Lambeth PCN - Prohibition of certain types of vehicleCode 52 - Lingham Street Conflicting Signage

Thanks - I’ve incorporated the feedback into the below note, would appreciate any feedback before submitting today.

PCN references: LJ38789898 and LJ38738803139

Ground of representation: The alleged contravention did not occur

I was driving north-west along Lingham Street towards Clapham Road, having turned right into Lingham Street from Stockwell Green.

At the entrance to Lingham Street, the prescribed Pedestrian and Cycle Zone signs state that the restriction operates Monday–Friday, 08:15–09:15 and 14:45–15:45. I entered outside those restricted hours. The signage therefore objectively indicated to me that the prohibition was not then in force and that I could lawfully proceed along Lingham Street.

However, after I had already committed to Lingham Street and travelled approximately 100 metres along it, I encountered a new and materially different restriction: a 24-hour Motor Vehicles Prohibited restriction.

There was no advance warning at the entrance to Lingham Street that, despite the part-time restriction displayed there, motorists would encounter a separate 24/7 prohibition further along the same road. Nor was there an alternative road or exit available before reaching the second restriction. By the time those signs became apparent, the only apparent means of avoiding passing them would have been to stop in the carriageway and perform a U-turn.

I submit that this arrangement does not adequately convey the restriction to a motorist. A driver is expressly presented with a part-time prohibition on entering Lingham Street and, having lawfully entered outside its hours of operation, is subsequently confronted without adequate advance warning by a continuous 24/7 prohibition on the same road.

The Council’s camera subsequently records my vehicle exiting the restricted section. However, the issue is not simply whether my vehicle passed the later signs, but whether the restriction was adequately and clearly conveyed to a motorist before the motorist had committed to the route.

In these circumstances, I submit that the signage was insufficient to adequately convey the restriction and therefore that the alleged contravention did not occur.

I have received two PCNs — LJ38789898 and LJ38738803139 — for the same alleged contravention at this location on separate occasions. Both journeys occurred in materially identical circumstances and arose from precisely the same signage arrangement.

I therefore ask the Council to consider these representations in respect of both PCNs. If the Council accepts that the restriction was not adequately conveyed in respect of one journey, the same issue necessarily applies to the other.

For these reasons, I respectfully request that both PCNs, LJ38789898 and LJ38738803139, be cancelled.

Thanks, I've now had both my initial appeals rejected with the below details. Do I have a strong case to make an appeal and risk double jeopardy against two PCN for the same violation as above?


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Is there anything that I should change with my formal appeal letter?

Thanks!

Pl stop transcribing, your wrists must be shot with all that typing.

Post the docs themselves. If uncertain how, read the top of the Forum main page: READ THIS FIRST...

You have made formal reps, so the next stage is to appeal or pay.

I can't work out what they've said in their response because the format makes this very difficult, hence the need to post actual docs with whose format we're familiar.

Pl stop transcribing, your wrists must be shot with all that typing.

Post the docs themselves. If uncertain how, read the top of the Forum main page: READ THIS FIRST...

You have made formal reps, so the next stage is to appeal or pay.

I can't work out what they've said in their response because the format makes this very difficult, hence the need to post actual docs with whose format we're familiar.

I am sorry about that. I've included the document. Please let me know if I should change anything with the formal appeal.


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Thank you.

Unless sent by email, deemed date of service of NOR is 15th September so keep an eye on the discount as on the website.

Unless sent by email, deemed date of service of NOR is 15th September so keep an eye on the discount as on the website.

I received the two rejections by e-mail last week with the links above.  The centre of their argument is that there is adequate notification from Stockwell Garden. I do not recall the sign for anything beyond the school hour restrictions. As this is a new LTN and Google Maps images are a year old they may not show up. The video I took before starts at a turn to Lingham Street not further down from Stockwell Gardens.

I will get this information but would be good to understand if my case is strong for appeal - as there are two identical PCN its quite double jeopardy 320 pounds.

Thank you

How do I open your NOR attachments without downloading?

How do I open your NOR attachments without downloading?

Hi,

Please try here





Thank you