Author Topic: 52J - Derby Rd junction Clarendon Road (Croydon) PCN  (Read 1575 times)

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52J - Derby Rd junction Clarendon Road (Croydon) PCN
« on: »
I had received the PCN attached and appealed the same by following the responses/help provided in this thread on ftla https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/52j-derby-rd-junction-clarendon-road-(croydon)/

My appeal is below
Quote
Dear Sir or Madam,

I make representations against the above PCN on the ground that the alleged contravention did not occur.

The PCN alleges a failure to comply with a “prohibition on certain types of vehicles (52J)”. This description is vague and generic and fails to specify which class of vehicle was prohibited at the location (e.g. motor vehicles, goods vehicles, motorcycles, etc.).

Contravention code 52 encompasses multiple distinct prohibitions, each corresponding to a different traffic sign and legal restriction. A PCN must clearly and accurately convey the nature of the alleged contravention so that the recipient can understand the allegation and make informed representations. In this case, the PCN does not do so.

This principle has been confirmed by adjudicators. In Stanmore Quality Surfacing Ltd v London Borough of Havering (223050945A, 2240046992), the adjudicator held that a PCN must properly and unambiguously describe the contravention alleged. Where the description is unclear or incomplete, enforcement cannot be sustained. Similarly, in Roger Marlow v London Borough of Brent (223050929A), the adjudicator found that ambiguity in the contravention description is prejudicial and renders the PCN unenforceable.

The most obvious ground for making representations is that the penalty doesn't state what type of vehicle is prohibited, as per these cases:
1) Roger Marlow v Royal Borough of Kingston Upon Thames (2170021610, 23 February 2017) - Link for ETA Register of Appeal is https://drive.google.com/file/d/1lEGiMYisrwPJkHb8oz-Qdq2CByNSeeSu/view
2) Stanmore Quality Surfacing Ltd v London Borough of Brent (223050929A, 13 January 2024) - Link for ETA Register of Appeal is https://drive.google.com/file/d/1L3OEwynmO8a3iWg8Qs5pPSE8BlA_3Nl-/view
3) Stanmore Quality Surfacing Ltd v London Borough of Havering (223050945A, 13 January 2024) - Link for ETA Register of Appeal is https://drive.google.com/file/d/1MEAhzT8Df7MWJhCskE7Fnl5KnqII0DQz/view
4) Stanmore Quality Surfacing Ltd v London Borough of Havering (2240046992, 23 March 2024) - Link for ETA Register of Appeal is https://drive.google.com/file/d/1vYAHQpakhduws7lEvJVV6EcoshW6xoXb/view

As drafted, the PCN does not identify the specific prohibition allegedly breached, nor the vehicle class said to be prohibited. This creates uncertainty as to the nature of the alleged contravention and fails to meet the required standard of clarity and fairness.

Accordingly, the enforcement authority has not discharged the burden of proving that a contravention occurred. I therefore request that the PCN be cancelled.

Yours faithfully,

My appeal has been rejected and also attached the appeal response from croydon council

Appreciate your input on what I should do next.






Regards
HJ

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Re: 52J - Derby Rd junction Clarendon Road (Croydon) PCN
« Reply #2 on: »
You've blanked out far to much key information !  Please read this and update your thread accordingly or advice if it comes will be rather sparse.
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/

My PCN no is CR23638818

And Vehicle number is GU12SXM

Sorry didnt know had to knew that i had to keep the above details in the attachments.
« Last Edit: February 09, 2026, 01:18:36 am by hejain »

Re: 52J - Derby Rd junction Clarendon Road (Croydon) PCN
« Reply #4 on: »
Appreciate you quick help

Re: 52J - Derby Rd junction Clarendon Road (Croydon) PCN
« Reply #5 on: »
Pity you didn't come on here before submitting your reps. It is very unlikely you'll win with those reps, but you can try, of course. You have the absolute right in law to take the council to London Tribunals.

However your reps say nothing about the circumstances that gave rise to the PCN, like the signage that you went past. So here is what I think you drove past, but what direction ?
https://maps.app.goo.gl/FnDV7PmN6aMLhaC39

I should say that we've seen this location before, but quite a time ago, so I can't remember how the case went. But it involved the OP turning into Derby Road from London Road.


Re: 52J - Derby Rd junction Clarendon Road (Croydon) PCN
« Reply #6 on: »
Hello

My alleged contravention is same as this one posted more than a year ago and there was no response from OP - https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/52j-derby-rd-junction-clarendon-road-(croydon)/

And i followed the responses given in that for my appeal as they gave strong conviction and few cases mentioned had success.

Yes, it was entry from London Road in to Derby Road and going past Clarendon road after the sign posts.Google maps is showing the old photos as the direction has been reversed now and the road blockades are not there any more such that any vehicle can go past not noticing the signs. Possible changed more recently.

Any ways i am still thinking whether to paid it off or take to adjudicator based on the success of the cases references mentioned in my appeal.

Appreciate your input thanks..

Re: 52J - Derby Rd junction Clarendon Road (Croydon) PCN
« Reply #7 on: »
Well, before you cough up the penalty, can you supply some photos to show what signs are there as you turn from London Road, and what has replaced what GSV shows at the moment. There may be the bones of an appeal there, but needless to say, you'd have to take them to London Tribunals and risk the full PCN penalty.

Re: 52J - Derby Rd junction Clarendon Road (Croydon) PCN
« Reply #8 on: »
Here is the evidence pictures from PCN https://ibb.co/N2Jr1ZSy

Unable to download the video to upload and share a link here..

Google Street View still shows there are wooden blockade or barricades when coming from London Road to Derby and entering the intersection of clarendon road.

Here is GSV link showing there are no signs and wooded barricades and pole put to stop traffic going further to the intersection
https://www.google.com/maps/place/Derby+Rd,+Croydon/@51.3780895,-0.1036996,3a,75y,283.14h,67.21t/data=!3m7!1e1!3m5!1s9-qFTYb40ugRH4VX2ffJsw!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D22.78771973636887%26panoid%3D9-qFTYb40ugRH4VX2ffJsw%26yaw%3D283.14314094768974!7i16384!8i8192!4m6!3m5!1s0x4876073aa586b5f1:0x161cd9983d6dbe0f!8m2!3d51.3778881!4d-0.1057017!16s%2Fg%2F1w6r7rl8?entry=ttu&g_ep=EgoyMDI2MDIwNC4wIKXMDSoKLDEwMDc5MjA3M0gBUAM%3D
« Last Edit: February 09, 2026, 05:22:53 pm by hejain »

Re: 52J - Derby Rd junction Clarendon Road (Croydon) PCN
« Reply #9 on: »
GSV view of 2022 shows what used to be there, which is road is closed. Clearly this caused a row with residents so they've now changed it to allow permit holders and probably cyclists. I see the planter boxes are still there bine used to narrow the gap at the sign location.  Frankly I don't think you have a strong case to take to London Tribunals, because the signs are clear enough. So why did you drive past the signs as they seem clear enough even in darkness ?

Re: 52J - Derby Rd junction Clarendon Road (Croydon) PCN
« Reply #10 on: »
Thanks for the response.

I have finally decided to pay it off rather than take to tribunal.

It was a sunday evening at 7pm and missed to see the signs thats why i drove down in to it.

Thanks and appreciate all the help..