have until today to pay at the reduced rate, or do i get another day or two due to the postage? Many thanks.


You have until tomorrow to pay the discount . I would not I think there is a good chance at adjudication, and if you save the cost of a cup of coffee a week between now and when you would have to pay you would save the difference. If you win you have that cash +the Ā£65 you would have paid for a treat.

This is an appeal for the same reason we would also make an argument that the council did not consider your reps.


1:-The penalty charge exceeded the amount applicable in the circumstances of the case.

The last section of page two of the PCN is entitled Making representation The last sentence of the first paragraph of this section says ā€œ We may disregard any representations received after the period of 28 days beginning with the date of this penalty charge noticeā€ The PCN is dated the 22nd of May so the date that the council say they may disregard the representation would be the 18th of June.

The regulations however state at 1(3) of schedule 1 :- 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. This would be on the 20th of June some two days later

Service being calculated as two working days after date of notice ( taken as date of posting absent any evidence otherwise)

It is clear that the PCN truncates the representation period by two days

This same error in the time by which the council may act is repeated at paragraph three of this section states that the council may serve a charge certificate if payment or representations are not made within 28 days beginning with the date of the penalty charge notice.

This is the same error as above. Regulation 5(2)(a) of schedule 1 states :- where no representations are made under paragraph 1 above, with the date on which the penalty charge notice is served;

I submit that these two errors within the text of the PCN alone give grounds for the cancellation of the PCN.

It should be noted that the tribunal has been asked to find on a litany of errors within the Havering PCN template over a period of time 2180467605 2180482325 2180482325 2190005446 2190022751 being just a few. Although the error in these cases is slightly different in that they use the date of service rather than the date of notice for the payment period this is still at odds with the regulations and the adjudicators have found this renders the PCN unenforceable.

The error in the cases did in fact allow a more generous period than that allowed. In this case it is the opposite, the period is truncated to the detriment of the appellant






If you decide to go to adjudication do not copy and paste that it needs amending to be case specific




Am i also adding this into my appeal too?
Is there a better chance of winning the appeal if I have more than one thing I can appeal on?


almost certainly, it will be the main point, refined for your specific case. Just to make things a bit easier please post your representations and the rejection in this post together so I can cross reference them


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j_nichol20
post Sun, 18 Aug 2019 - 08:10
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I made my first representations online. I looked on there to see if I can see my appeal but I can't find it on there? Do you know if its possible to find it and for some reason I'm looking incorrectly?

QUOTE (j_nichol20 @ Sat, 3 Aug 2019 - 18:02) *
I sent the appeal online, is there a way of finding my appeal on there?

QUOTE (Neil B @ Mon, 1 Jul 2019 - 23:00) *
Just send this - The parts in blue.

Representations against PCN xxxxxxxxxxxxx VRM xxxx xxx

Name (registered keeper)

Open with something about the stressful circumstances you told us about and honest mistake etc.
Show here before sending.

Then -

The Penalty Charge exceeds the amount due in the circumstances of the case.

Your PCN appears not to comply with the applicable legislation.

On page two, under ā€˜Making Representationā€™, first para, final sentence, states "We may disregard any representations received after the period of 28 days beginning with the date of this PCN"

Whereas the legislation prescribes that you may only '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.'
This is clearly prejudicial; curtailing the time I legally have the right to make such representations.

Similarly, at the bottom of the same page, the PCN misstates the point in time when you may legally serve a Charge Certificate; making the same error of timescale.
This potentially has the same effect as the first discrepancy; curtailing the time legally available to me.
As the PCN does not appear compliant with the relevant legislation I believe it a nullity and no penalty is due.


I look forward to your early confirmation the PCN has been cancelled.



With that line spacing and bold/underline where I have.



This is what I put in the appeal, starting with our stressful circumstances.
Sorry, I have tried looking online to see if I can find my appeal and can only see the option to pay.



