Author Topic: 50r - Performing a prohibited turn (no right turn) - Lambeth  (Read 981 times)

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50r - Performing a prohibited turn (no right turn) - Lambeth
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Hi,

Any grounds of appeal for the following appeal?  :'(  :-[


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Thank You..

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Re: 50r - Performing a prohibited turn (no right turn) - Lambeth
« Reply #1 on: »
Hi guys,


This is the GSV -
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Is there any errors in the PCN before I pay this PCN?

Thanks
« Last Edit: March 31, 2024, 12:13:45 pm by cp8759 »

Re: 50r - Performing a prohibited turn (no right turn) - Lambeth
« Reply #2 on: »
Need to see the back of the PCN before we can say the PCN is OK or not.

I'm surprised you didn't get any response, but just putting up a load of photos without any narrative is never a good idea. The sign is clear enough, in my view, so did you just chance your arm and hope there wasn't a camera ?
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Re: 50r - Performing a prohibited turn (no right turn) - Lambeth
« Reply #3 on: »
Need to see the back of the PCN before we can say the PCN is OK or not.

I'm surprised you didn't get any response, but just putting up a load of photos without any narrative is never a good idea. The sign is clear enough, in my view, so did you just chance your arm and hope there wasn't a camera ?

To be fair I wish I knew myself..

Here is the back of the PCN alongside the representation page that came with it

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« Last Edit: March 16, 2024, 10:54:47 am by privates »

Re: 50r - Performing a prohibited turn (no right turn) - Lambeth
« Reply #4 on: »
To be honest, I can't see anything wrong with the PCN, and the sign is clear albeit on the off-side of the direction of travel, but seems clear enough, although being on the off-side, it could be obscured by high-sided vehicles, but the photos show no traffic like this.

Discount looks the best option IMHO.  You could have a punt at London Tribunals on the description of the statutory grounds of "driven without your consent" that implies it's restricted to the car being stolen, because there's no restriction like this in the regulations, but the full PCN penalty would be in play.
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Re: 50r - Performing a prohibited turn (no right turn) - Lambeth
« Reply #5 on: »
To be honest, I can't see anything wrong with the PCN, and the sign is clear albeit on the off-side of the direction of travel, but seems clear enough, although being on the off-side, it could be obscured by high-sided vehicles, but the photos show no traffic like this.

Discount looks the best option IMHO.  You could have a punt at London Tribunals on the description of the statutory grounds of "driven without your consent" that implies it's restricted to the car being stolen, because there's no restriction like this in the regulations, but the full PCN penalty would be in play.

Appreciated. I'll pay the PCN unless the tribunals stands a fair chance  ::)

Re: 50r - Performing a prohibited turn (no right turn) - Lambeth
« Reply #6 on: »
The TWOC ground is ok because they state e.g. or such as.
@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"

Re: 50r - Performing a prohibited turn (no right turn) - Lambeth
« Reply #7 on: »
The TWOC ground is ok because they state e.g. or such as.

Which means, sorry?

Re: 50r - Performing a prohibited turn (no right turn) - Lambeth
« Reply #8 on: »
You can't use it.
@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"
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Re: 50r - Performing a prohibited turn (no right turn) - Lambeth
« Reply #9 on: »
@privates you've missed the discount and the representations deadline and the council website says a charge certificate will be issued on 7 April, looks like you've fallen asleep at the wheel with this one?

Please go onto the council website right now and make a representation, just say "the contravention did not occur" and keep a screenshot of the confirmation page. It doesn't matter that they'll reject, the key here is to get a notice of rejection at £130 which you could then appeal, rather than a charge certificate at £195 which you can't appeal.
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
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Re: 50r - Performing a prohibited turn (no right turn) - Lambeth
« Reply #10 on: »
@privates you've missed the discount and the representations deadline and the council website says a charge certificate will be issued on 7 April, looks like you've fallen asleep at the wheel with this one?

Please go onto the council website right now and make a representation, just say "the contravention did not occur" and keep a screenshot of the confirmation page. It doesn't matter that they'll reject, the key here is to get a notice of rejection at £130 which you could then appeal, rather than a charge certificate at £195 which you can't appeal.

Here is the reply received to the above..

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Re: 50r - Performing a prohibited turn (no right turn) - Lambeth
« Reply #11 on: »
@privates you've missed the discount and the representations deadline and the council website says a charge certificate will be issued on 7 April, looks like you've fallen asleep at the wheel with this one?

Please go onto the council website right now and make a representation, just say "the contravention did not occur" and keep a screenshot of the confirmation page. It doesn't matter that they'll reject, the key here is to get a notice of rejection at £130 which you could then appeal, rather than a charge certificate at £195 which you can't appeal.

Here is the reply received to the above

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Re: 50r - Performing a prohibited turn (no right turn) - Lambeth
« Reply #12 on: »
Tomorrow is the last day for discount, you best take it

Re: 50r - Performing a prohibited turn (no right turn) - Lambeth
« Reply #13 on: »
Two points here:

1) Location, they say it's Cavendish Road but it appears to be the South Circular Road.
2) They might not have TFL's consent to enforce at this location.

As the discount is gone, there's nothing to be lost in giving it a go.

@privates I'll drop you a PM.
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