Upon which Act(s) of Parliament do London Boroughs rely?
Discussion
Good afternoon folks,
I am helping a friend defend a couple of Penalty Charge Notices issued at the same time/date in the same location, on two separate vehicles by two separate CEO's in Hackney.
We are still within the informal appeal window and the reduced offer of 50% is currently held in abeyance. I have run two separate defences. The defence I wish to discuss is where the CEO had not signed the Notice where indicated. Both Notices were issued under the Traffic Management Act 2004 yet in Hackney's response they cite they are not obligated to sign the PCN, making reference to Section 66 of the Road Traffic Act 1991 and not the Traffic Management Act 2004.
My question is directed to Legal Eagles. Is this worth pursuing further? Should I re-appeal at the formal stage and, if rejected, take a pitstop with a Traffic Adjudicator? Run a more solid defence at the formal stage of appeal? (ie. Unforeseen mechanical breakdown. ("Brakes") Or advise my friend to pay before the discounted settlement window expires? Or is there something else that makes more sense.
The element which feels inconsistent is where the Penalty Charge Notice relies on the the Traffic Management Act 2004. Is it therefore reasonable that Hackney are able to rely upon an unconnected Act?
Any advice in this area would be greatly appreciated.
Sincerely,
The Viking General
I am helping a friend defend a couple of Penalty Charge Notices issued at the same time/date in the same location, on two separate vehicles by two separate CEO's in Hackney.
We are still within the informal appeal window and the reduced offer of 50% is currently held in abeyance. I have run two separate defences. The defence I wish to discuss is where the CEO had not signed the Notice where indicated. Both Notices were issued under the Traffic Management Act 2004 yet in Hackney's response they cite they are not obligated to sign the PCN, making reference to Section 66 of the Road Traffic Act 1991 and not the Traffic Management Act 2004.
My question is directed to Legal Eagles. Is this worth pursuing further? Should I re-appeal at the formal stage and, if rejected, take a pitstop with a Traffic Adjudicator? Run a more solid defence at the formal stage of appeal? (ie. Unforeseen mechanical breakdown. ("Brakes") Or advise my friend to pay before the discounted settlement window expires? Or is there something else that makes more sense.
The element which feels inconsistent is where the Penalty Charge Notice relies on the the Traffic Management Act 2004. Is it therefore reasonable that Hackney are able to rely upon an unconnected Act?
Any advice in this area would be greatly appreciated.
Sincerely,
The Viking General
Edited by vikinggeneral on Sunday 6th October 17:48
This may come across as sounding arsey. Apologies if it does; it isn’t intended to be.
First, if you’re helping your friend but have to come onto a motoring forum for advice, I think you should question whether you’re qualified to be helping. Sometimes “help”, well-intentioned but ill-informed, can be harmful.
Secondly, rather than focus on what pieces the legislation the local authority has referred to, focus on what piece of legislation you say requires a signature on the notice. Unless you can put your finger on that provision, this is an empty point.
Thirdly, when you ask whether you should rely on a “more solid defence” at this stage, yes you should. Assuming (a) your friend has one and (b) it is a valid defence.
First, if you’re helping your friend but have to come onto a motoring forum for advice, I think you should question whether you’re qualified to be helping. Sometimes “help”, well-intentioned but ill-informed, can be harmful.
Secondly, rather than focus on what pieces the legislation the local authority has referred to, focus on what piece of legislation you say requires a signature on the notice. Unless you can put your finger on that provision, this is an empty point.
Thirdly, when you ask whether you should rely on a “more solid defence” at this stage, yes you should. Assuming (a) your friend has one and (b) it is a valid defence.
Edited by BlackTails on Monday 7th October 13:46
t.BlackTails said:
This may come across as sounding arsey. Apologies if it does; it isn’t intended to be.
First, if you’re helping your friend but have to come onto a motoring forum for advice, I think you should question whether you’re qualified to be helping. Sometimes “help”, well-intentioned but ill-informed, can be harmful.
Secondly, rather than focus on what pieces the legislation the local authority has referred to, focus on what piece of legislation you say requires a signature on the notice. Unless you can put your finger on that provision, this is an empty point.
Thirdly, when you ask whether you should rely on a “more solid defence” at this stage, yes you should. Assuming (a) your friend has one and (b) it is a valid defence.
No, that's alright, In answer to you first point, given I have successfully defended hundreds of PCN's and never lost a case since 2007 I'm in a very strong position to help everybody, only given this opportunity to explore a new avenue hence the reason for the post. Your second point is acknowledged. Hackney have now accepted the mechanical breakdown argument for the first PCN. We will submit the same defence during the formal stage for the second PCN. He has another PCN now in the same area with the same vehicle now as well... First, if you’re helping your friend but have to come onto a motoring forum for advice, I think you should question whether you’re qualified to be helping. Sometimes “help”, well-intentioned but ill-informed, can be harmful.
Secondly, rather than focus on what pieces the legislation the local authority has referred to, focus on what piece of legislation you say requires a signature on the notice. Unless you can put your finger on that provision, this is an empty point.
Thirdly, when you ask whether you should rely on a “more solid defence” at this stage, yes you should. Assuming (a) your friend has one and (b) it is a valid defence.
Edited by BlackTails on Monday 7th October 13:46
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