3. 52M - BAGLEYS LANE - London Borough of Hammersmith and Fulham
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52M - BAGLEYS LANE - London Borough of Hammersmith and Fulham
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Hi,
Have managed to pick up yet another PCN !  Already had one issued last month by Merton Council which is being challenged.  Hoping you’ll can help yet again – Thanks.

Contravention:  52M – Failing to comply with a prohibition on certain types of vehicles (m) motor vehicles.
Place – Bagley Lane SEbnd nos 2A-12

I have attached
1)a copy of the PCN notice. 








2)Video Link: 


3)Image link:


4)Route I took on the day (highlighted in red) – to explain the route I took on the day.


Essentially, I was on the B318 and turned right onto the A308 (towards Wandsworth) and then turned into Bagleys lane, continued on Bagleys lane and then turned onto Cresford road.

To be honest, I was new to the area.  Restrictions on residential roads ( not near a school) is just a trap.  Besides, to my bad luck I did not see the signs with the restrictions at the time of driving. The A308 turning to Bagleys lane is quite a busy area, with a box junction, lots of traffic area etc and I didn’t notice the sign on the main road nor the subsequent one’s. Looking into it now, it appears it is a money-making trap for Hammersmith and Fulham council.  Please see article below: https://www.dailymail.co.uk/news/article-8695487/Greedy-London-council-widens-ban-drivers-using-roads-without-permit.html

I feel it’s a long shot but - just wondering if any of the wonderful experts on this forum can spot any error either on the PCN or otherwise that would give me a chance to appeal? 

Thanks.
« Last Edit: June 19, 2024, 12:58:05 am by cp8759 »
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Re: 52M - BAGLEYS LANE - London Borough of Hammersmith and Fulham
« Reply #1 on: »
Hi,

Just bumping this up again.  Any grounds to challenge this?

Thanks.
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Re: 52M - BAGLEYS LANE - London Borough of Hammersmith and Fulham
« Reply #2 on: »
The grounds limits to one ground.

Video shows no signage allegedly passed=no contravention.
« Last Edit: June 16, 2024, 04:53:01 pm by Hippocrates »
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IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
Re: 52M - BAGLEYS LANE - London Borough of Hammersmith and Fulham
« Reply #3 on: »
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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
Re: 52M - BAGLEYS LANE - London Borough of Hammersmith and Fulham
« Reply #4 on: »
Hi,

PCN is:  HZ82913398.


Thanks.
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Re: 52M - BAGLEYS LANE - London Borough of Hammersmith and Fulham
« Reply #5 on: »
@poorthing so looking at the original council photos it strikes me that the nearside sign might be obscured by foliage:



Would you be able to go back and check, and get some photos?
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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
Re: 52M - BAGLEYS LANE - London Borough of Hammersmith and Fulham
« Reply #6 on: »
Hi,

Went back to the area and am attaching the photo.  Unfortunately the sign is not obstructed by any foliage when you turn into the road.



Do let me know if you can spot anything to appeal.
Thanks.
« Last Edit: June 18, 2024, 01:20:51 am by cp8759 »
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Re: 52M - BAGLEYS LANE - London Borough of Hammersmith and Fulham
« Reply #7 on: »

Hi @cp8759,

Please see attached photo you requested.

Thanks.
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Re: 52M - BAGLEYS LANE - London Borough of Hammersmith and Fulham
« Reply #8 on: »
@poorthing oddly I don't have the traffic order for this location, so I'll have to request it.

In the meantime you might want to consider the strategy of last resort.
Logged
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
Re: 52M - BAGLEYS LANE - London Borough of Hammersmith and Fulham
« Reply #9 on: »
Logged
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
Re: 52M - BAGLEYS LANE - London Borough of Hammersmith and Fulham
« Reply #10 on: »
The PCN does  not comply with the law as it limits to one ground of representations. The law states "one other grounds"  (I have seen several cases on  this so I would stick it in.)
« Last Edit: June 19, 2024, 05:27:51 pm by Hippocrates »
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IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
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Re: 52M - BAGLEYS LANE - London Borough of Hammersmith and Fulham
« Reply #11 on: »
@Hippocrates could you write a draft for poorthing?
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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
Re: 52M - BAGLEYS LANE - London Borough of Hammersmith and Fulham
« Reply #12 on: »
Dear H and F

Ref: PCN                      VRM                 

I make these formal representations against this PCN:

1. The video does not show ay signage allegedly passed. Therefore, the alleged contravention is not proved.

2. The PCN limits to one ground whereas the law clearly states "one or other grounds" as provided @ para. 1(1) to Schedule 1: https://www.legislation.gov.uk/ukla/2003/3/schedule/1/enacted

In this regard I refer you to the review decision in Rinat Bikatov v London Borough of Waltham Forest Case no. 2120030405. I ask you to note that prejudice is irrelevant and that it is unacceptable to depart from the statutory scheme for whatever reason. Moreover, there are other decisions allowed in this regard.

In light of the above, please cancel the said PCN forthwith.

Yours

Registered keeper

Address
« Last Edit: June 20, 2024, 07:38:01 pm by Hippocrates »
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IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
Re: 52M - BAGLEYS LANE - London Borough of Hammersmith and Fulham
« Reply #13 on: »

Thanks cp8759 and Hippocrates for drafting. Appreciate your help. I have submitted, will update you'll on the outcome when I hear back from them.



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Re: 52M - BAGLEYS LANE - London Borough of Hammersmith and Fulham
« Reply #14 on: »
Hi,

Many thanks cp8759 and Hippocrates ( for drafting) - London borough of hammersmith and Fulham cancelled the PCN. :)

Have attached a copy of the letter, after a whole explanation, there is one line saying they have cancelled it!

https://imgur.com/a/gznS8WN

Appreciate all your help.  Thanks once again.
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