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Hackney School Streets Restrictions - Rushmore Road PCN, Hackney School Streets Restrictions - Rushmore Road PCN
RootieTootie
post Tue, 16 Oct 2018 - 18:41
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Hi there,

So Hackney Council have placed a new restriction on the roads surrounding Millfields School. All the roads in this area are dead ends and Rushmore Road, which runs along side the school, is the only exit route out of the area.

A flyer delivered in February offering all information, prior to the enforcement, gave the impression that all vehicles assigned to residents in Zone N would automatically be registered for exemption. On reading it again - there seems to be a contradiction.

A PCN has been delivered. Please see the attached, as well as the flyer initially received by all in the area.

All comments and thoughts welcome. The local council has been called, however, they will not cancel it over the phone, so a strong initial case is necessary.

Side note: the image on the right is as unclear as it appears - only the reg number is visible.

Here's the PCN and flyer:


Thanks in advance.

UPDATE: This is a 6 page doc - but I'm having difficulty saving the pdf with all pages to a JPEG (it's just saving the first page) - any advise appreciated. tinypic is not playing ball anymore it would seem.... or for now, so I can't add them as separate pages.

smile.gif

This post has been edited by RootieTootie: Tue, 16 Oct 2018 - 19:12
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post Tue, 16 Oct 2018 - 18:41
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stamfordman
post Mon, 22 Oct 2018 - 11:49
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Will be interesting to see Hackney's reply as they will no doubt reject. If it explains what they meant to say then I think you've got them.
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RootieTootie
post Mon, 22 Oct 2018 - 16:04
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Thank you for all your comments and advice.

Will do so - I'm guessing sending a digital copy of the flyer is acceptable in this case? I wouldn't want them to 'lose' the original flyer.
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cp8759
post Mon, 22 Oct 2018 - 20:05
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QUOTE (RootieTootie @ Mon, 22 Oct 2018 - 17:04) *
Thank you for all your comments and advice.

Will do so - I'm guessing sending a digital copy of the flyer is acceptable in this case? I wouldn't want them to 'lose' the original flyer.

Yes a digital copy is fine, keep hold of the original.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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RootieTootie
post Mon, 22 Oct 2018 - 22:40
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Bizarre turn of events... on driving passed the street in question this evening - all the signs seem to have been removed to the school street zone oddly.





This post has been edited by RootieTootie: Tue, 23 Oct 2018 - 00:42
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stamfordman
post Tue, 23 Oct 2018 - 07:37
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It's half term.
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RootieTootie
post Tue, 23 Oct 2018 - 10:23
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I just found out. laugh.gif
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RootieTootie
post Tue, 27 Nov 2018 - 16:25
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Hi all,

A response was finally received today (dated Friday) rejecting the representation (spelling the surname wrong in the opening of the letter).

Of course, they totally ignored the reasons regarding the misleading flyer, instead accusing the driver of ignoring the road signs as the reason for the rejection.

Please do advise on the next step to take.




Many thanks in advance.

This post has been edited by RootieTootie: Tue, 27 Nov 2018 - 16:43
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Mad Mick V
post Tue, 27 Nov 2018 - 16:50
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What time was the contravention and is the video available?

Mick
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RootieTootie
post Tue, 27 Nov 2018 - 17:58
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Time: 15.24

Yes there is a video.
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RootieTootie
post Tue, 27 Nov 2018 - 18:09
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I do wonder if it's worth requesting through freedom of information, how many motorists in the area have been fined since this was implemented.
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cp8759
post Tue, 27 Nov 2018 - 19:07
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They have made no comment on the leaflet they provided, that could be seen as a procedural impropriety.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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RootieTootie
post Wed, 28 Nov 2018 - 11:57
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What would you recommend the next step is in this case? Go to POPLA?
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stamfordman
post Wed, 28 Nov 2018 - 11:59
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QUOTE (RootieTootie @ Wed, 28 Nov 2018 - 11:57) *
What would you recommend the next step is in this case? Go to POPLA?


POPLA is for private tickets. The next step is London tribunal where an adjudicator looks at the case. But it will be at the full £130. You can attend in person.
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cp8759
post Wed, 28 Nov 2018 - 15:08
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QUOTE (RootieTootie @ Wed, 28 Nov 2018 - 11:57) *
What would you recommend the next step is in this case? Go to POPLA?

Have a read of this: https://www.londontribunals.gov.uk/eat/appe...ocess-explained


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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RootieTootie
post Fri, 30 Nov 2018 - 17:14
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This is so frustrating. I wondered if it's worth the energy trying to fight this. It's disgusting that they think it's acceptable to completely ignore the main piece of evidence sent.

I am wondering if I should find out how many motorists in the area have been stung by this and go to the local Hackney paper with this evidence (the flyer) to expose this administrative mess up. Although, I'm aware in the short term that's not a solution for this case.
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cp8759
post Fri, 30 Nov 2018 - 19:52
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QUOTE (RootieTootie @ Fri, 30 Nov 2018 - 17:14) *
This is so frustrating. I wondered if it's worth the energy trying to fight this. It's disgusting that they think it's acceptable to completely ignore the main piece of evidence sent.

I am wondering if I should find out how many motorists in the area have been stung by this and go to the local Hackney paper with this evidence (the flyer) to expose this administrative mess up. Although, I'm aware in the short term that's not a solution for this case.

Ignoring your representations can win on its own due to failure to consider, even if the underlying representation is devoid of merit. I would fight on.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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RootieTootie
post Tue, 4 Dec 2018 - 15:39
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QUOTE (cp8759 @ Fri, 30 Nov 2018 - 20:52) *
QUOTE (RootieTootie @ Fri, 30 Nov 2018 - 17:14) *
This is so frustrating. I wondered if it's worth the energy trying to fight this. It's disgusting that they think it's acceptable to completely ignore the main piece of evidence sent.

I am wondering if I should find out how many motorists in the area have been stung by this and go to the local Hackney paper with this evidence (the flyer) to expose this administrative mess up. Although, I'm aware in the short term that's not a solution for this case.

Ignoring your representations can win on its own due to failure to consider, even if the underlying representation is devoid of merit. I would fight on.



Okay. I will fight on.

Should any specific terminology be used in the appeal?

One of the main issues with this case is that no other official communication was sent to highlight the changes in this area. Just this flyer which looks like an advert for a school fête.

Would getting hold of how many may have been fined on this street since January help the case at the tribunal, if it arrives in time?

Thanks again.



Also, is it preferable to do a personal hearing over a postal hearing?

"One of the first questions on the Notice of Appeal form asks you whether you want a postal decision or a personal hearing."

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RootieTootie
post Tue, 4 Dec 2018 - 15:55
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This is my freedom of information request. Just would like an outside eye to check I haven't missed anything obvious in my request:

Please could you provide me with the number of Penalty Charge Notices issued by Hackney Parking Services (Hackney Council) on the following roads from 1st February 2018, to date:

Elmscroft Road
Rushmore Road (between Hilsea Street and Mayola Road).

Please could you inform me, how many of those PCN issued, were to residents in the Hackney Zone N area.
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John U.K.
post Tue, 4 Dec 2018 - 20:44
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QUOTE
Also, is it preferable to do a personal hearing over a postal hearing?

"One of the first questions on the Notice of Appeal form asks you whether you want a postal decision or a personal hearing."


Opt for personal if at all possible - you can always change later.

Important thing is to register the appeal. You can do thios now, and write in the appropriate box something like
Full submission (to follow).

Keep hard copies of anything submitted online.
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cp8759
post Wed, 5 Dec 2018 - 16:36
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Post a draft of your appeal here before submitting it to the tribunal.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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