Free Traffic Legal Advice

Hi all

In late Octover I received a PCN from the London Boroough of Enfield which stated "52M Failing to comply with a sign indicating a prohibition........".
I had driven through the wider space in the middle of the road, intended for buses, emergency vehicles, bin lorries etc instead of using the narrower (restricted) lanes on either side.

It was a purely unintended. The "offence" occurred at 11PM and it was dark and raining and I had not spotted any signs and didn't want to damage my wheels.

I have yet to respond to the PCN but have 28 days from 7 November.

I intend to appeal and have noted that the exact same case exists on Pepipoo

http://forums.pepipoo.com/index.php?showtopic=149331&st=20&gopid=1798203&#entry1798203

It seems like between some of the commentators on the Pepipoo thread and the OP, they have managed to successfully appeal the case.

I was wondering if anyone could provide some guidance on this - or even better - the original commentators on Pepipoo give me an indication of what they stated in their response to the same contravention.

Any help would be appreciated.

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I didn't see the signs and just assumed that the middle section was free to use. Having a larger car, I just didn't want to damage my wheels.

It was not a case of believing there was no camera and thinking I could get away with it but a genuine mistake.

Sorry it's late and I clearly haven't understood the assignment.

I think I may have also have misread the TMO upon looking at this again.

If the mistake was one of hoping to the cameras were not working, what would a likely defence be? I have read the RTA s66-7 as well as the exemptions and cant see that any would apply from a cursory reading

Thanks for clarifying, I should have uploaded all pages in the original post. The are uploaded as attachments

Quote from: Incandescent on November 16, 2023, 12:04:49 am

the PCN may contain fatal errors of content, so please post all pages of it for perusal.

Hi,

I've gone through the PCN and can't spot any obvious errors. Is there anything in particular I should be looking for? If you could direct me to any information/key things to look for I'd be happy to read.

All the pages are uploaded to the first post of this thread.

I've had a look through the PCN and it seems to be all OK.

Too late today but I think the restriction may not be at the correct place. More tomorrow.

I checked the outcome of the previous case. The council rejected the formal representations but once we reached the tribunal they threw in the towel. I'm happy to handle the whole thing Felics, email me at mrmustard@zoho.com

Grounds of Apepal to tribunal

1   No such address

The Gazette advertisement, a pre-requisite to making an Order, is that it relates to Firs Park Road, N13.

The PCN is invalid for that reason alone. The address at which the signs have been installed are within a different postcode, being N21.

2   Signs installed at wrong location

The made traffic order, signed on 14 April 2021, authorises, and indeed requires, signs to be erected at the common boundary of 15 and 17 Firs Park Avenue.

There are no signs at that location. They are at the common boundary of 13 and 15.

In addition the length of road over which passage is prohibited is 2m and so the no motor vehicles signs should not be mounted back to back but 2m apart.

Thank you Mr Mustard. I have sent through an email (y)

The Notice of Rejection is notable for a complete failure to mention either of the two representations which were made.

That alone may be enough for a win at the tribunal.