PCN - Parking Contravention 46 (TFL), Stooped where prohibited (on a red route or clearway), Can I use template for that PCN? |
PCN - Parking Contravention 46 (TFL), Stooped where prohibited (on a red route or clearway), Can I use template for that PCN? |
Wed, 16 Nov 2022 - 08:53
Post
#1
|
|
Member Group: Members Posts: 93 Joined: 1 Apr 2017 Member No.: 91,241 |
Hello.
Can I use for my PCN ( link below): https://photos.app.goo.gl/BpzvCgicZdhxtkBo7 That template?: Dear Transport for London, I challenge liability on the basis that the penalty demanded exceeds the amount due in the circumstances of the case. The alleged contravention is "Stopped where prohibited (on a red route or clearway)", but this is not a civil contravention because there is no corresponding offence under paragraph 3(2) of Schedule 7 to the Traffic Management Act 2004. It follows that the only penalty that may be demanded is nil, and the PCN must be cancelled. Furthermore service of a postal PCN in these circumstances is unlawful. Regulation 11 of The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 only permits service of a postal PCN on a red route where the road is marked in accordance with either diagram 1018.2 at item 11 or diagram 1017.1 at item 12 in Part 4 of Schedule 7 to the Traffic Signs Regulations, the section of road where my vehicle was filmed is not marked with either of these and in such circumstances, the power to serve a postal PCN does not arise. It follows that service of a postal PCN in this case amounts to a procedural impropriety and the penalty must be cancelled. Yours faithfully, Thank you |
|
|
Advertisement |
Wed, 16 Nov 2022 - 08:53
Post
#
|
Advertise here! |
|
|
|
Wed, 16 Nov 2022 - 09:01
Post
#2
|
|
Member Group: Members Posts: 20,919 Joined: 22 Apr 2012 Member No.: 54,455 |
Carry on, but do be aware you'll probably have to take them to London Tribunals. London councils and also TfL are in some disarray over this at the moment, and denial is always the first reaction of public bodies when presented with irrefutable evidence that they are acting ultra vires
|
|
|
Wed, 16 Nov 2022 - 14:18
Post
#3
|
|
Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Where you stopped in a bay or on a single or double red line? Can't tell for sure form the PCN photo.
If in a bay, use the whole draft. If on a red line, delete the second paragraph. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
|
|
|
Wed, 16 Nov 2022 - 15:29
Post
#4
|
|
Member Group: Members Posts: 93 Joined: 1 Apr 2017 Member No.: 91,241 |
Where you stopped in a bay or on a single or double red line? Can't tell for sure form the PCN photo. If in a bay, use the whole draft. If on a red line, delete the second paragraph. Hello cp8759 Loading bay and it was around 8am, we parked for loading but left after 15 minutes approx and back around 9:30am. We had also windscreen ticket but they make typo on reg number so it's 1 letter wrong, it's V but should be Y. Please see picture of parked van and sign below https://photos.app.goo.gl/gmy8C7z9wxBvKkVa8 This post has been edited by chrisSM: Wed, 16 Nov 2022 - 15:30 |
|
|
Wed, 16 Nov 2022 - 15:35
Post
#5
|
|
Member Group: Members Posts: 4,308 Joined: 9 May 2014 Member No.: 70,515 |
QUOTE We had also windscreen ticket but they make typo on reg number so it's 1 letter wrong, it's V but should be Y. So you have had a windscreen PCN and a postal PCN for the same alleged offence? P.S. Cannot access your photos without signing in |
|
|
Wed, 16 Nov 2022 - 16:17
Post
#6
|
|
Member Group: Members Posts: 93 Joined: 1 Apr 2017 Member No.: 91,241 |
QUOTE We had also windscreen ticket but they make typo on reg number so it's 1 letter wrong, it's V but should be Y. So you have had a windscreen PCN and a postal PCN for the same alleged offence? P.S. Cannot access your photos without signing in Yes for the same reason but as I said windscreen ticket have wrong letter and there is no details what kind of vehicle it is. Please find links to the photos below https://ibb.co/J2rNS42 https://ibb.co/bPprFB2 https://ibb.co/wK7mkzF https://ibb.co/s9nYdKT https://ibb.co/34L3Q05 This post has been edited by chrisSM: Wed, 16 Nov 2022 - 16:28 |
|
|
Wed, 16 Nov 2022 - 16:39
Post
#7
|
|
Member Group: Members Posts: 643 Joined: 21 Nov 2012 Member No.: 58,447 |
Hi Chris. HV17HDF is a BMW 320. If no response to the PCN is received, the owner will get a Notice in the post. If you would rather the owner, not TfL, gets to keep the fine money, you need to respond saying they should cancel due to wrong registration mark on the PCN. You could give the postal PCN reference number as proof you were there earlier.
