Author Topic: Barnet, 51J - failing to comply with a no entry restriction - Netherlands Road  (Read 137 times)

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Asking on behalf of a family member.

Bit of context - this PCN was sent to the registered keeper, who is elderly and is in a care home. My relative lives a couple of doors down and helps the registered keeper's elderly wife and daughter with errands. On the day of the incident, they went to visit the registered keeper. The RK's wife said she was tired afterwards, so my relative offered to drive them home and he did.

The wife contacted my relative yesterday to say she'd received this PCN from their journey. I don't think any violation has occurred, but would like a more learned opinion please.

The road has width restrictions on both sides, with a bus gate in between. There are No Entry signs on each side of the bus gate, prohibiting non-bus traffic through it.

My relative didn't drive through the bus gate. He drove through the width restriction. They live on a side road immediately next to the width restriction, which means once through it, you have to filter right to turn into the road. The pictures supplied on the PCN supports this is what happened.

In the process of filtering right, you have to go over hashed lines and "Bus Only" road markings intended for the opposite direction of travel. I wouldn't say there is a bus lane leading up to or following the bus gate. If 51J is supposed to be failing to comply with a no entry restriction, then I can't see a contravention here. Am I wrong?

I also can't see anywhere for the registered keeper to say he wasn't driving and to pass it on to my relative to appeal. As the wife is elderly, we're not convinced she'll be able to handle the paperwork side of this or attend a tribunal.

Video of incident

Google streetview

PCN page 1
PCN page 2
PCN page 3
PCN page 4

Many thanks for your consideration.

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I know this road well - I frequently play cricket off Chandos Avenue round the corner.

The video shows no contravention at all and seems to have been generated in error by the computer. Someone is meant to review the clips shortlisted for PCN by the computer but clearly hasn't in this case, or else was asleep while doing so.

@mrmustard may be interested as this is a Barnet case.

In terms of procedure, there won't be anywhere to confirm who was driving as the owner of the vehicle is responsible and the driver is not relevant.  But she can authorise another person to submit representations on her behalf (if she provides this authorisation in writing to the council).

This ought to be cancelled at the representations stage (and if it isn't Mr Mustard may have the ears of someone in Barnet council to see sense).
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I am interested as another client came to me with such a PCN from 14 December 2025.

It has now been cancelled but confirmation letters are taking a month to be issued by Barnet.

I have driven that way and veered to the middle of the road about 50 times now. PCNs received? None!

If I email the parking process manager I can probably get this killed off at the same time as making representations in the name of the registered keeper, no-one else can do them.

My email is mrmustard@zoho.com
I am currently too busy working to take on any except the most unreasonable PCNs.

I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.
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Yes, silly PCN as the only purpose of the no entries are as a proxy for the width restriction.

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I am interested as another client came to me with such a PCN from 14 December 2025.

It has now been cancelled but confirmation letters are taking a month to be issued by Barnet.

I have driven that way and veered to the middle of the road about 50 times now. PCNs received? None!

If I email the parking process manager I can probably get this killed off at the same time as making representations in the name of the registered keeper, no-one else can do them.

My email is mrmustard@zoho.com

That would be really helpful thanks - I'll drop you an email.

I'm wondering if there may be a slight added complication in this because the registered keeper has dementia - which is why he's in a care home now - and doesn't recognise his wife anymore, so I'm not sure how he is going to be able to give his permission for someone else to make representations on his behalf. Assuming his wife can't do it as she isn't the registered keeper...

I know this road well - I frequently play cricket off Chandos Avenue round the corner.

The video shows no contravention at all and seems to have been generated in error by the computer. Someone is meant to review the clips shortlisted for PCN by the computer but clearly hasn't in this case, or else was asleep while doing so.

@mrmustard may be interested as this is a Barnet case.

In terms of procedure, there won't be anywhere to confirm who was driving as the owner of the vehicle is responsible and the driver is not relevant.  But she can authorise another person to submit representations on her behalf (if she provides this authorisation in writing to the council).

This ought to be cancelled at the representations stage (and if it isn't Mr Mustard may have the ears of someone in Barnet council to see sense).

Thanks for your response and view. Funnily enough - or rather more sadly in this case - they were travelling back from Chandos Avenue visiting the registered keeper in the care home.

Does someone have power of attorney.


Quote
I'm wondering if there may be a slight added complication in this because the registered keeper has dementia - which is why he's in a care home now - and doesn't recognise his wife anymore, so I'm not sure how he is going to be able to give his permission for someone else to make representations on his behalf. Assuming his wife can't do it as she isn't the registered keeper...

I am not sure how it may apply to this situation, but is there any sort of power of attorney in place?

Quote
I'm wondering if there may be a slight added complication in this because the registered keeper has dementia - which is why he's in a care home now - and doesn't recognise his wife anymore, so I'm not sure how he is going to be able to give his permission for someone else to make representations on his behalf. Assuming his wife can't do it as she isn't the registered keeper...

I am not sure how it may apply to this situation, but is there any sort of power of attorney in place?

No idea - they're neighbours of my relative and English isn't their first language.
If there is a PoA, I would bet it isn't registered with the DVLA.

DVLA isn't an issue - only that someone has legal responsibility.

They should put the car in another keeper's name in any case.

DVLA isn't an issue - only that someone has legal responsibility.

They should put the car in another keeper's name in any case.

Ah ok - I just did a cursory online search and Google AI suggested from a Dementia Forum that you had to send a copy of the LPA with covering letter to the DVLA. If that's not the case that removes one hoop to jump through.

Still no idea if a PoA is in place though. I have a feeling this may not be a straightforward as we were hoping...
« Last Edit: Yesterday at 04:06:51 pm by MachineGunJoe »

I have an idea to make it simple.
I am currently too busy working to take on any except the most unreasonable PCNs.

I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.
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Mr M will sort it I'm sure.

I doubt Barnet will be bothered about the legalities of signing the reps if the situation is explained. They won't be interested in pursuing a PCN against someone who lacks capacity.

When they see there was no contravention they will most likely cancel in any case.

It would help if a transfer to a new keeper is done now.
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I have challenged on the grounds there is no contravention.

I have complained to the parking process manager who has replied same day and informed the apcoa cctv supervisors.

I don't think this pcn will be around for long and some arses will be kicked.
I am currently too busy working to take on any except the most unreasonable PCNs.

I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.
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