Mare street D pcn, Threads merged x3 Options

[willy101]

Hi
I wonder if someone can help ,
I received PCN (attached) for Mare street D left turn from Mare street to Richmond road
I followed Google map as I followed previously without issues but now I got fine I challenged by given reasons they declined and give further 14 days to challenge or pay
Please help

This post has been edited by willy101: Wed, 5 Dec 2018 - 14:33

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[cp8759]

Hi there
I filled the declaration with same reasons , and I received the response from court dated:20th Feb, confirming the order of recovery to be revoked and charge certificate to be cancelled , But since then I have not received anything from Council , I just checked online today fine gone back to £130 now , but so far no letter by post ! I thought to ask your help from here , I believe now we can challenge on some grounds etc ! Thanks for help

What reasons did you put on the statutory declaration?

[willy101]

Hi
If someone could help in this please
This was back in 16/10/2018, I challenged and refused then they issued charge certificate which I didn’t received on that time and directly received adjudicator “order of recovery of unpaid penalty charge” , which I challenged to adjudicator to say I didn’t received charge certificate etc , County court revoked this order on 20Feb 2019, and nothing heard from hackney council I called them twice and they said it’s on hold will let you know next stage etc but today they sent charge notice again . Both are attached .
Just imagine council took over 6 months to issue me again this charge notice can we challenge it from here as there’s isn’t any option to suggest how to challenge this now
Please help in this .
https://ibb.co/2SSg4LG
https://ibb.co/GvZGfDM

[Incandescent]

The original PCN was issued under the LLA & TFL Act 2003, and there will be a provision for what happens when an OfR is revoked. I'm not an expert, but it seems to me that Hackney are not acting correctly or even acting unlawfully. As I understand it, they should have referred the matter to the adjudicator, London Tribunals.

[willy101]

The original PCN was issued under the LLA & TFL Act 2003, and there will be a provision for what happens when an OfR is revoked. I'm not an expert, but it seems to me that Hackney are not acting correctly or even acting unlawfully. As I understand it, they should have referred the matter to the adjudicator, London Tribunals.

Is there any provision to challenge this or write to adjudicator to explain its huge gap between county decision and Hackney’s next communication ie. February 2019 to Sep 2019, ? Can we challenge on this basis etc
Thanks

[Neil B]

I challenged and refused

So what did you do when you got the rejection?

[willy101]

I challenged and refused

So what did you do when you got the rejection?

To be honest I can’t remember it’s long ago , I think I done nothing so got unpaid county court letter which challenged !

[Neil B]

I challenged and refused

So what did you do when you got the rejection?

To be honest I can’t remember it’s long ago , I think I done nothing so got unpaid county court letter which challenged !

Challenged? You mean you made an application to the court; a Statutory Declaration, sworn before a solicitor or court
officer and witnessed by them. On which of the limited grounds?

[willy101]

I challenged and refused

So what did you do when you got the rejection?

To be honest I can’t remember it’s long ago , I think I done nothing so got unpaid county court letter which challenged !

Challenged? You mean you made an application to the court; a Statutory Declaration, sworn before a solicitor or court
officer and witnessed by them. On which of the limited grounds?

Since Hackney sent me original rejection letter with wrongly spelt name so on Statutory Declaration I sworn before a Solicitor,
On the basis of second option which was ;
(I made the representations to council within 28 days of but didn’t receive rejection letter )
“ and in open box I wrote following
“( I appealed to original PCN to council I received response with wrong name I was expecting correct name but council didn’t sent me rejection letter with correct name also didn’t received Charge Notice , I only received this Statutory Declaration form)

And they accepted above reasons in Feb 2019
Thanks

[willy101]

I challenged and refused

So what did you do when you got the rejection?

So haven’t got much time left in this , what’s the plan ?
Should wait for court letter to appeal there for something ?

[cp8759]

Show us all the paperwork you've received please.

Also show us a copy of the declaration you sent to the county court, if you have a copy.

This post has been edited by cp8759: Tue, 17 Sep 2019 - 10:38

[willy101]

Show us all the paperwork you've received please.

Also show us a copy of the declaration you sent to the county court, if you have a copy.

All I have the following
Copy of Declaration and council letter
On Declaration by mistake date was 2018 it should’ve been 2019.
But court accepts this and I loaded up their response
Thanks
https://ibb.co/xJR8kpD
https://ibb.co/bzZ9kNf

[cp8759]

To be honest I'm not convinced you were entitled to make a statutory declaration just because they got your name wrong, but the court has accepted the declaration so that's that. So the council should have referred the matter to the tribunal, it appears this did not happen.

I would write to the council and ask why the case has not yet been referred to the tribunal.

[willy101]

To be honest I'm not convinced you were entitled to make a statutory declaration just because they got your name wrong, but the court has accepted the declaration so that's that. So the council should have referred the matter to the tribunal, it appears this did not happen.

I would write to the council and ask why the case has not yet been referred to the tribunal.

Thanks for this
If you going to write to council is it going to have any impact on me ? As you mentioned “I was not entitled for Declaration just for the name wrong etc “

And should I just ignore this charge thanks

[Neil B]

If you going to write to council

He's not, you are.