-------------------- Please read the sticky here http://forums.pepipoo.com/index.php?showto...t&p=1755543 before posting a new case, or possibly after you posted it so that you can edit it. In any event, please read it.
Thanks Never, ever go for a postal decision. |
|
|
Wed, 16 Nov 2022 - 16:53
Post
#8
|
|
Member Group: Members Posts: 4,308 Joined: 9 May 2014 Member No.: 70,515 |
I know how to deal with a windscreen PCN with wrong reg.mark.
I know how to deal with two PCNs issued to the same vehicle reg mark for the same alleged contravention. But here it appears the postal(right reg) PCN contravention timed at 08:06 and paper PCN(wrong reg) timed at 09:14. Is the 'wrong' reg mark in use on a vehicle? (It is- grey BMW.) Normally we would advise returning a copy of the paper PCN to the Council anonymously saying found on my vehicle but not my vehicle, to save the BMW owner a lot of hassle, but you need to wait for the advice of those more expert than me. This post has been edited by John U.K.: Wed, 16 Nov 2022 - 16:56 |
|
|
Wed, 16 Nov 2022 - 17:50
Post
#9
|
|
Member Group: Members Posts: 93 Joined: 1 Apr 2017 Member No.: 91,241 |
I know how to deal with a windscreen PCN with wrong reg.mark. I know how to deal with two PCNs issued to the same vehicle reg mark for the same alleged contravention. But here it appears the postal(right reg) PCN contravention timed at 08:06 and paper PCN(wrong reg) timed at 09:14. Is the 'wrong' reg mark in use on a vehicle? (It is- grey BMW.) Normally we would advise returning a copy of the paper PCN to the Council anonymously saying found on my vehicle but not my vehicle, to save the BMW owner a lot of hassle, but you need to wait for the advice of those more expert than me. As I said we left after 8:10-8:15 am and back after 9pm. We do removals so we park longer than typical car but this was small job so we have done it quickly. Customer by mistake sent us delivery address instead collection address so that was the reason we have been there 2 times. This post has been edited by chrisSM: Wed, 16 Nov 2022 - 17:53 |
|
|
Wed, 16 Nov 2022 - 23:08
Post
#10
|
|
Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Back to this PCN, yes just use the draft you've already identified in post 1 and let us know when you get the Notice of Rejection please.
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
|
|
|
Wed, 7 Dec 2022 - 19:26
Post
#11
|
|
Member Group: Members Posts: 93 Joined: 1 Apr 2017 Member No.: 91,241 |
Hello.