This is what i added to my appeal. Hope this would help.
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j_nichol20
post Sun, 18 Aug 2019 - 08:35
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Appeal rejection letter

Appeal rejection letter back




This rejection letter also included a form with my right to appeal from London Tribunal, did you need to see a copy of this too?


This post has been edited by j_nichol20: Sun, 18 Aug 2019 - 08:35
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PASTMYBEST
post Sun, 18 Aug 2019 - 08:59
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QUOTE (j_nichol20 @ Sun, 18 Aug 2019 - 09:35) *
Appeal rejection letter

Appeal rejection letter back




This rejection letter also included a form with my right to appeal from London Tribunal, did you need to see a copy of this too?



Brill just going to have late breakfast with my wife then I will do it should only be a couple of hours


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j_nichol20
post Sun, 18 Aug 2019 - 09:25
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Perfect, thank you so much.
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PASTMYBEST
post Sun, 18 Aug 2019 - 12:17
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Don't know why but I cannot create a one drive link but will work it out. Here is a draft I think I have got the formatting right as to the bold underlining and italics but when I sort out onedrive I will link a copy

Appeal against the imposition and enforcement of PCN number xxxxxx
Vehicle registration mark AA23 BCD

your details

I make this appeal by way of collateral challenge under the statutory ground of The penalty charge exceeded the amount applicable in the circumstances of the case. This comes about as the authority's documents both penalty charge notice and notice of rejection fail to comply with the regulations. There are three limbs to the appeal..

Background

I received this PCN on or about the 24th of June, from its content I could not ascertain what it was alleged I had done wrong. I undertook some research and found from the regulations the flaws within the PCN as detailed in my representation to the authority and that if the PCN document is flawed then enforcement cannot be advanced on the strength of that flawed document .

Point one of my appeal being in essence the same as my representation


1:-The penalty charge exceeded the amount applicable in the circumstances of the case.

The last section of page two of the PCN is entitled Making representation The last sentence of the first paragraph of this section says ā€œ We may disregard any representations received after the period of 28 days beginning with the date of this penalty charge noticeā€ The PCN is dated the 20th of June, this being the case the date that the council say they may disregard the representation would be the 17h of July

The regulations however state at 1(3) of schedule 1 :- 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. Service being calculated as two working days after date of notice ( taken as date of posting absent any evidence otherwise)
This would be on the 21st of July Accounting for the weekend when service is not deemed to be effected some four days later


It is clear that the PCN truncates the representation period by four days as a consequence prejudicing my right to make an appeal within the statutory timescale

This same error in the time by which the council may act is repeated at paragraph three of this section states that the council may serve a charge certificate if payment or representations are not made within 28 days beginning with the date of the penalty charge notice.

This is the same error as above. Regulation 5(2)(a) of schedule 1 states :- where no representations are made under paragraph 1 above, with the date on which the penalty charge notice is served;

I submit that these two errors within the text of the PCN alone give grounds for the cancellation of the PCN.

It should be noted that the tribunal has been asked to find on a litany of errors within the Havering PCN template over a period of time 2180467605 2180482325 2180482325 2190005446 2190022751 being just a few. Although the error in these cases is slightly different in that they use the date of service rather than the date of notice for the payment period this is still at odds with the regulations and the adjudicators have found this renders the PCN unenforceable.

The error in the cases did in fact allow a more generous period than that allowed by the regulations. In this case it is the opposite, the period is truncated by a period of four days, to the detriment of the appellant.

QUOTE
2:-The penalty charge exceeded the amount applicable in the circumstances of the case.

The authority responded to my representations, the response did nothing other to confuse me even further. It described my representations as mitigating circumstances. This is not correct. I made representations on a statutory ground.

