Author Topic: Failing to drive in the direction shown (Proceeding in wrong direction)  (Read 949 times)

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Hi,

wanted to know if there is any grounds of appeal for this PCN?

https://ibb.co/L1PB8SS
https://ibb.co/GMVMX3Q
https://ibb.co/6D0rgsp
https://ibb.co/sJgHtv9
https://ibb.co/qyYXcf7
https://ibb.co/dDxVTQh
https://ibb.co/4pppfN1

These are also followed by video evidence of the PCN.

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Re: Failing to drive in the direction shown (Proceeding in wrong direction)
« Reply #1 on: »
Quote
wanted to know if there is any grounds of appeal for this PCN?
Well, none whatever for the contravention itself, as you ignored a left turn arrow: -
https://maps.app.goo.gl/deFHbcFWf3WmF3r56
The PCN may contain fatal errors, although I see none, but I'm not totally up-to-speed on the LLA & TfL Act 2003, so see what the others say. You could of course, submit reps on the basis that nothing in their video or photos shows the sign you ignored.

Re: Failing to drive in the direction shown (Proceeding in wrong direction)
« Reply #2 on: »
I don't see any signs.
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

Re: Failing to drive in the direction shown (Proceeding in wrong direction)
« Reply #3 on: »
That sign is not a 'turn left' sign, i.e. item 1 not item 2 in the Part 2 sign table:

https://www.legislation.gov.uk/uksi/2016/362/schedule/3/made

Compulsory turn left (item 2) signs can be found durther along Savile Row.

Whether an adjudicator would attach much weight to this distinction, I don't know.

This BMW seems to have more than its fair share of motoring misfortune judging by current threads.

Re: Failing to drive in the direction shown (Proceeding in wrong direction)
« Reply #4 on: »
That sign is not a 'turn left' sign, i.e. item 1 not item 2 in the Part 2 sign table:

https://www.legislation.gov.uk/uksi/2016/362/schedule/3/made

Compulsory turn left (item 2) signs can be found durther along Savile Row.

Whether an adjudicator would attach much weight to this distinction, I don't know.

This BMW seems to have more than its fair share of motoring misfortune judging by current threads.

It does unfortunately.

The sign I believe they're referring too is the turn left signal on the road..

Re: Failing to drive in the direction shown (Proceeding in wrong direction)
« Reply #5 on: »
@privates

Wakey wakey Hippo!  The PCN is pants:  date to pay is expressed in two different ways!  PCN is a nullity therefore.

https://ibb.co/qyYXcf7

https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted

8(a)(iii)

(iii)that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;

Similarly, the 14 days is also incorrect.

iv)that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;

Happy to do this one for you if it goes to the Tribunal.
« Last Edit: February 01, 2024, 02:51:48 pm by Hippocrates »
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
Like Like x 1 View List

Re: Failing to drive in the direction shown (Proceeding in wrong direction)
« Reply #6 on: »
Quote
wanted to know if there is any grounds of appeal for this PCN?

The PCN may contain fatal errors, although I see none, but I'm not totally up-to-speed on the LLA & TfL Act 2003, so see what the others say. You could of course, submit reps on the basis that nothing in their video or photos shows the sign you ignored.

Dear Sirs

Ref: PCN          VRM

I make this collateral challenge against the PCN as it departs very substantially from the statutory scheme because it not only incorrectly states the 14 days and 28 days periods in which to pay, but also it expresses the latter period in two conflicting ways.

Therefore, please cancel the PCN forthwith.

The legislation, of which I am sure you are aware, is here:

https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted

8(a)(iii)

(iii)that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;

Similarly, the 14 days period is also incorrect.

iv)that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;

I believe it would be eminently sensible to resolve this matter now without the need for independent adjudication.

Yours faithfully

Name

Address
« Last Edit: February 01, 2024, 03:10:01 pm by Hippocrates »
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
Like Like x 1 View List

Re: Failing to drive in the direction shown (Proceeding in wrong direction)
« Reply #7 on: »
@privates go with Hippocrates's draft, frankly as long as you don't miss the deadlines you can't really lose a case like this.

However you know that the post is hit and miss with your letterbox, so do not rely on the postman. You need to keep checking the council website to see what stage the PCN is at.
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 or 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 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: Failing to drive in the direction shown (Proceeding in wrong direction)
« Reply #8 on: »
Quote
wanted to know if there is any grounds of appeal for this PCN?

The PCN may contain fatal errors, although I see none, but I'm not totally up-to-speed on the LLA & TfL Act 2003, so see what the others say. You could of course, submit reps on the basis that nothing in their video or photos shows the sign you ignored.

Dear Sirs

Ref: PCN          VRM

I make this collateral challenge against the PCN as it departs very substantially from the statutory scheme because it not only incorrectly states the 14 days and 28 days periods in which to pay, but also it expresses the latter period in two conflicting ways.

Therefore, please cancel the PCN forthwith.

The legislation, of which I am sure you are aware, is here:

https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted

8(a)(iii)

(iii)that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;

Similarly, the 14 days period is also incorrect.

iv)that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;

I believe it would be eminently sensible to resolve this matter now without the need for independent adjudication.

Yours faithfully

Name

Address

Sent through just now - Appreciated !!!

Reply with rejection for the following reasons :

https://ibb.co/h1vj4Gh

Re: Failing to drive in the direction shown (Proceeding in wrong direction)
« Reply #10 on: »
@privates well the rejection is nonsense and also gives you further grounds to appeal on the basis of a failure to consider.

@Hippocrates do you have capacity? If not I can pick this one up.
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 or 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 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: Failing to drive in the direction shown (Proceeding in wrong direction)
« Reply #11 on: »
@cp8759:  got your message, yes I do.
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

Re: Failing to drive in the direction shown (Proceeding in wrong direction)
« Reply #12 on: »
@privates wait for Hippocrates to PM you, he'll sort this out for you.
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 or 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 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: Failing to drive in the direction shown (Proceeding in wrong direction)
« Reply #13 on: »
PM sent/done. Is this a conflation? I will have to ask the Chief Adjudicator.  ;D
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
Wow Wow x 1 View List

I will e mail privates now.
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r