PCN for contravention 31J Barnet High Street |
PCN for contravention 31J Barnet High Street |
Sat, 16 Nov 2019 - 18:21
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#1
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Member Group: Members Posts: 12 Joined: 10 Nov 2019 Member No.: 106,556 |
Hi there. I'm a new member
just got a PCN for contravention 31J (entering and stopping in a box junction when prohibited) at St Albans Road - Barnet High Street. (arrived on 9 Nov). date of notice 08/11, date of contravention 02/11. I was coming from the St Albans road and turning right into Barnet High Street. When the traffic lights were green, I thought my exit from the yellow box junction was clear, but during transit through the box, a couple of cars ahead slowed down beyond the box so and I had to stop for 4 to 5 seconds in the box to avoid hitting the car in front who was still in the box. There was another car behind me who also presumably thought the box was clear. I was wondering if there is a de minimis time period ? it was 4, max 5 seconds I was not moving. Also I was technically turning right into barnet High Street from St Albans Road, so not sure whether the 1974 Act applies. I would load the video to show people but I can't work out how to do this from the barnet Council website. (I'm not tech savvy !) Any advice before I write to Barnet Council to put my case for cancelling the PCN ? Thanks Barnetperson |
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Sat, 16 Nov 2019 - 18:21
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Fri, 24 Jan 2020 - 12:21
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#21
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Member Group: Members Posts: 2,021 Joined: 12 Feb 2013 Member No.: 59,932 |
This went to the tribunal on Wednesday. I attach the decision (2190550793)
The appellant was represented by Mr Dishman. The Enforcement Authority did not attend. Mr Dishman relied on case number 2190464396. In summary, the Penalty Charge Notice incorrectly stated that a charge certificate could be issued if payment was not made within 28 days of the date of the Penalty Charge Notice. The law requires a Penalty Charge Notice to inform motorists that a charge certificate may be issued 28 days after service of a Penalty Charge Notice. The legislation is drafted in mandatory terms; it states that a Penalty Charge Notice must state the matters detailed within section 4 (8) (a) of the 2003 Act which includes details as to when a charge certificate may be issued. The High Court has held that there is no need to establish that an omission or error in a Penalty Charge Notice caused prejudice. If the statutory conditions are not met then financial liability arising from a Penalty Charge Notice does not arise. The Enforcement Authority simply stated that the Penalty Charge Notice is compliant but failed to address any of the statutory provisions. The only basis upon which it could be argued that the Penalty Charge Notice is compliant is as follows. Section 4 (8) (a) and (11) of the 2003 Act provide: “A penalty charge notice under this section must (a) state- (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; (ii)the amount of the penalty charge which is payable; (iii)that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice; (iv)that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion; (v)that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable; (vi)the amount of the increased charge; (vii)the address to which payment of the penalty charge must be sent; and (viii)that the person on whom the notice is served may be entitled to make representations under paragraph 1 of Schedule 1 to this Act; and (b)specify the form in which any such representations are to be made. […] (11)Schedule 1 to this Act shall have effect with respect to representations against penalty charge notices, and other matters supplementary to the provisions of this section.” Paragraph 5 (2) to schedule 1 provides, in summary, that where a Penalty Charge Notice has not been paid before the end of the relevant period, a charge certificate cannot be issued until 28 have elapsed from the date of service of the Penalty Charge Notice. There are therefore two periods: 28 days to pay a Penalty Charge Notice from the date of the Penalty Charge Notice itself (as per section 4 (8) (a) (iii)) and 28 days from the date of service of the Penalty Charge Notice after which a charge certificate may be issued (as per paragraph 5 (2) (a) to schedule 1 detailed above). Section 4 (16) of the 2003 Act contains definitions but does not define what the “28 day period” cited in section 4 (8) (v) is. I have concluded that it is the period detailed in paragraph 5 (2) (a) to schedule 1 which determines when a charge certificate can in fact be issued. I reached this conclusion because motorists should be informed when a charge certificate can, as a matter of law, be issued. It is perhaps arguable that the reference to “the 28 day period” in section 4 (8) (v) is a reference to the same 28 day period in section 4 (8) (a) (iii) (28 days from the date of the Penalty Charge Notice). I do not accept this because section 4 (11) applies schedule 1 to section 4 “with respect to representations against penalty charge notices, and other matters supplementary to the provisions of this section.” The period of 28 days cited in section 4 (8) (a) (v) is not defined anywhere else within the legislation and accordingly there is no express reference stating that the 28 day period in section 4 (8) (a) (v) is the same period referred to in section 4 (8) (a) (iii). The legislative intent in prescribing that certain matters must be stated within a Penalty Charge Notice must be to ensure that motorists are accurately informed of key information including why a Penalty Charge Notice has been issued, how and when to lodge a challenge, when they must pay, how long the discount period applies and the consequences of non-compliance. It would be strange if Parliament intended a Penalty Charge Notice to inform a motorist that a charge certificate could be issued earlier than it could in fact, as a matter of law, be issued. This case is on all fours with my decision in case reference 2190464396. Accordingly, I allow this appeal for the same reasons as supplemented by my reasoning in this decision -------------------- All advice given by me on PePiPoo is on a pro bono basis (i.e. free). PePiPoo relies on Donations so do donate if you can. Sometimes I will, in addition, personally offer to represent you at London Tribunals (i.e. within greater London only) & if you wish me to I will ask you to make a voluntary donation, if the Appeal is won, directly to the North London Hospice.
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