Author Topic: 53J - Croydon council - PCN for entering pedestrian zone, unclear signage?  (Read 2177 times)

0 Members and 67 Guests are viewing this topic.

So I have recently moved to a new house which has meant that my daily school runs to pick my son up have changed, and I have been following Google maps. I was well aware of pedestrianised zones in my old neighbourhood (which also had very clear signage) but following Google maps in an unfamiliar area has landed me a PCN for 'failing to comply with a restriction on vehicles entering a pedestrian zone' which is enforced during school hours between 2-4pm.


Now I have no issue with owning up and paying this ticket, the only trouble is I have taken this route around 7-8 times over the last two weeks. Now I fear the worst i.e. 8 tickets x £65 headed my way so I have to contest. My primary issue is that the sign is located right while exiting a roundabout. Should restrictions on exits not be indicated before entering a roundabout, because my focus while entering a roundabout is on traffic from the right rather than reading time restrictions. By the time you exit this roundabout you are literally under the sign with no overhead visibility and it is too late at that point already even if you turn around. You can see from the picture another car having spotted the sign late and making a dangerous turn in the road. Can this be a valid defence? Photo here:


https://imgur.com/gallery/1QJz5Wg


I am also very annoyed at the fact that Google maps can't display basic stuff such as this, this restriction came into force a year ago and the signs are still not visible on street view. Attaching a layout of signage in the area along with the direction of my approach.

Location of approach: https://maps.app.goo.gl/e8rFVgmnVUKzSJMz5

[ Guests cannot view attachments ]
« Last Edit: May 22, 2024, 03:30:17 pm by rizlagunner »

Share on Bluesky Share on Facebook


I've said it many times on here, that reliance on satnavs in big cities is asking for trouble because they are never up-to-date.

Anyway, please read this: -
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/
and update your post accordingly.

Please tell us your approach to the mini-roundabout, (street, direction etc).

GSV is not sufficiently up-to-date, so if you decide to take the matter further, we'll need photos of the approach and the signs.

Hi, thanks for the reply and apologies for missing the guidelines. Have updated the title of my post and also attaching my approach, there are no warning signs on approach to roundabout. Copy of PCN attached too. There are signs when coming from the left or right to this street but none from my approach.



[ Guests cannot view attachments ]

Update, I have today received two further PCNs as expected. Same route and approach. The fact that I missed the sign every time is a clear indication of unclear signage, you simply can't see signs on exits before entering a roundabout and when you exit the sign is above you. Traffic from other approaches to roundabout have clear forewarning as indicated in third attachment showing the signs in the area.

2, the first PCN was received on 17 May for a contravention on 9 May (even though notice date is 15 May). The second two offences are 13 May and 14 May, and just about within 24 hours of each other, received today (22 May). I have not gone on this route since the first PCN received, and wouldn't have done so if signage was clear and I had had first PCN in time. I am certainly going to appeal this and hope someone can help out with template and whether my reasoning makes sense. I will be going to the area later to photograph the actual approach as well.

For ease of access, everything is placed within this folder: https://bit.ly/3WRhUJd

[ Guests cannot view attachments ]
« Last Edit: May 22, 2024, 05:43:01 pm by rizlagunner »

For PCNs dated after PCN 1, but before the date you received PCN 1,  can be appealed on no knowledge of the contravention until the first PCN arrived. All PCNs can be appealed on inadequate signage.  The council acknowledge that the restriction signs cannot be seen for turns off Elmwood Road, but an approach on Lodge Road going north is also a turn, and there have to be doubts as to the signs visibility before it is too late.

So you have two arguments to submit on your reps to the council as above.  Don't expect them to roll-over and cancel, but do post their response here when you get it.
Like Like x 1 View List

Brilliant, thanks. I will get drafting. Can I ask where exactly did the council acknowledge visibility issues with restriction signs off Elmwood Road?

Video for CR20178336:



Video for CR20214247:



Video for CR20228092:



I'm not sure what arguments can be made about the visibility of the signage, it seems you approached them head-on and must have just failed to notice them.

I would suggest sending a single representation via email to pcn@croydon.gov.uk listing all right PCNs, this way for any that they miss when issuing the rejections you have an open-and-shut case of failure to consider, but don't miss the 28 day deadline to make representations.

It's advisable to post a draft on here first.
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

Hi,

I have a fine for exactly the same route and flashed at the same spot.
I wonder how did the OPs appeal go?
Will be nice to hear from you.

Thanks

@rizlagunner well I can see the PCNs are back at £65, which indicates that a notice of rejection must have been issued with an extended offer of the discount.

Please show us the notices of rejection, you never know they might have messed up the paperwork.
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

Hi, yes I have received the first notice of rejection but not the rest. In my representations for the other PCNs, I requested the council to refer to representation made in the first case for unclear signage as well as the fact that I did not receive the first PCN in time to rectify my actions. This led to a total of 5 PCNs which is quite frankly ridiculous. I might as well call them up to put me on a debt management plan because I simply can't afford it. I would like to take this to adjudication because I do believe the sign should precede the roundabout (as it does on the other turns), but I am also afraid of losing the 14 day discount which will make it a £130 x 5 = £650 penalty. All for trying to pick my own son from school. I hope others can take a look at this letter and see if there's anything to pick apart.

Edit: attachments not working so copy of letter as t this link: https://imgur.com/gallery/5o5hHGs

@cp8759 It appears to be head on approach but it isn't actually, if you look at the map of the intersection you can see that it is actually a turn into the road, and typically on a roundabout attention is not up ahead towards the exit but towards the right before entering.

This enforcement is rather disproportionate. NOR has one issue re not mentioning power of adjudicator to extend time.

https://bit.ly/2ALghSS

adjudications/key cases: 332 ff.
« Last Edit: June 15, 2024, 01:12:41 pm by Hippocrates »
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
Like Like x 1 View List

@rizlagunner either you pay the discounted penalty of £65, or you appeal to the tribunal against the full amount. There is no option to appeal to the tribunal at the £65 rate, the council offers the 50% discount as an incentive because that saves them the hassle of having to fight a tribunal appeal.

So it's not as if you can appeal within 14 days and still pay £65 if you lose.

I don't think an argument against the adequacy of the signage will succeed in this instance and I wouldn't want you to throw good money after bad, but if you want to appeal regardless of the risks we will do our best to help you anyway. Please let us know how you'd like to proceed.
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

Thanks for the advice and I do think that they will not accept my argument, even though I have checked posts on Nextdoor that show there are other people fined at this spot who also feel the sign is in the wrong place. Honestly I am happy to pay the £65, my problem is the 4 additional tickets I received before receiving the first notice. Out of these one of the times was my spouse. So neither of us spotted this apparently clear signage and were also unfortunately distracted by Google maps owing to our new route and unfamiliarity with the area. I want the council to cancel the subsequent PCNs but I'm not sure how to go about doing this if they have rejected the representations. It is honestly way too much and puts a squeeze on our monthly finances.

In a case where PCNs dated after the first one, and dated before the date of receipt of the first PCN, but only received after receipt of the first PCN, these can be argued on the basis of not knowing an offence had been committed until the first PCN arrive in the post.

One would normally submit a single representation with a list of the PCNs, and a request to cancel, pointing out the first PCN (give number) has been paid.
Of course the council may not give way, but it is well worth trying. Many councils do give way, so don't be put off.  Would this argument win at adjudication ? It might and has done in the past, but its not a slam-dunk argument, I'm afraid.