Author Topic: City of London, Code 53 - Restriction on vehicles entering a pedestrian zone, Old Broad Street x2  (Read 9068 times)

0 Members and 12 Guests are viewing this topic.

I took a left from London Wall on to Old Broad St, straight past the sign then right onto Liverpool St.
So you would have passed this advance sign: -
https://maps.app.goo.gl/y7EshUEfjhcRCUS28
which has been there since 2018 according to GSV.

I'm afraid it doesn't look good for an appeal based on inadequate signage, except that high-sided vehicles can totally obscure the advance sign as per here: -
https://maps.app.goo.gl/dvRggXZMnoRt3ugq8


Does that advance sign apply to both signs on Old broad street which is different? Unless I am mistaken this advanced sign only applies to the sign which is at the entrance of Old broad street.

The entrance sign is for “Access only” and the contravention sign is for “7am - 7pm”

There are no advanced signs for the one past Broad Street Avenue.

Does that advance sign apply to both signs on Old broad street which is different? Unless I am mistaken this advanced sign only applies to the sign which is at the entrance of Old broad street.

The entrance sign is for “Access only” and the contravention sign is for “7am - 7pm”

There are no advanced signs for the one past Broad Street Avenue.
Well, only you can tell us, because we have to work with GSV unless you (the OP) provide clear photos of the approach and to the sign that was passed. Is the sign as you turn into Broad Street still there ? Sorry but it is quite difficult to give definitive advice if the signs have all been changed since the latest GSV view.

Here’s a visualisation:


————————————————————

Advance Sign 1:


————————————————————

Advance Sign 2:


————————————————————

Sign 1:


————————————————————


Sign 2*:


*Contravention Sign
« Last Edit: August 11, 2025, 12:43:49 am by hirerspcn »

So the signs are correct, it would seem.

Approach signs in either direction on London Wall advise of a restriction. On turning in the sign has an exception for access, which I suspect they don't enforce, as there must be vehicles coming and going all the time for tbe businesses along there like delivery companies etc, so it's a PITA for them dealing with reps from people accessing properties.   This figures, because you got a PCN for the next sign which bars all traffic except buses. I think the sign when you turn has been there much longer than the second sign, and they should have removed the first sign, but this is dozy City of London.

However, your problem is that you seem to have missed all the signs ! I'm afraid to say, I see no credible appeal based on the signs in place. There may be a technical appeal based on CoL mismanagement of the enforcement process, but I'll leave that for Hippocrates or others to suggest, as they are much more up-to-speed on this aspect. Such appeals have nothing to do with the contravention at all.

Sorry not to have been of more help.

The deemed date of service of the PCN is 28th July. It is not necessarily the same date as received. This is important when you work out the 28 days in which to make representations.

The other point is that Schedule I para. 5 (2) (a) states they cannot serve a charge certificate until 28 days from the date of service of the PCN:

https://www.legislation.gov.uk/ukla/2003/3/schedule/1/enacted


(a)where no representations are made under paragraph 1 above, with the date on which the penalty charge notice is served;

This is an infamous paradox.
I REGRET THAT, FOR THE PRESENT, I AM UNABLE TO TAKE ON ANY MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. THIS IS FOR BOTH PERSONAL AND LEGAL REASONS. PLEASE DO NOT PM ME UNLESS YOU HAVE POSTED YOUR THREAD ON THE FORUM AND I WILL ATTEMPT TO GIVE ADVICE.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"

So the signs are correct, it would seem.

Approach signs in either direction on London Wall advise of a restriction. On turning in the sign has an exception for access, which I suspect they don't enforce, as there must be vehicles coming and going all the time for tbe businesses along there like delivery companies etc, so it's a PITA for them dealing with reps from people accessing properties.  This figures, because you got a PCN for the next sign which bars all traffic except buses. I think the sign when you turn has been there much longer than the second sign, and they should have removed the first sign, but this is dozy City of London.

However, your problem is that you seem to have missed all the signs ! I'm afraid to say, I see no credible appeal based on the signs in place. There may be a technical appeal based on CoL mismanagement of the enforcement process, but I'll leave that for Hippocrates or others to suggest, as they are much more up-to-speed on this aspect. Such appeals have nothing to do with the contravention at all.

Sorry not to have been of more help.

It’s ok, thanks for all the advice.

I have a question though, should there be signs on both sides of the road for a contravention to be valid? In this instance there was only 1 sign on the left hand side, and there were no advance warning for this particular sign.

While i do not remember if there were any vehicles parked on the left hand side, which could have been obstructing my view of the sign, will this help as argument if i wrote it in an appeal?

The deemed date of service of the PCN is 28th July. It is not necessarily the same date as received. This is important when you work out the 28 days in which to make representations.

The other point is that Schedule I para. 5 (2) (a) states they cannot serve a charge certificate until 28 days from the date of service of the PCN:

https://www.legislation.gov.uk/ukla/2003/3/schedule/1/enacted


(a)where no representations are made under paragraph 1 above, with the date on which the penalty charge notice is served;

This is an infamous paradox.


Is this comment a mistake? Intended for another post?

OP, can I go back to the start please.

(7)This section applies to a hiring agreement under the terms of which the vehicle concerned is let to the hirer for a fixed period of less than six months (whether or not that period is capable of extension by agreement between the parties or otherwise);


Is this your hire?

If not, then who may be considered to be the owner as far as this legislation is concerned has yet to be determined.

The deemed date of service of the PCN is 28th July. It is not necessarily the same date as received. This is important when you work out the 28 days in which to make representations.

The other point is that Schedule I para. 5 (2) (a) states they cannot serve a charge certificate until 28 days from the date of service of the PCN:

https://www.legislation.gov.uk/ukla/2003/3/schedule/1/enacted


(a)where no representations are made under paragraph 1 above, with the date on which the penalty charge notice is served;

This is an infamous paradox.