So I received 2 letters to my address. I'm the owner/director of this company and this van is registered for my company name: https://ibb.co/FgQVFz0 https://ibb.co/sWQsRJm So I need to attach there written authority? If yes do you have any sample? Thank you |
|
|
Thu, 8 Dec 2022 - 10:30
Post
#12
|
|
Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Had this sort of nonsense from TFL before and there's no reason why we should put up with it, write back:
Dear Transport for London,This response is very specifically crafted to get a specific outcome so please do not change it in any way, just add the correct company name and the PCN number / VRM. This post has been edited by cp8759: Thu, 8 Dec 2022 - 10:31 -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
|
|
|
Thu, 8 Dec 2022 - 16:46
Post
#13
|
|
Member Group: Members Posts: 93 Joined: 1 Apr 2017 Member No.: 91,241 |
Trying to reply but unfortunately something went wrong, I tried a few times and it's the same error (screenshot attached):
https://ibb.co/RynCZHs https://ibb.co/hBbKwNY |
|
|
Thu, 8 Dec 2022 - 18:53
Post
#14
|
|
Member Group: Members Posts: 2,414 Joined: 14 Apr 2022 Member No.: 116,298 |
Had this sort of nonsense from TFL before and there's no reason why we should put up with it, write back: Dear Transport for London,This response is very specifically crafted to get a specific outcome so please do not change it in any way, just add the correct company name and the PCN number / VRM. Well burger me! Outrageous. -------------------- People, we come and go Memories, they ebb and flow. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.
People, we can be kind True love is hard to find. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life. Animals, we kill to eat For many, it’s just a treat. When we fill our lives with arrogance We create a huge imbalance. As this is the Dance of Life. Our Earth is our Heavenly home God-given to freely roam. When we fill our lives with arrogance We create a huge imbalance As this is the Dance of Life. One day, we will all be judged This simple truth cannot be fudged. When we carry on so blindly We do not act all so kindly. As this is the Dance of Life. As Above, and so Below A simple truth to help us grow. When we put aside our egotism We will really find altruism. As this is the Dance of Life. The Divine lives in all things Manifested in music’s rings. The planets are a testament To the everlasting firmament. As this is the Dance of Life. It's all in the wrist. |
|
|
Tue, 3 Jan 2023 - 21:33
Post
#15
|
|
Member Group: Members Posts: 93 Joined: 1 Apr 2017 Member No.: 91,241 |
Hello.
Happy New year everyone. I found a respond email in the spam box today, was sent on the 23/12/2022. I made a screenshots but I can send genuine pdf file if required. Links below: https://ibb.co/Kh7dJV2 https://ibb.co/HVvXDZk Thank you |
|
|
Wed, 4 Jan 2023 - 00:47
Post
#16
|
|
Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Would you like me to represent you at the tribunal?
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
|
|
|
Wed, 4 Jan 2023 - 14:40
Post
#17
|
|
Member Group: Members Posts: 93 Joined: 1 Apr 2017 Member No.: 91,241 |
Hello CP8759.
Yes please, I will be grateful. Please let me know what I have to do. |
|
|
Wed, 4 Jan 2023 - 18:21
Post
#18
|
|
Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
I'll send you a PM.
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
|
|
|
Sun, 19 Feb 2023 - 11:43
Post
#19
|
|
Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
DNC'ed.
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
|
|
|
Sun, 19 Feb 2023 - 11:48
Post
#20
|
|
Member Group: Members Posts: 2,414 Joined: 14 Apr 2022 Member No.: 116,298 |
I wonder why.
-------------------- People, we come and go Memories, they ebb and flow. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.
People, we can be kind True love is hard to find. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life. Animals, we kill to eat For many, it’s just a treat. When we fill our lives with arrogance We create a huge imbalance. As this is the Dance of Life. Our Earth is our Heavenly home God-given to freely roam. When we fill our lives with arrogance We create a huge imbalance As this is the Dance of Life. One day, we will all be judged This simple truth cannot be fudged. When we carry on so blindly We do not act all so kindly. As this is the Dance of Life. As Above, and so Below A simple truth to help us grow. When we put aside our egotism We will really find altruism. As this is the Dance of Life. The Divine lives in all things Manifested in music’s rings. The planets are a testament To the everlasting firmament. As this is the Dance of Life. It's all in the wrist. |
|
|
Lo-Fi Version | Time is now: Friday, 29th March 2024 - 15:34 |