They tell me signage at the location is in accord with TSRGD 2016 and it is the duty of a driver to comply with those signs , this even though no representation was made about the signage, I do not remember any signs at the location nor are any shown in the photograph made available on the PCN. They then go on to state that any vehicle seen contravening these signs will be given a PCN and they are satisfied that the PCN was served correctly and was correctly issued . Lastly they make comment on the date of postage and that any delay should be taken up with Royal mail directly. This last sentence confusing as much as the rest of the NOR.

This totally confusing notice of rejection led me to undertake further research and to seek advice. A number of point present themselves within the NOR.



1:- that contrary to their common law duty, the authority fetter their discretion in stating any vehicle contravening the signs would be served with a PCN. A council must always maintain the right to not serve or to cancel a PCN for any reason. The NOR removes that right

2:- Regulation 1(7)(a) of schedule 1 of the regulations places on the authority a duty to

(7 )It shall be the duty of the enforcing authority to whom representations are duly made under this paragraphā€”

(a) to consider them and any supporting evidence which the person making them provides and

(b) to serve on that person notice of their decision as to whether they accept that the ground in question has been established.


It is clear from the contents of the notice of rejection that the point put to the council was completely ignored, they rather than complying with their duty rather just telling me I had to pay and including within it points I can only assume are designed to confound
In failing utterly to deal with the representation put to them the council fail utterly to comply with the second part of the regulation To serve upon the person making the representation the reason why they do not accept the ground in question


3:-The penalty charge exceeded the amount applicable in the circumstances of the case.

My further research in trying to understand what I had done to warrant a PCN led my not only to the regulations but to the London councils contravention code list and to the tribunal register.

Upon checking the contravention code list I find that code 50 is listed as Performing a prohibited turn The PCN does not in fact tell me that a turn is prohibited, it merely saying No right turn

I contend that this does not accord with the regulations at 4(8)(a)(i) the grounds on which the council or, as the case may be, Transport for London believe that the penalty charge is payable with respect to the vehicle; This must clearly indicate to me what restriction I am alleged to have contravened . I would refer the adjudicator to [2012] EWHC 3394 (Admin)What was fairly conveyed by the penalty charge notice, read as a whole, The recipient requires clarity that is not forthcoming in the description given on the PCN.

I would further ask that whilst not binding upon them the adjudicator considers the findings of adjudicator Andrew Harman in case reference 2190289795 where he found as follows

The contravention alleged on the PCN is 'Contravention code 50r No Right Turn'.
Upon the appellant raising the point.
I have not been provided by the council with a copy of the applicable Traffic Management Order but I infer that under the Order the contravention of it that is said to have taken place is that this vehicle performed a prohibited turn. The contravention should be so worded on the PCN. The council may particularise the allegation by adding 'no right turn' but the correct contravention must nevertheless be stated on the PCN.
Given it is not I am not satisfied that this PCN is fully compliant.
I make no finding as to any of the other issues raised by either party to the proceedings but for the reason given enforcement may not be pursued.

I thank the adjudicator and ask that for any one or all of the above reasons they find that enforcement of this PCN is flawed and cannot continue and that the PCN be ordered cancelled







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j_nichol20
post Sun, 18 Aug 2019 - 12:58
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Wow, thank you so much for all the detail you have gone into.
I will get this sent over today.
I will keep you updated with the result!
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PASTMYBEST
post Sun, 18 Aug 2019 - 13:46
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QUOTE (j_nichol20 @ Sun, 18 Aug 2019 - 13:58) *
Wow, thank you so much for all the detail you have gone into.
I will get this sent over today.
I will keep you updated with the result!




https://1drv.ms/w/s!AtBHPhdJdppVtz-79bkTaN8GexYj


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j_nichol20
post Sun, 18 Aug 2019 - 14:23
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Thank you, i have just tried adding the above to my appeal under the 'further information about your appeal' but only allowing me to enter 1/3 of the appeal in the box. Im assuming you can only write a certain amount to works. Is there anywhere else I could add this info?
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PASTMYBEST
post Sun, 18 Aug 2019 - 14:42
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QUOTE (j_nichol20 @ Sun, 18 Aug 2019 - 15:23) *
Thank you, i have just tried adding the above to my appeal under the 'further information about your appeal' but only allowing me to enter 1/3 of the appeal in the box. Im assuming you can only write a certain amount to works. Is there anywhere else I could add this info?