Is this comment a mistake? Intended for another post?

Er..NO!
I REGRET THAT, FOR THE PRESENT, I AM UNABLE TO TAKE ON ANY MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. THIS IS FOR BOTH PERSONAL AND LEGAL REASONS. PLEASE DO NOT PM ME UNLESS YOU HAVE POSTED YOUR THREAD ON THE FORUM AND I WILL ATTEMPT TO GIVE ADVICE.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"

OP, can I go back to the start please.

(7)This section applies to a hiring agreement under the terms of which the vehicle concerned is let to the hirer for a fixed period of less than six months (whether or not that period is capable of extension by agreement between the parties or otherwise);


Is this your hire?

If not, then who may be considered to be the owner as far as this legislation is concerned has yet to be determined.

Sorry I don’t understand this point, please can you elaborate. Thanks

Er..NO!

Well the dates are as follows:

Contravention 1: 12/06/2025
Contravention 2: 10/07/2025

Date of Notice for 1&2: 24/07/2025
Date Received: 25/07/2025


Thanks

HCA wants to see the hire agreement I think.
I REGRET THAT, FOR THE PRESENT, I AM UNABLE TO TAKE ON ANY MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. THIS IS FOR BOTH PERSONAL AND LEGAL REASONS. PLEASE DO NOT PM ME UNLESS YOU HAVE POSTED YOUR THREAD ON THE FORUM AND I WILL ATTEMPT TO GIVE ADVICE.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"

OP, can I go back to the start please.

(7)This section applies to a hiring agreement under the terms of which the vehicle concerned is let to the hirer for a fixed period of less than six months (whether or not that period is capable of extension by agreement between the parties or otherwise);


Is this your hire?

If not, then who may be considered to be the owner as far as this legislation is concerned has yet to be determined.

Can i Message you with my hire agreement?
@H C Andersen

If not, I'll paste some snippets from the agreement for PCNs etc:

Commencement Date
08/04/2025 03:05 PM
End Date
30/09/2025 11:59 PM - Less then 6 months

10. RESPONSIBILITY FOR FINES, PENALTIES, AND PCNS
10.1 Hirer's Responsibility: The Hirer agrees to be fully responsible for any and all fines,
penalties, charges, or notices incurred during the rental period. This includes, but is not
limited to, parking tickets, traffic violations, congestion charges, toll charges, and any
other Penalty Charge Notices (PCNs) issued by any authority. This clause is in
accordance with the Road Traffic Act 1988 and any applicable regulations.
a. Any of the following offenses which may be committed in relation to that Vehicle
when it is Stationary and when a fixed penalty notice is issued; being on a road
during the hours of darkness Without the lights or reflectors required by law; or
left or being parked, or being loaded or unloaded And the non-payment of charge
made at a street parking place and/or Pay & Display
b. Any fixed penalty offense committed in respect of that vehicle under part iii of
Road Traffic Offenders Act 1988 as amended, replaced, or extended by any
subsequent legislation applicable to Scotland, Northern Ireland, or other parts of
the British Isles upon which the vehicle is being used.
c. Any excess charge which may be incurred in respect of that vehicle in pursuance
an Order under Section 45 and 46 of the Road Traffic Act 1984, as amended,
replaced or extended by and subsequent Or orders and under the equivalent
legislation applicable to Scotland, Northern Ireland
d. Any financial penalty or charge which may be demanded by a third party as a
result of the vehicle having been parked or left upon land which is not a public
road.
e. I acknowledge that if I receive a bus lane ticket, G&M Direct Hire will pay the fine
on my behalf. The corresponding amount will then be automatically added to my
next Direct Debit. If the vehicle has already been returned, the amount will instead
be deducted from my deposit.
10.2 Notification and Payment: The Hirer agrees to promptly pay any such fines, penalties,
charges, or notices. In the event that any such fines or penalties are sent directly to the
Owner, the Hirer authorizes the Owner to charge the rente's account or credit card for
the full amount of the fines or penalties plus an administrative fee of £10 for handling
the processing of these fines or penalties. The same charge will apply should the Hirer wish to challenge the representation and requests the Owner to transfer the liability to
them by making representation to the local authority who issued the penalty. This is in
line with the provisions set forth under the Road Traffic (Owner Liability) Regulations
2000.
10.3
Disputes: If the Hirer wishes to dispute any fines, penalties, or PCNs, the Hirer must do
so at their own expense and liability, following the procedures outlined in the Road
Traffic Act 1991. The Owner will provide necessary documentation to assist in the
dispute process if applicable. The Hirer acknowledges their obligation to adhere to the
legal process for disputing fines as prescribed by the Road Traffic Act and any relevant
local authority regulations.
10.4 Indemnification: The Hirer agrees to indemnify and hold harmless the Owner from and
against any and all claims, demands, actions, liabilities, losses, or expenses (including
legal fees and costs) arising out of or related to any fines, penalties, or PCNs incurred
during the rental period. This indemnification aligns with the liability provisions under
the Road Traffic Act 1988.
10.5
Reporting: The Hirer must report any fines, penalties, or PCNs received during the
rental period to the Owner immediately upon return of the car. This requirement
ensures compliance with Section 172 of the Road Traffic Act 1988 regarding the duty to
provide information as to the identity of the driver.
10.6
Legal Compliance: The Hirer agrees to comply with all relevant road traffic laws and
regulations during the rental period, including but not limited to the Road Traffic Act
1988, the Road Traffic Offenders Act 1988, and any other applicable legislation. The
renter acknowledges that failure to comply with these laws may result in additional
penalties and charges.