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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

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,

I knew they were going to reject my appeal. What would be the next step?

Is there a chance of winning at tribunal?

Is there any arguments i can use to win?

Any updates please

Adjudicators can only decide on matters of law, not mitigation. At the moment, I see only mitigation.

Can you explain further please

This is an argument based on mitigation: -

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.

So you admit missing the sign. Better to say that the signage is inadequate to advise of the restriction because at busy junctions drivers must pay attention to hazards and conflicting traffic meaning that only a single sign is inadequate to advise of the restriction.

You admit being only 5 minutes into the restriction and ask that this be forgiven on the basis of minor timing error and first time mistake. Best not to even mention this.