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Penalty 51j failing to comply with a No Entry sign - camera enforcement (Kensington borough - Launceston Place junction)

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#1
Hi all,

Hoping for advice on a PCN I recently received from the Royal Borough of Kensington and Chelsea - PCN contravention 51j - "Failing to comply with a No Entry sign - camera enforcement".

I was riding my scooter and reached the junction of Launceston Place with Victoria Grove in Kensington. I noticed that ahead of me was a bicycle lane, so I thought I could clear the junction by dismounting my scooter and pushing it through the bicycle lane. Not sure that was the best thing to do, but sure enough a PCN followed in the post this morning to say I did not comply with a No Entry sign. But the lane I passed through did not have any "No Entry" sign, the only sign I can see from the photos on the RBKC website is the one placed sideways on Victoria Grove road, which I did not pass.

I searched this site and seems there was a similar case back in 2023 when a motorbike rider also passed through that lane in that exact junction and they successfully argued at the Tribunal that there was no contravention. Link here: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/rbkc-51j-no-entry-on-motorbike/

Vehicle: LX65UKO
PCN: KE81689738
Images + short video on this link:
ocmlive.xrxpsc.com

PCN images (3 pages) - https://imgur.com/a/qXNJLYC
Location map:
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Any advice gratefully received. Many thanks!
#3
Thanks - so would you advise to make similar representations as in that case? Does it matter that I pushed the bike through that bike lane? The argument should be on the lack of signage pertaining to that bike lane, rather than the larger carriage way of Victoria Grove?
Also, can I make reference in my representation to the adjudicated case that was in fact lost by the RBKC authority?
#5
This is extrapolation of the urine. Also the PCN limits to one ground as opposed to one or other grounds.
@Incandescent!

I AM ABLE TO TAKE ON MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. I HATE RETIREMENT.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
#7
Hi everyone,

Just got back from holidays and received a Notice of Rejection from them - see pics below and here (8 pages in total): https://imgur.com/a/ckEZ3f5

Basically, their argument for enforcing the PCN is that I entered into a cycle lane with my motorcycle (regardless of dismounting before entering), therefore the "No Entry" sign is applicable. They don't seem to be addressing the previous case ruling I included in my representation, which says the No Entry sign only applies to those approaching the junction heads-on (from Victoria Grove).

They are still offering the discount of £80 if I pay within 14 days (so until 21 July) but I am minded on principle to take my chances with the tribunal.

What do you all think?

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#8
Whilst you can cite the successful appeal at this location, be aware that an adjudicator can choose to ignore it, because it does not set a precedent in law. So if you're up for the double-or-quits gamble of London Tribunals, give it a go. There are no additional costs in going to adjudication, just the full PCN penalty.
#13
Unfortunately, the outcome was not in my favour. The adjudicator chose to completely ignore the previous decision, fair enough - but strangely he couldn't come up with any reason for doing so. In his ruling, he says he is equally ignoring two other decisions which found in favour of the authority that were brought in as evidence by the council, even though we both agreed those cases were irrelevant to this case as they did not have to do with the main argument I put forward for my case - that the No entry sign does not apply to the cycle lane. The adjudicator based his decision on the fact that because I dismounted prior to using the cycle lane showed that I must have known there was a restriction. Not sure why the adjudicator applies the law here based on how I "felt" or "behaved" at the time. I thought my case was for him to rule whether the sign applies to the cycle lane or not, irrespective if you go through it on the motorbike or dismounting first. He says the sign applies and therefore I am liable for the penalty. Outcome here -
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