Author Topic: City of Westminster - 53c Failing to comply with a restriction, Lower Belgrave Street  (Read 55 times)

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I don't remember what actually happened here, or how I got into this position. I have checked my trip history, and it shows that I was on the way to pick up a passenger (I am private hire driver).

Furthermore, I always use navigation to get around and may have missed this sign. Usually, even when I do follow navigation and see the flying motorbike, I stop and check the sign just to make sure I don't drive within the prohibited times. I was 5 minutes off in this instance.

There is a similar case to mine, link: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/westminster-53c-lower-belgrave-street-multiple-pcns-(5)/

But it seems the user has made their reps private on Google Drive.


PCN Image Pg1 - https://imgpile.com/p/fN11uIx
PCN Image Pg2 - https://imgpile.com/p/26YDekJ

Video:


Location: https://maps.app.goo.gl/1uySj5pUahSaBNkp9
Street View: https://maps.app.goo.gl/TwjSmBMhqtrKSAoP6

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Difficult one, this. You drove over the junction head-on to the sign, although it has to be said two signs really should be present, but I think an adjudicator would conclude the sign is clear enough. Against this, is the fact that a driver's attention has to be elsewhere when making a move across a junction, so would be looking out for approaching traffic from right or left.

So it's probably best to submit a non-confrontational representation stating you are a private hire driver on the way to pick up a passenger. Explain that you are very careful to look out for signs such as the one you passed, but taking care at the junction to ensure it was safe to drive across, you seem to have missed the sign, of which there is only one. State also that you realise from the PCN that you were only 5 minutes inside the restricted period and ask that they cancel the PCN on a goodwill basis, due to the minor nature of the offence.

I wanted to go there today to see if I made a genuine error or my view was obstructed. In this instance should there always be 2 signs? Left and right side of the road?

I can double-check and go there sometime this week but if my view was obstructed, would I have any grounds based on this?

I have prepared a draft below for now.

___________________________________________



Draft 1:


I am writing to formally challenge this PCN and would like to ask for your consideration based on the following circumstances.

I work as a private hire driver, at the time of the alleged contravention, I was en route to collect a passenger. As a professional driver, I am very observant and careful to follow all road signage. However, at this junction, I was focused on navigating safely and checking for oncoming traffic.

Unfortunately, I missed the restricted access sign. Looking back at the location, I note that there is only one sign visible at the junction.

I also note from the PCN that I entered the zone only five minutes after the restricted period began. Given that this was a minor error of timing and a first-time mistake, I would be very grateful if you could cancel the PCN on a goodwill basis.


Kind regards,

Looks OK to me.