3. Ealing council PCN 53J Acton Lane
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Nina123

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Ealing council PCN 53J Acton Lane
« on: April 09, 2024, 12:38:44 am »
Hey everyone, so I received my first PCN and I need a little assistance on how to appeal.

So this PCN for the alleged traffic contravention is from Ealing council I received on 5th April for driving in a pedestrian zone which are restricted in the morning and afternoon during school hours.

PCN number: AO01009504
Registration: GF55KEU

Date of offence 27/3/24. Date of notice 5/4/24.

Currently there is a footage and pictures which I've had a look at. I've driven on this road many times before so it must be new signage that I clearly did not see or it wasn't clear enough. There is also no advance warning signs at all, I'm alleged to have driven there at 15:49 and I've attached the documents below.

https://maps.app.goo.gl/vfw2h2JVzZ1GVa5LA

My question is how can I challenge this penalty what can I write, I want to see if it's worth a try to appeal. So if anyone can advise would be greatly appreciated [ Guests cannot view attachments ]
« Last Edit: April 16, 2024, 09:21:11 am by cp8759 »
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Incandescent

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Re: Ealing council PCN 53J Acton Lane
« Reply #1 on: April 09, 2024, 10:07:27 am »
Unfortunately, Google Street View latest is 2022 so doesn't show this new restriction.

The council are under a duty to put up signs that adequately convey the restriction to motorists. This should include installation of advance signs on the approaches where a turn is needed to enter the street.  If the signs were facing you on your route, and you didn't have to turn in, you'll struggle.
So please let us know your route.  Appeals at London Tribunals have succeeded on this advance sign aspect.  Of course, councils don't want to spend the money so try to get away with the minimum signage possible.
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Nina123

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Re: Ealing council PCN 53J Acton Lane
« Reply #2 on: April 10, 2024, 11:56:46 pm »
Quote from: Incandescent on April 09, 2024, 10:07:27 am
Unfortunately, Google Street View latest is 2022 so doesn't show this new restriction.

The council are under a duty to put up signs that adequately convey the restriction to motorists. This should include installation of advance signs on the approaches where a turn is needed to enter the street.  If the signs were facing you on your route, and you didn't have to turn in, you'll struggle.
So please let us know your route.  Appeals at London Tribunals have succeeded on this advance sign aspect.  Of course, councils don't want to spend the money so try to get away with the minimum signage possible.

I didn't have to turn in, so I guess my case won't stand a chance. From Avenue road I went straight ahead into Acton lane.

Here is a video that was posted https://viewmypcn.co.uk/view.aspx

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Nina123

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Re: Ealing council PCN 53J Acton Lane
« Reply #3 on: April 12, 2024, 06:35:44 pm »
anyone?
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Chijiki

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Re: Ealing council PCN 53J Acton Lane
« Reply #4 on: April 12, 2024, 06:39:25 pm »
Quote from: Nina123 on April 10, 2024, 11:56:46 pm

Here is a video that was posted https://viewmypcn.co.uk/view.aspx

Anyone wishing to view the video will require the following information :-

PCN number: AO01009504
Registration: GF55KEU
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Incandescent

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Re: Ealing council PCN 53J Acton Lane
« Reply #5 on: April 12, 2024, 11:25:26 pm »
Having now seen the video, I think you will struggle greatly to overcome the PCN based on the actual contravention. Your car drives straight across the crossroads and past the sign with no hesitation whatsoever. However, there may be a "technical" defence, but you'd have to wait and see if anybody comes up with something.
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cp8759

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Re: Ealing council PCN 53J Acton Lane
« Reply #6 on: April 16, 2024, 09:24:54 am »
@Nina123 I think you'll have to use the strategy of last resort, which is explained here: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/l-b-waltham-forest-50r-performing-a-prohibited-turn/msg7581/#msg7581

As with that case, you would have to tell us if you have any meaningful mitigation (especially anything not connected to the contravention).
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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 nor 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.

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