Author Topic: 53J - Croydon council - PCN for entering pedestrian zone, unclear signage?  (Read 2167 times)

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Well there's a reason why we tell people to put a draft representation on here before submitting to the council.

At this point all I can suggest is that you show us a copy of what you've already sent and we'll have to see if there is an arguable failure to consider.
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

Well there's a reason why we tell people to put a draft representation on here before submitting to the council.

At this point all I can suggest is that you show us a copy of what you've already sent and we'll have to see if there is an arguable failure to consider.

Unfortunately I was pressed for time and wanted to get my representation in within the 14 days. Part of the issue is having moved houses, the notices are still going to previous address where I was living with parents. So even with the first notice being received later than all the subsequent contraventions, actual receipt of the notices was even later. The following is what I submitted for the 4 other PCNs individually. I was not aware that the option to appeal them jointly existed.

Dear Sir/Madam.

With reference to the subject PCN for contravention 53J, I would like to file an appeal against the PCN for the following two reasons:

1. Representation made against first PCN no. CR20178336 (date of notice 15/05/2024) for unclear signage.

2. Excessive penalty on the basis that I had not yet received the first PCN in this regard (PCN no. CR20178336 issued on 15/05/2024 and received by post on 17/05/2024).


I have made representations against PCN no. CR20178336 (contravention took place on 09/05/2024) on the basis of unclear signage on approach to this roundabout on Lodge Road.

Additionally, the first PCN was received by post on 17th May 2024, however in the meantime I was issued PCN no. CR20214247 for contravention taking place on 13/05/2024 (received 22/05/2024).

Had I received the first PCN immediately, I would have been forewarned of the inaccuracy of this sat nav route as well as the location of restriction signs on this route. Unfortunately this PCN was received too late for me by the 17th May 2024 to correct my taken route and subsequent contravention on 13/05/2024.

Since the receipt of the first PCN, I have stopped taking this route and no other contravention has taken place. The issuance of multiple PCNs for the same contravention is a significant financial burden for me. I therefore request the authority to cancel this follow on PCN.

Regards,


Note: I have not yet received any notices of rejection as of today except for the first PCN. All the representations were filed on the same day.

Note: I have not yet received any notices of rejection as of today except for the first PCN. All the representations were filed on the same day.
Well all the PCNs have been reset so we know all the NoRs have been sent, whether the Royal Mail will reliably deliver them is somewhat academic at this point.

The key question now is whether you want to carry on or not. You can try and argument that the overall amount is excessive, but the only favourable cases I am aware of are quite old:

Mahabub Sumon v London Borough of Waltham Forest (2140263304, 7 July 2014)
James Harris v London Borough of Haringey (2160273606, 26 July 2016)
Atilla Apaydin v London Borough of Hounslow (2190063191, 18 March 2019)

Mr Styles might well not decide the same issue in the same way if the same matter came up today (especially given the Halton decision), and the other two adjudicators only sit once in a blue moon.

You might get lucky (the council might not contest the appeal, or it might mess up the evidence pack), but there is a large element of ris in carrying on. Therefore whether you wish to pursue this depends largely on your attitude to risk.
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: 53J - Croydon council - PCN for entering pedestrian zone, unclear signage?
« Reply #19 on: »
Hi, everyone. :)

First post here, but I used to be on the previous page a long, loooong time ago; then, I suffered a near fatal medical catastrophic event, and it's only now I am picking up the pieces of my old threads, albeit with reduced energy capacity. :-\

Anyway. Enough about that for now.  :)

The reason I  am posting on this oldish thread is I wondered whether OP had ever posted back to say what he had done in the end?

I am kind of assuming that he just paid up rather than taking a chance with adjudication, but it would have been nice to know one way or another! ;)

I'll start my own thread on the topic in a minute, anyone can guess why!  ;) :D :)

Re: 53J - Croydon council - PCN for entering pedestrian zone, unclear signage?
« Reply #20 on: »
If there's nothing after cp8759's post, then no, the OP never got back to us. This happens frequently.

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Re: 53J - Croydon council - PCN for entering pedestrian zone, unclear signage?
« Reply #21 on: »
Yeah, I know. It's really annoying. But that's life.  :( Thanks for responding anyway. 

Re: 53J - Croydon council - PCN for entering pedestrian zone, unclear signage?
« Reply #22 on: »
I just received a notification for this so thought I would clarify. I did unfortunately end up paying them all. Between work and personal life I simply did not have the time and energy to fight these, even though I still believe these are predatory and the placement and height of the warning boards is 100% not fit for purpose, or rather fit for the purpose of Croydon council budgeting approximately £10 million a year in revenue from fines.

53J - Croydon council - PCN for entering pedestrian zone, unclear signage?
« Reply #23 on: »
Good afternoon all,

It appears I have suffered the same fate as and been hit with a PCN for driving in an area I did not know and is restricted.  Are there any pre-prepared documents available I can use to have my PSN rescinded?  Appreciate it is a big ask but viewing the video on the council website, the warning signage is ridiculously unfit for purpose.

Any help is appreciated, thank you.

PCN: CR22030471
Plate: AY74 KNL





Good afternoon all,

It appears I have suffered the same fate as and been hit with a PCN for driving in an area I did not know and is restricted.  Are there any pre-prepared documents available I can use to have my PSN rescinded?  Appreciate it is a big ask but viewing the video on the council website, the warning signage is ridiculously unfit for purpose.

Any help is appreciated, thank you.

PCN: CR22030471

Plate: AY74 KNL





 For meaningful advice please to have a read of
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/

Then start your own thread with a brief account of the circumstances
and post up there

all sides of the PCN (only redact yr name & address),
any Council photos/ video,
and
a GSV link to the location.,