Author Topic: (Southwark) 52m *2 - Failing to comply with a prohibition on certain types of vehicle  (Read 1126 times)

0 Members and 124 Guests are viewing this topic.

Hi All


I hope you can help. I received the attached PCN from Southwark and have also received one for the following week at the same time.

I was taking my son for 2 scheduled sessions at the Michael Rutter centre which is part of Maudsley Hospital and is in De Crespigny Park. It was as I was driving away after these appointments that I drove into this apparently restricted area.

There were no signs on De Crespigny Park indicating that the road ahead was closed and I did not note the signs which you can see the back of in the picture, I assumed they were parking restrictions and as I wasn't parking paid them little attention.


Do I have grounds for an appeal or should I just pay the reduced charges? Hopefully there is something I can do as I am currently a full time carer and this is a lot of money to me.

Thanks in advance for your help
John

[ Guests cannot view attachments ]
« Last Edit: May 27, 2024, 06:42:53 pm by Miflock »

Share on Bluesky Share on Facebook



Thanks John, flip side of the PCN and the GSV without restriction signs are attached below, I believe the signs are new this year and the latest google image is from Aug 2022.



[ Guests cannot view attachments ]

pcn4.jpg

Is not a link!
Here?
https://maps.app.goo.gl/tgbYC1r9MVG1Kk2j8

So the prohibition is a no right-turn from deCrespigny Rd into Grove Rd?
Does the Council website have ang photos of (the car passing) the signs?

Quote
There were no signs on De Crespigny Park indicating that the road ahead was closed

If you are certain there is no advanced 'no right-turn' sign in de Crespigny Road you could make a simple challenge of inadequate signage to each PCN within its discount period to preserve discount.

What is the date of the other PCN?

Video:



@Miflock as Google Street View is not up to date, I'm afraid you'll have to go back and get photos of the signs. We can't really evaluate the chances of a successful appeal if we don't know what signs are there.

In the meantime I'll get hold of the traffic management order.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Thanks for your help so far, I am putting together an appeal to send in.

Pictures of the approach from De Crespigny Park towards the restricted area and the signage are attached. There are no warning signs in place along either road before the actual restricted area. Also looks like there has been something over the signage recently as bits of what looks like plastic bin liner are still hanging off. Does this help and should I mention it in the appeal?

PCN6 is the view as you turn out from the hospital, PCN9 & 10 are taken on the corner to Grove Rd showing the signage. Managed to stop 2 other cars from turning down the road when I was there!

Thanks again
John

[ Guests cannot view attachments ]

Sorry, but you haven't posted up everything we would like to see, so read this and update accordingly.

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

If you approach the restriction head-on they could argue no advance warnings are needed because you can turn off right.  Did you know what the "Flying Motorbike" sign means ?

Quote
If you approach the restriction head-on they could argue no advance warnings are needed because you can turn off right. - Incandescent

True, but the OP approached Grove Road from De Crespigny Road, where there are no advance warning 'No right turn' sign(s). But photo PCN9 is pretty damning :(  .

----

@Miflock   By my calculation, you must make a representation online before midnight tonight to ensure that re-offer the discount is re-offered when they reject. Hence the suggestion in my earlier post:

Quote
If you are certain there is no advanced 'no right-turn' sign in de Crespigny Road you could make a simple challenge of inadequate signage to each PCN within its discount period to preserve discount.

What is the date of the other PCN?

We still don't know the date of the other PCN.

Make a simple rep. (separately for each PCN) along the lines of
Dear Sirs,
PCN JK12345678
I wish to make representation against the above PCN on the grounds of inadequate signage, on the grounds that there is no advance warning in De Crespigny Road of the oncoming no right turn restriction.
Yours faithfully....


Make sure you keep a copy of any acknowledgemen/automated receipt.


You will then have bought yourself more time to see if there are realistic grounds of appeal.







Thanks for the help so far

Have filed the representation as suggested and received the acknowledgement. Will let you know the response when received.


The first one should have been moving to the higher rate today but on the Southwark page it stated that it was at the lower rate until 12th June. The second PCN was issued on 21/05/24 but states on the website that the 50% reduction will expire on 18th June.


Sorry, but you haven't posted up everything we would like to see, so read this and update accordingly.


I think I have posted everything asked for except the GSV link which John U.K kindly helped with, please let me know whats missing and I will happily include it.

I think I have posted everything asked for except the GSV link which John U.K kindly helped with, please let me know whats missing and I will happily include it.
You say you've got two PCNs but you've only shown us one, please upload the other one.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order


Yup still here, no response to the representations sent in yet.

I haven't posted the second PCN as its virtually identical to the first, just from one week later.

Thank you for posting the traffic order.

I haven't posted the second PCN as its virtually identical to the first, just from one week later.
Have you challenged it?
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order