If you've sent it it doesn't matter I only linked it because that is what I would normally do and it shows you how I think the formatting should be normally you can add as an attachment but may need to convert to PDF


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cp8759
post Mon, 19 Aug 2019 - 10:46
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QUOTE (j_nichol20 @ Sun, 18 Aug 2019 - 15:23) *
Thank you, i have just tried adding the above to my appeal under the 'further information about your appeal' but only allowing me to enter 1/3 of the appeal in the box. Im assuming you can only write a certain amount to works. Is there anywhere else I could add this info?

Generally we advise to write something like "see attached grounds of appeal" in the box and then attach the actual text as a PDF.


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j_nichol20
post Sat, 31 Aug 2019 - 07:26
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https://www.flickr.com/gp/150504094@N05/DpnP6B

I received this this morning!
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PASTMYBEST
post Sat, 31 Aug 2019 - 07:39
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QUOTE (j_nichol20 @ Sat, 31 Aug 2019 - 08:26) *


Send this to London tribunals

Case number xxxxxxxx

Application for costs.

I make an application under regulation 12 of The Road Traffic (Parking Adjudicators) (London) Regulations 1993, that the adjudicator awards cost in this case.

The authority have been on notice for some time that there PCN's for moving traffic contraventions are flawed, this being found to be the case on many occasions In rejecting representations to this effect forcing the research and preparation of an appeal. the authority have acted wholly unreasonably if not frivolously without due regard to either myself as appellant or indeed of the tribunal.

I would seek only a small sum some 5 hours work in researching and preparing my submission to the tribunal at the litigant in person rate of Ā£19 per hour a total of Ā£95



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Mad Mick V
post Sat, 31 Aug 2019 - 07:54
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+1
But I think you need to re-reference the cases already stated in the appeal.

This one may help especially the wording "that it was unreasonable for the Council to resist this appeal in the light of previous decisions".

http://forums.pepipoo.com/index.php?showto...t&p=1192993

Mick

This post has been edited by Mad Mick V: Sat, 31 Aug 2019 - 07:56
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j_nichol20
post Sun, 1 Sep 2019 - 12:14
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Thanks Mick- how would I word this please?
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Mad Mick V
post Sun, 1 Sep 2019 - 13:12
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Case number xxxxxxxx

Application for costs.

I make an application under regulation 12 of The Road Traffic (Parking Adjudicators) (London) Regulations 1993, that the adjudicator awards cost in this case.

The authority have been on notice for some time that there PCN's for moving traffic contraventions are flawed, this being found to be the case on many occasions.
I gave the Council a comprehensive list of such cases in my Appeal (2180467605, 2180482325, 2180482325, 2190005446, 2190022751). I contend that it was unreasonable for the Council to resist my appeal in the light of such previous decisions.
In rejecting representations to this effect, forcing the research and preparation of a Tribunal Hearing, the authority have acted wholly unreasonably if not frivolously without due regard to either myself as appellant or indeed of the tribunal.
I would seek only a small sum some 5 hours work in researching and preparing my submission to the tribunal at the litigant in person rate of Ā£19 per hour a total of Ā£95.
Yours------------
Mick
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j_nichol20
post Tue, 3 Sep 2019 - 11:18
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Thanks Mad Mick V and PASTMYBEST.
I have sent the application for costs- will keep you updated of the outcome!
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j_nichol20
post Sat, 14 Sep 2019 - 11:15
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Rejection for application for costs

Received this today! Oh well, it was worth a shot!

This post has been edited by j_nichol20: Sat, 14 Sep 2019 - 11:24
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