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Help with Refusal of Appeal

Jono_56B
Posts: 17 Forumite

**PLEASE DO NOT DIRECT ME TO FTLA**
They are seemingly called Free Traffic Legal Advice, however the main administrators have always resorted to ask for paid representation rather than providing what the website claims as being FREE legal advice. I see others in their forums having their query and matter resolved completely without resorting to paid representation.
I appealed a PCN from Waltham Forest Council in London with the appeal below (which was helpfully drafted by admin from FTLA) :
Dear London Borough of Waltham Forest,
In the first instance I challenge liability on the grounds of procedural impropriety. The penalty charge notice is required to state the grounds on which the authority believes the penalty is payable, and this includes adequate particulars of where the alleged contravention is said to have taken place. Lea Bridge Road is circa 3.2 miles long and as far as I can establish there are approximately 30 bus stops along its length, the penalty charge notice served in this instance gives no indication of where the relevant bus stop might be either by giving its identifier, or by reference to any nearby landmarks or junctions.
As such it is not possible for me to return to the location to investigate the adequacy of the signage, the road layout or any other relevant matters, I refer you to the decision of adjudicator Jack Walsh in Sofiane Kherbachi v London Borough of Redbridge (2230412198, 18 November 2023) and adjudicator Anita Reece in Nayeem Haque v London Borough of Redbridge (224017240A, 20 May 2024).
While I appreciate first instance decisions are not binding, I cannot see any reason why the tribunal would reach a different conclusion on this occasion.
Yours faithfully,
The council have replied:
https://drive.google.com/file/d/1jC-866hlKQJmZN32F5zr0c3LotAi5KaO/view?usp=sharing
My question:
Should I bother taking this to the adjudicator or should I just give in and take the opportunity to pay at £65 reduced rate within 21 days?
They are seemingly called Free Traffic Legal Advice, however the main administrators have always resorted to ask for paid representation rather than providing what the website claims as being FREE legal advice. I see others in their forums having their query and matter resolved completely without resorting to paid representation.
I appealed a PCN from Waltham Forest Council in London with the appeal below (which was helpfully drafted by admin from FTLA) :
Dear London Borough of Waltham Forest,
In the first instance I challenge liability on the grounds of procedural impropriety. The penalty charge notice is required to state the grounds on which the authority believes the penalty is payable, and this includes adequate particulars of where the alleged contravention is said to have taken place. Lea Bridge Road is circa 3.2 miles long and as far as I can establish there are approximately 30 bus stops along its length, the penalty charge notice served in this instance gives no indication of where the relevant bus stop might be either by giving its identifier, or by reference to any nearby landmarks or junctions.
As such it is not possible for me to return to the location to investigate the adequacy of the signage, the road layout or any other relevant matters, I refer you to the decision of adjudicator Jack Walsh in Sofiane Kherbachi v London Borough of Redbridge (2230412198, 18 November 2023) and adjudicator Anita Reece in Nayeem Haque v London Borough of Redbridge (224017240A, 20 May 2024).
While I appreciate first instance decisions are not binding, I cannot see any reason why the tribunal would reach a different conclusion on this occasion.
Yours faithfully,
The council have replied:
https://drive.google.com/file/d/1jC-866hlKQJmZN32F5zr0c3LotAi5KaO/view?usp=sharing
My question:
Should I bother taking this to the adjudicator or should I just give in and take the opportunity to pay at £65 reduced rate within 21 days?
0
Comments
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If you want legal advice see a solicitor4
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We just don't have the knowledge here, sorry.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1 -
Jono_56B said:**PLEASE DO NOT DIRECT ME TO FTLA**
They are seemingly called Free Traffic Legal Advice, however the main administrators have always resorted to ask for paid representation rather than providing what the website claims as being FREE legal advice. I see others in their forums having their query and matter resolved completely without resorting to paid representation.
(which was helpfully drafted by admin from FTLA) :
It seems that you did get help with an appeal
Was It someone asking for some help with expenses to represent you in person at court ?
Can you link your thread on that forum ?2 -
LightFlare said:Jono_56B said:**PLEASE DO NOT DIRECT ME TO FTLA**
They are seemingly called Free Traffic Legal Advice, however the main administrators have always resorted to ask for paid representation rather than providing what the website claims as being FREE legal advice. I see others in their forums having their query and matter resolved completely without resorting to paid representation.
(which was helpfully drafted by admin from FTLA) :
It seems that you did get help with an appeal
Was It someone asking for some help with expenses to represent you in person at court ?
Can you link your thread on that forum ?
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/whipps-cross-road-bus-lane-fine/
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The Traffic Penalty Tribunal is pretty risk free.Their grounds for not cancelling aren't grounds at all - they're just a fob off to make you pay up and go away. Entirely typical with most councils.
If you have an existing case as evidence, you're sorted. You don't need a solicitor at all. Last one I did was all through the post without a hearing and I still won.3
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