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Help with Refusal of Appeal

**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? 

Comments

  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
    1,000 Posts Second Anniversary Name Dropper Photogenic
    If you want legal advice see a solicitor 
  • Coupon-mad
    Coupon-mad Posts: 149,190 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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 THREAD
  • LightFlare
    LightFlare Posts: 1,405 Forumite
    1,000 Posts First Anniversary Name Dropper
    edited 27 September 2024 at 4:24PM
    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) : 


    I am actually staggered by this - what exactly was the help/representation you were asking for

    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 ?
  • Gr1pr
    Gr1pr Posts: 6,971 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    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) : 


    I am actually staggered by this - what exactly was the help/representation you were asking for

    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 ?
    Seems to be the following thread 

    https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/whipps-cross-road-bus-lane-fine/

  • Car1980
    Car1980 Posts: 1,008 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    edited 27 September 2024 at 7:19PM
    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.
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