[willy101]

If you going to write to council

He's not, you are.

Any wordings , refer to statue etc? Also where to send email as online it doesn’t show the link any more to challenge
Thanks

[cp8759]

If you going to write to council

He's not, you are.

Any wordings , refer to statue etc? Also where to send email as online it doesn’t show the link any more to challenge
Thanks

Here http://www.legislation.gov.uk/ukla/2003/3/...graph/7/enacted paragraph 7(11)

Where a declaration has been served under sub-paragraph (2)(b) or © above, the enforcing authority shall refer the case to the traffic adjudicator who may give such direction as he considers appropriate.

Your declaration was filed under para 2(b) but as far as I can see the council has not referred the case to the tribunal, to then issue another charge certificate is clearly unlawful. Post a draft on here before sending it off.

[willy101]

If you going to write to council

He's not, you are.

Any wordings , refer to statue etc? Also where to send email as online it doesn’t show the link any more to challenge
Thanks

Here http://www.legislation.gov.uk/ukla/2003/3/...graph/7/enacted paragraph 7(11)

Where a declaration has been served under sub-paragraph (2)(b) or © above, the enforcing authority shall refer the case to the traffic adjudicator who may give such direction as he considers appropriate.

Your declaration was filed under para 2(b) but as far as I can see the council has not referred the case to the tribunal, to then

issue another charge certificate is clearly unlawful. Post a draft on here before sending it off.

Dear Sirs

I’m writing to you in response to your charge notice dated 13/09/2019 PCN number : QZ02908253 , VRM LN13WJZ.

I made the Statutory declaration back in February 2019 to the adjudicator and received their response in which they clearly mentioned the Charge Notice will be cancelled.
Since then I called twice to your office to ask the status and I been told it’s been on hold and I should hear back of next steps or PCN cancellation by post.

But you sent the charge notice to me instead of referring the matter to adjudicator.
Please check the following link http://www.legislation.gov.uk/ukla/2003/3/...graph/7/enacted paragraph 7(11)

Where a declaration has been served under sub-paragraph (2)(b) or © above, the enforcing authority shall refer the case to the traffic adjudicator who may give such direction as he considers appropriate.

My declaration was filed under para 2(b) but as far as I can see the you have not referred the case to the tribunal, but instead issued me another charge certificate which is clearly unlawful.

I’d like you to refer this case back to adjudicator or cancel this PCN and let me know ASAP

thanks

[cp8759]

Revised draft, if you can try and keep the italics formatting exactly as I've used it below:

--------------------

Dear Sirs

I’m writing to you in response to your charge certificate dated 13/09/2019 PCN number : QZ02908253 , VRM LN13WJZ.

I made the Statutory declaration back in February 2019 to the County Court Traffic Enforcement Centre and the court ordered that the Order for Recovery and the Charge Certificate be cancelled. Since then I called your office twice to ask for an update I was told the case was on hold and I would receive an update by post.

Where a statutory declaration is filed on the basis that a representation was submitted but no response was received, paragraph 7(11) of schedule 1 to the London Local Authorities and Transport for London Act 2003 mandates that "the enforcing authority shall refer the case to the traffic adjudicator who may give such direction as he considers appropriate."

I have not received any notification that the matter has been referred to the adjudicator nor have I received any directions from the tribunal. Instead, it appears the council has issued a new Charge Certificate even though it has no authority to do so in the circumstances.

Given the seriously prejudicial impact of the council's errors, it should now be obvious that the only lawful course of action left open to the council is to cancel the PCN. Should you be unwilling to do so, please would you refer the case to the adjudicator forthwith.

Yours faithfully,

willy101

This post has been edited by cp8759: Sat, 21 Sep 2019 - 13:20

[willy101]

Revised draft, if you can try and keep the italics formatting exactly as I've used it below:

--------------------

Dear Sirs

I’m writing to you in response to your charge certificate dated 13/09/2019 PCN number : QZ02908253 , VRM LN13WJZ.

I made the Statutory declaration back in February 2019 to the County Court Traffic Enforcement Centre and the court ordered that the Order for Recovery and the Charge Certificate be cancelled. Since then I called your office twice to ask for an update I was told the case was on hold and I would receive an update by post.

Where a statutory declaration is filed on the basis that a representation was submitted but no response was received, paragraph 7(11) of schedule 1 to the London Local Authorities and Transport for London Act 2003 mandates that "the enforcing authority shall refer the case to the traffic adjudicator who may give such direction as he considers appropriate."

I have not received any notification that the matter has been referred to the adjudicator nor have I received any directions from the tribunal. Instead, it appears the council has issued a new Charge Certificate even though it has no authority to do so in the circumstances.

Given the seriously prejudicial impact of the council's errors, it should now be obvious that the only lawful course of action left open to the council is to cancel the PCN. Should you be unwilling to do so, please would you refer the case to the adjudicator forthwith.

Yours faithfully,

willy101

Thanks for this , but where I sent this so they confirmed they have received this , there’s no email address etc or form to fill aswell ? So any specific email address to forward this please
Thanks
,

[cp8759]

Hackney does not accept email challenges, you'll have to send a letter in the post to: London Borough of Hackney, PO Box 75246, London, E8 9GT