The challenge that never was in Tower Hamlets

Mr Mustard helps a skip hire company who inevitably incur PCNs whilst collecting or delivering a skip other than on a main road as they have to breach the weight limit but are exempt provided they take the shortest route. They don't get many jobs in Tower Hamlets but did have one in Tredegar Square and accessed it via Tredegar Road which sounds OK but possibly wasn't. Anyway, the PCN which arrived was deficient. Here is an extract:

 

 

The PCN was deficient for not stating the weight which was allegedly exceeded. This is usually enough at the tribunal for a win. The PCN must state the contravention which is believed to have been exceeded and we don't know if the weight was 5T, 7.5T etc.
Sometimes the sign will be within the images provided but not in this case.

The PCN was dated 1 March 2024.

Representations were made against it online on 11 March 2024. Following his usual practice Mr Mustard embedded a copy of the authority letter within the representations so that he doesn't forget to prove his right to act.

On 10 April Tower Hamlets Council sent a nonsense letter:

 

 

Mr Mustard duly arranged for a representation to be sent in by the company on 18 April which included a waste transfer note.

 

All was then quiet until 30 May when the council accepted the waste transfer note as genuine (it was) and cancelled the PCN.

 

Mr Mustard suspects that the failure to consider the representations the first time around would have counted against the council at the tribunal and the failure to state a weight almost certainly would have, there being a number of decisions in favour of motorists on this point. Do use this ground if you receive a similar PCN.

The cctv isn't all that near the sign in question either so the time of the alleged contravention might also have been wrong so that is a fight for another day or may help you if you receive a PCN relating to Tredegar Road.

The end.