53J - Failing to comply with a restriction on vehicles entering a pedestrian zone |
53J - Failing to comply with a restriction on vehicles entering a pedestrian zone |
Thu, 29 Sep 2022 - 20:15
Post
#1
|
|
Member Group: Members Posts: 53 Joined: 12 May 2014 Member No.: 70,599 |
I was inadvertently caught out by a camera near a school. I was actually travelling to the school for work purposes. Do I have any recourse?
|
|
|
Advertisement |
Thu, 29 Sep 2022 - 20:15
Post
#
|
Advertise here! |
|
|
|
Sat, 31 Dec 2022 - 13:23
Post
#41
|
|
Member Group: Members Posts: 53 Joined: 12 May 2014 Member No.: 70,599 |
|
|
|
Sat, 31 Dec 2022 - 13:43
Post
#42
|
|
Member Group: Members Posts: 2,477 Joined: 14 Apr 2022 Member No.: 116,298 |
Please show us exactly what has been written to the council. Dates etc.
-------------------- 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. |
|
|
Sat, 31 Dec 2022 - 16:01
Post
#43
|
|
Member Group: Members Posts: 38,007 Joined: 3 Dec 2010 Member No.: 42,618 |
It's short for "representations" Thank you for your helpful advice. What exactly constitutes as a 'representations'? Has anything of what i've done so far counted as one? Who knows? Show us what has been sent and we'll tell you. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
|
|
|
Sun, 1 Jan 2023 - 21:46
Post
#44
|
|
Member Group: Members Posts: 53 Joined: 12 May 2014 Member No.: 70,599 |
Everything that has been sent is detailed in the previous pages.
|
|
|
Mon, 2 Jan 2023 - 13:15
Post
#45
|
|
Member Group: Members Posts: 38,007 Joined: 3 Dec 2010 Member No.: 42,618 |
Everything that has been sent is detailed in the previous pages. No, I was referring to what has been sent from your side to the council. I've had no correspondence from Croydon Council since emailing them. You need to show us this email please. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
|
|
|
Mon, 2 Jan 2023 - 22:45
Post
#46
|
|
Member Group: Members Posts: 53 Joined: 12 May 2014 Member No.: 70,599 |
Sent on 21/11:
Dear Sirs Ref: PCN CR17868201 VRM: EN18 LCK I enclose authorisation from my father, the registered keeper of the vehicle in this matter. I acknowledge receipt of the Charge Certificate. It states: "A Notice to Owner/PCN was served...." This does not tally with the alleged contravention as a Notice to Owner pertains to parking legislation. Notwithstanding this observation, I ask that the Charge Certificate and PCN be put on hold because of communication difficulties between my father and myself and so that I/he can make representations. The explanation for driving through a restricted zone was for emergency purposes. I was attending the school as the site manager for repairs of the heating and hot water system. The children were due to go back to school from their summer holiday, and my attendance was required for the purpose of. The school is able to corroborate the cirumstance, and I am able to provide evidence to show this. Yours faithfully Name Address |
|
|
Mon, 2 Jan 2023 - 23:53
Post
#47
|
|
Member Group: Members Posts: 10,695 Joined: 23 Apr 2004 From: Not in the UK Member No.: 1,131 |
What did you send before that?
Those are not representations as they were sent at the charge certificate stage. I think you are too late to challenge this further. |
|
|
Tue, 3 Jan 2023 - 12:05
Post
#48
|
|
Member Group: Members Posts: 35,159 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
OP, your father has been issued with an Order for Recovery. This deals only with procedural matters and has nothing to do with the contravention.
This will be followed by increasingly expensive enforcement agent(bailiff) action unless it's dealt with or the penalty paid. How could the OfR be dealt with? By completing the statutory declaration and returning in time to the Traffic Enforcement Centre. How would the OfR be completed? By claiming that one of the procedural grounds applies. What are these? That a PCN/NTO was not received; That representations were made in time by the recipient of the PCN but no reply was received; That an appeal was submitted to the adjudicator against the authority's rejection of representations made in time. Your father received the PCN - this is not disputed and is dated 28 Sept. Representations were not made by him in time - the sequence of events as you've described them is that you(wrongly as you now know) wrote to the council who, to their credit, wrote back to you advising that as you were not the keeper your communication could not be considered as representations and advising you of the action he and you should take i.e. either he should make reps or authorise you to make them in his name. Their letter was dated 18 October and would have reached your father on or about 20 Oct. The deadline for making reps under the PCN was 27 October therefore he had ample time to action its requirements. He did not. You posted this letter on 17 November citing communication difficulties between him and you. The deadline had passed, reps were not made in a timely manner and the process is grinding on. Your subsequent correspondence with the council was neither in time nor representations in the form required. In any event it could be and apparently was disregarded. I O, your father cannot lawfully submit a statutory declaration. To do so is a criminal offence if the conditions in the statement of truth apply. cp advised earlier to cut your losses and pay since when further charges have been added. IMO, your only possible course of action, which if you take must be completed before the OfR deadline, is to ask the authority to exercise discretion(possibly back to full penalty plus OfR registration fee) To do this with any hope of success IMO you would need to deal with your father's circumstances and make the request on a very personal basis. If the breakdown in communications between you is simply his and your poor attention to matters, then I wouldn't bother. Alternatively, if he's of an age where his command of English or whatever and his ability to deal with legal processes is matched only by his pride and stubbornness to accept the situation and that you as a loyal son try and provide a safety net, which can only work when you're aware of problems etc. etc. Just my thoughts. If this progresses to bailiffs then in the first instance another £75 would be added to the debt followed by a further £235 after 7 days. This is serious businesses and there's no carpet big enough under which it could be swept (Croydon have effectively gone bankrupt twice in the last year if my memory serves me and might even now still be in special measures) This post has been edited by hcandersen: Tue, 3 Jan 2023 - 13:16 |
|
|
Wed, 4 Jan 2023 - 00:32
Post
#49
|
|
Member Group: Members Posts: 38,007 Joined: 3 Dec 2010 Member No.: 42,618 |
Sent on 21/11: Did you send anything before the Charge Certificate was received? -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
|
|
|
Lo-Fi Version | Time is now: Wednesday, 17th April 2024 - 19:06 |