Author Topic: 52M failing to comply with a prohibition on motor vehicles -Station Road Barking  (Read 390 times)

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Hello,

I have just recieved 2 PCN notices for failing to comply with a prohibition minutes apart. (10:58 and 11:01)

This was my first time travelled to Barking. I had to drop off my partner at the station and then had to do a uturn . i can honeslty say that i was not aware of any signs i could see visible that woud have warned me before that there was no through access to longbridge road.

i woud appreciate if any experts out there think i have a case as reading through some cases this seems to be the case where the drivers seem to miss the signage or are not warned beforehand turning into station parade.

i have 14 days from the 20/10/23 to make a representation and would apprecate any help.

below are the PCN and video links. Thank you in advance,

PCN 1:
https://drive.google.com/drive/folders/1QH6EvPj53o1mJtUr-PbHONMYSDltpvzE?usp=sharing
PCN 2 :
https://drive.google.com/drive/folders/13Gd8_TVX-s9uwDh5nwblvbFv6LG2xTe3?usp=sharing

Street View:
https://maps.app.goo.gl/XMX4NCAnDqWWkdE68

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« Last Edit: October 25, 2023, 10:29:27 am by dakang »

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Please post the remainder of one  (assuming they're identical) of the PCNs.

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Station Parade Barking is a well-known cash cow for the council. If you approach from the roundabout end there's a couple of signs prohibiting motor vehicles except buses. From the other end the signs are each side of the road. I've not been round there for a few months so signs may have been improved since then, but they were not particularly outstanding.

I'd say there should only be 1 pcn as there's only one offence if you've been in and done a U turn.
Bus driving since 1973. My advice, if you have a PSV licence, destroy it when you get to 65 or you'll be forever in demand.

You went past the signs twice so by the letter of the law there are two contraventions.

However your best bet IMO is to make a plea for discretion requesting that they allow you to pay one PCN at the discounted rate. This is the only scenario where I'd suggest sending a letter in the post, because if they only log it against one of the PCNs you then get the other one cancelled based on a failure to consider.

Also if you have any meaningful mitigation please tell us now.

Lastly please re-post the remaining pages of the PCN, for some reason they don't load up. I suggest you just upload them to your google drive folder and let us know when that's been done.
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