PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

Adjudicator refused PCN appeal, Adjudicator refused PCN appeal
PCN fines
post Fri, 14 Jun 2019 - 15:35
Post #1


Member


Group: Members
Posts: 26
Joined: 18 May 2019
Member No.: 103,928



Hi,
Hope someone can give advice.
A colleague of mine appealed to TfL and tribunal but both failed and adjudicator refused to

One of the points raised was the (will/may flaw on the Notice of Rejection, they say that if you don't pay the charge certificate, they will apply for a County Court Order to enforce payment.)
And also the date of notice and date of service flaw.


Thanks
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 12)
Advertisement
post Fri, 14 Jun 2019 - 15:35
Post #


Advertise here!









Go to the top of the page
 
Quote Post
hcandersen
post Fri, 14 Jun 2019 - 18:08
Post #2


Member


Group: Members
Posts: 24,667
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551



It is a pity that the losing appeals don't get the same prominence as successful ones.

Yes, every case turns on it's own facts but this is the second recent example where this issue has been binned by the adj.

Anyway, your friend's options are to suck it up and pay or request a review of the decision.

We cannot advise unless we see the full decision.

So, case number please.
Go to the top of the page
 
+Quote Post
PCN fines
post Fri, 14 Jun 2019 - 20:48
Post #3


Member


Group: Members
Posts: 26
Joined: 18 May 2019
Member No.: 103,928



Case reference: 2190158491
I tried to upload the letters but don’t know how to. Thanks
Go to the top of the page
 
+Quote Post
Neil B
post Fri, 14 Jun 2019 - 21:14
Post #4


Member


Group: Members
Posts: 21,488
Joined: 16 Jan 2008
Member No.: 16,671



QUOTE (PCN fines @ Fri, 14 Jun 2019 - 16:35) *
And also the date of notice and date of service flaw.

There was none.

This the danger of 'lifting' info, possibly from here, and misapplying it.


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

Go to the top of the page
 
+Quote Post
hcandersen
post Fri, 14 Jun 2019 - 21:25
Post #5


Member


Group: Members
Posts: 24,667
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551



Pay and move on.
Go to the top of the page
 
+Quote Post
PCN fines
post Sat, 15 Jun 2019 - 14:44
Post #6


Member


Group: Members
Posts: 26
Joined: 18 May 2019
Member No.: 103,928



Was it not right for them to raise these points.
Go to the top of the page
 
+Quote Post
DancingDad
post Sat, 15 Jun 2019 - 15:10
Post #7


Member


Group: Members
Posts: 21,198
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559



QUOTE (PCN fines @ Sat, 15 Jun 2019 - 15:44) *
Was it not right for them to raise these points.


There is no mention of the will/may issue in the decision.
There is detail on the date issue.
Enough to show that the issue was lifted from a moving traffic case.
Which comes under different legislation and uses differing timings.
Go to the top of the page
 
+Quote Post
PCN fines
post Sat, 15 Jun 2019 - 23:53
Post #8


Member


Group: Members
Posts: 26
Joined: 18 May 2019
Member No.: 103,928












Please the decision letter and the notice of rejection.

She mentioned the will/may part but the adjudicator was asking her if she received the charge certificate and where she got that from and questioning if she or someone else been giving her advice. You will see on the decision letter he mentions no charge certificate was issued in these proceedings.

Are you saying that they are allowed to use different wording on parking and moving traffic,
Go to the top of the page
 
+Quote Post
DancingDad
post Sun, 16 Jun 2019 - 06:35
Post #9


Member


Group: Members
Posts: 21,198
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559



QUOTE (PCN fines @ Sun, 16 Jun 2019 - 00:53) *
............Are you saying that they are allowed to use different wording on parking and moving traffic,


Yes
They each come under different legislation.
Similar but not exactly the same.
Go to the top of the page
 
+Quote Post
Neil B
post Sun, 16 Jun 2019 - 11:39
Post #10


Member


Group: Members
Posts: 21,488
Joined: 16 Jan 2008
Member No.: 16,671



In relation to what you're talking about, the charge cert, the wording in the two different pieces of legislation is identical.
The issue was she got the point all wrong.


QUOTE (PCN fines @ Sun, 16 Jun 2019 - 00:53) *
and where she got that from and questioning if she or someone else been giving her advice.

I'm asking too !

This post has been edited by Neil B: Sun, 16 Jun 2019 - 11:45


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

Go to the top of the page
 
+Quote Post
PASTMYBEST
post Sun, 16 Jun 2019 - 11:52
Post #11


Member


Group: Members
Posts: 17,266
Joined: 6 Nov 2014
Member No.: 74,048



Shame if the signs are still as GSV this was winnable. and the statement re where they get their authorisation for traffic signs from is pants could have won on that alone

A lesson learned. talk to us


--------------------
All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
Go to the top of the page
 
+Quote Post
PCN fines
post Mon, 17 Jun 2019 - 12:34
Post #12


Member


Group: Members
Posts: 26
Joined: 18 May 2019
Member No.: 103,928



Sorry to be pain but what do you mean by “Shame if the signs are still as GSV this was winnable. and the statement re where they get their authorisation for traffic signs from is pants could have won on that alone” so that I can explain and know for my reference.

Thanks
Go to the top of the page
 
+Quote Post
hcandersen
post Mon, 17 Jun 2019 - 14:33
Post #13


Member


Group: Members
Posts: 24,667
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551



It looks as if PMB has found what could have been a winning argument regarding misplaced etc. sgns.

But it is too late. This argument wasn't advanced nor evidence produced which would have allowed the adj to allow the appeal.

C'est la vie.

We're here should our help be required in the future.

Pay the penalty.
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 22nd August 2019 - 12:33
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.