3. Contravention code 52M
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Contravention code 52M
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Hello.
I received two PCNs traveling in the same street late at night at different times, 4hrs 11mins apart from each other.

I went back to the location yesterday evening at the same time to have a closer inspection of the street's layout. The street lighting on Station Parade was switched off this was the same on the evening I got recorded by the camera. As you can see in the attachments the lighting of the still images is very poor and the signs are unlit so I wouldn't have seen the signs displaying any traffic order or prohibition.

As it was late at night after normal business trading hours and with fewer pedestrians around, vehicles should be permitted to use this street after a certain time i.e after 7-8pm.

Any help in how to challenge these PCNs would be much appreciated.

The link for each PCN is below:

https://drive.google.com/file/d/15LqDf7Wd1X1fND3bC3lj1PiPxNVPwltT/view?usp=drivesdk

https://drive.google.com/file/d/15U7aakqXo4pZmqatq-vyAAyjIclvyhw7/view?usp=drivesdk

https://maps.app.goo.gl/UqJiYPPuiVZNJ9Mg8

Thanks. x
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Re: Contravention code 52M
« Reply #1 on: »
Draft representation:

Dear London Borough of Barking and Dagenham,

I challenge liability on the basis of inadequate signage. As the video footage shows, the street lights in the area were not working and the signs had no illumination. Having revisited the area, I note it's a very wide road and the signs would not have been in my direct line of sight.

Furthermore, the Traffic Signs Regulations 2016 require signs of this type to be illuminated.

On the whole the signage is not adequate within the meaning of regulation 18 of the The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996.

It follows that the contravention did not occur, and the PCN must be cancelled.

Yours faithfully,

Make the representation online, you'll have to do it twice (once for each PCN). Keep a times / dated screenshot of the confirmation page.
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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: Contravention code 52M
« Reply #2 on: »
Hi.
I've received a response from Barking and Dagenham council for the two PCNs. They have cancelled one and rejected the other.
Seems quite odd that they would do this as both contraventions occured in the same street just a few hours apart.
Can I still challenge the rejected appeal for one of the PCNs?

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Re: Contravention code 52M
« Reply #3 on: »
Yes you can, but first please post all the pages of the Notice of Rejection. You won't have enough upload space, so please see the guide here on how to upload more images: 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/
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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: Contravention code 52M
« Reply #4 on: »
Hello.

All pages of Notice of Rejection and Notice of Appeal have been uploaded.

There's a link below too for all the pages.

https://imgur.com/a/XyceY4d

https://goo.gl/maps/yWDX1t7GF22G6uq66

Regards
Antman40

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« Last Edit: July 30, 2023, 02:07:30 pm by antman40 »
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Re: Contravention code 52M
« Reply #5 on: »
You certainly have arguable grounds to carry on, and it's more likely than not that I could win this appeal, but obviously we cannot guarantee the outcome. With that in mind, would you like me to represent you at the tribunal?
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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: Contravention code 52M
« Reply #6 on: »
Yes. It's unfair that the council can do this and I think I should pay for one and not the other when it's the same contravention.
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Re: Contravention code 52M
« Reply #7 on: »
I have sent you a PM.
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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: Contravention code 52M
« Reply #8 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: Contravention code 52M
« Reply #9 on: »
Thank so so much for this.  :)
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  3. Contravention code 52M