No Right Turn in London (Havering BC) - relevant legislation

[SonicShadow]

Hoping this is a relatively simple one...

Can someone confirm what the correct legislation is concerning a No Right Turn offence in a London Borough? I think it's London Local Authorities and Transport for London Act 2003. The bit I'm particularly interested in is Section 6 which defines the time limits in which a LA must issue the PCN.

If I'm reading it correctly, they have 28 days to issue the PCN. The only exemption they have is if they request the details from the DVLA within 14 days of the offence, and the DVLA are late in supplying the LA the information.

In my case, the PCN was *dated* 35 days after the offence, arrived 36 days after. The LA asked the DVLA for the keepers info 28 days after the offence, and the DVLA supplied the information 3 days after that.

As far as London Tribunal are concerned this should be a straight forward win if I'm reading the correct legislation?

[SonicShadow]

Unfortunately due to the timing of it, I didn't have the information from the DVLA before sending my formal appeal so I appealed on the grounds of it being outside of 28 days. The LA responded saying that the DVLA were late in supplying them the relevant information and are therefore satisfied that the PCN was issued correctly. I now know that's a lie! I don't think I have another opportunity to submit an appeal to the LA now, the paperwork suggests the next step is Tribunal.

[SonicShadow]

An LA being dishonest or incompetent... who'd have thought it!

I'll try going direct to them first, but if they take too long to respond (seeing as it took them over a month to issue a PCN and took them a long time to respond to my formal appeal) I'll have to start the tribunal process. Not done a London one before, but have been through a couple of TPT ones for council PCN's.

Thanks for the tips Red!

[SonicShadow]

No response from LA, tribunal appeal submitted. LA has til the 4th August to submit a response if they choose to.

[SonicShadow]

LA have submitted their response, short and sweet:





Ridiculous that it had to get this far and a waste of for all involved, but there we go.

Thanks again Red for putting me on the right track with the appeal specifics!

[SonicShadow]

No problem. Looks like I still have to wait til the 4th August for Tribunal to make it official, once done I'll post up the case reference as it looks like you can see it all online these days anyway.