Free Traffic Legal Advice

Received the PCN yesterday. First time in this part of Camden. As can be seen on the x8 second video clip, once I realise my error, I have begun to reverse out of the designated area. I have asked the council to provide me with a longer duration video, which would clearly show me reversing out.

Am I reliant on the council classing this as a genuine mistake on my behalf and my first time appealing this type of contravention?

Are there any grounds of defence due to the amount of time that has elapsed between the date of contravention and the date/arrival of the notice?


It also states on their website; The map displayed is an approximate location and for reference purposes only. It is not 100% accurate. For an accurate location refer to the street and restricted area recorded on your PCN.

No mapping data available.

Copy of PCN:
https://imageshack.com/i/pogcBZJjj

Video footage: https://drive.google.com/file/d/1ejBTcZUxv7pIs6FCOTis7OxfnpUeqKNt/view?usp=drivesdk

Google Street view
https://maps.app.goo.gl/7t1XQLz9x6djfTxF8

Hope that is everything! All help much appreciated.

Am I reliant on the council classing this as a genuine mistake on my behalf and my first time appealing this type of contravention?

Not totally.  You recognised your error, and reversed out. Yes, you passed the sign, but if I were an adjudicator, I'd put this down as de minimis. Trouble is you'll have to risk the full PCN to get an unbiased opinion. All the council are interested in is your mone

Are there any grounds of defence due to the amount of time that has elapsed between the date of contravention and the date/arrival of the notice?

Nope. They have 28 days from contravention date to serve a PCN.

In the absence of PCN errors and errors in the traffic order establishing the restriction, all you've got is de minimis unless the others can come up with something.

As you have to submit reps and get a refusal so you can go to London Tribunals, why not submit reps on the basis that as you passed the sign you realised you had made an error, so immediately backed-out. Post up their inevitable rejection when you get it. It's this or cough-up.

Good evening

I've just clicked on the image shack link and it opened. Are you able to view the PCN?

Thanks for your time.

Here is The Camden (Camden Square Area) Traffic Order 2023, which appears to have the same drafting issue as the previous version.

A basic representation that the alleged contravention did not occur would suffice, but I would add something about you realising your mistake and reversing out.

Post a draft on here first.

"A basic representation that the alleged contravention did not occur would suffice, but I would add something about you realising your mistake and reversing out.

Post a draft on here first."

Should I wait for the council to send me the extended video footage, which should show me reversing out of the zone,before I submit a letter of appeal?

Cheers

Vehicle Registration No. YK65XUD
PCN: CU65142057

Date of this notice: 25/10/2023

Date of contravention: 11/10/2023


Dear Sir/Madam

I have received the above PCN and wish to appeal. This is the first time I have been in this area of Camden and would not be familiar with the local geography.


I would put forward the argument that the alleged contravention did not occur and upon realising my error, I have taken immediate action to rectify and reversed out of the road in question, which is shown in the video you provided. De minimis would be a suitable description.


I have also researched online and found similar cases to mine involving this exact location, that have been successfully dismissed by the appeals adjudicator.

I kindly request that this PCN is cancelled.

Yours sincerely
Mr #####


Should I include the text in red at this stage?


Many thanks in advance.

Much appreciated. Will submit tomorrow and report back the outcome.

Evening

As predicted,Camden have turned down my appeal and given me the option of paying the £65 or challenging the decision via the Environment & Traffic Adjudicators.

I wish to lodge an appeal.

All advice gratefully received.

Thanks.