Author Topic: Hackney 53 - Failing to comply with a restriction on vehicles entering a pedestrian zone  (Read 129 times)

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Nick325i

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Second time now I have been caught out by this. I find it tricky to read and process the signs times whilst you are turning and have people behind you. On this occasion i just needed to pull over as there was what I thought was a wasp in the car. Hackneys video shows me pull over immediately in the first space. I then stop to sort out the wasp (turned out it wasn't in the end) and i did a u-turn and left the road. I gained no advantage to going in there, I just didn't want to stop on a main road and on double yellow lines. Also the sign I was looking at was partly covered by tree leaves albeit there was another on the other side of the road.

I am not sure any of this warrants an appeal but that is what happened and was going to use this as representation unless anyone can see something I cannot?




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Incandescent

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You've redacted too much !  The sole evidence of the alleged contravention is the video, and to see it, we need the PCN Number and the car registration.

If you'd stopped on double-yellows, it's unlikely you would have got a PCN, because these have to be served by a CEO on foot. Here, you passed the sign, and all these can be, and are, enforced using CCTV. It's money for old rope for them, basically.

Nick325i

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I know. Stopping on those yellows would have caused traffic on the main road but yes I get your point. Apologies, PCN No. QZ17804411
Reg: NJ69 WFS

stamfordman

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Well they can use discretion owing to your wasp story and reversing out and we can also look at visibility of signs when turning left as cases are won on this. This is a timed school street restriction.

It's also signed as a dead end.

« Last Edit: October 09, 2024, 10:16:56 am by stamfordman »

Incandescent

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+1
OK, I've also had a look at the video, and it shows you turning left and passing the restriction signs that are mounted at a "sky height" level.
Here is the view as you approach on Shacklewell Lane: -
https://maps.app.goo.gl/aAd7uNptEw3qKSSw8
As you can see the LH sign is hidden by the tree foliage. The other sign is visible. The only problem is that it is 20 mph here so in theory, plenty of time to see the sign and not drive into the street. Obviously you can submit reps based on your narrative here. You would need to emphasise the wasp distraction.

Would this be a winner at London Tribunals ? I don't think so, because the wasp distraction is mitigation and adjudicators are barred from considering it. Would Hackney cancel ? They may, so why not submit reps based on your narrative, and also the obscuration of the LH sign, and its very high position.

Nick325i

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Thank you all. I will give it a go. I just find these signs are to process in a short time. That may be my ADHD!

stamfordman

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Post a draft here first.

Nick325i

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I am writing to formally challenge the Penalty Charge Notice (PCN)  which was issued to me for turning into a restricted road at xxx on xxx.

While I acknowledge that I entered the restricted road, I would like to raise the following points for your consideration:

Distraction Due to Perceived Emergency: I only turned on that road I was distracted by what I believed was a wasp in the car. Given the busy traffic and the fact that stopping on the main road with double yellow lines was not safe, I made the decision to pull over into the first available space, which was on the restricted road. Once I determined that there was no wasp and it was a very big fly, I immediately turned around and exited the restricted area without gaining any advantage from being there.

Signage Obscuration: The sign indicating the restriction on the left-hand side of the road was partially covered by tree foliage, impairing its visibility. Although there was a second sign on the opposite side of the road, this made it difficult to process both signs while making the turn. I would like to highlight that the position and obscuration of the sign did not provide clear and unambiguous guidance to drivers. Please refer to the video footage).

Difficulty Processing Signs: As a person with ADHD, I sometimes find it challenging to quickly process lengthy and detailed signs while driving, particularly in situations where I need to make a turn from a busy road. The time available to read and fully comprehend the restrictions was insufficient, especially considering the complexity of the sign, the presence of traffic behind me and what I perceived at the time as an emergency.


No Intent or Benefit: I did not enter the restricted road to avoid traffic or gain an advantage. My actions were purely driven by the need to handle an emergency and to ensure road safety. I promptly corrected the situation by exiting the road once it was safe to do so.

Given these circumstances, I respectfully request that you reconsider the issuance of this PCN. I hope you will take into account the combination of obscured signage, the difficulty in processing the sign's information in a short period of time, and my immediate corrective actions. I kindly request that you cancel this charge.

Thank you for your understanding and consideration. I look forward to your response.

stamfordman

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I would add in the first distraction point:

Please note that Shacklewell Row is a dead end and my journey was from [A] to . I had no reason to turn in for any other reason and was only briefly inside the signs.

Nick325i

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Just had a response from Hackney and its not in my favour. Is it worth even appealing this?

Notice of Rejection of representations
PENALTY CHARGE NOTICE NUMBER: QZ17804411
VERIFICATION CODE
VEHICLE REGISTRATION: NJ69WFS
LOCATION OF CONTRAVENTION: Shacklewell Row
DATE OF CONTRAVENTION: 02 October 2024
TIME OF CONTRAVENTION: 15:23
NATURE OF CONTRAVENTION:

53 - Failing to comply with a restriction on vehicles entering a
pedestrian zone

Thank you for writing to us.
We have carefully considered what you say but we have decided not to cancel your Penalty Charge Notice.
We sent you a Penalty Charge Notice because our CCTV camera evidence shows your vehicle entering a pedestrian
zone when it was not allowed to. There is a white, rectangular sign which says 'Pedestrian and Cycle zone' and shows
the rules.
Restriction Sign 619 - Conforming to TSRGD schedule 3, part 2.

Signs that are red and circular give orders that must be obeyed and this sign indicates that no motor vehicles are
permitted beyond this point.
The location where the contravention took place has been checked and the signs and road markings are correct and
compliant with the Traffic Signs Regulations and General Directions (TSRGD) 2016 and The Traffic Management Act
2004. The Traffic Signs Regulations and General Directions (commonly abbreviated to TSRGD) is the law that sets out
the design and conditions of use of official traffic signs that can be lawfully placed on or near roads in Great Britain
(England, Scotland and Wales) and the Isle of Man. The Traffic Signs Manual is a companion guide to the TSRGD
29/10/2024 71J414

which sets out dimensions and other details for using the authorised signs and markings. We have a statutory obligation
to ensure all road signage is compliant.
The Pedestrian and Cycle Zone signs that have been erected at the entrances to the scheme is a standard sign
governed by the Department for Transport and is deemed legible from a moving vehicle. The pair of signs erected at the
entrances to the schemes are deliberately large as the information on them, e.g. operating days and times, exemptions,
has to be clearly displayed to motorists; this should ensure they do not inadvertently contravene the restrictions.
Please be advised that the signs at the entrance to the zone clearly state "Pedestrian and Cycle Zone No Motor
Vehicles Monday to Friday 8:30 – 9:30am, and 3 – 4pm except permit holders SS43".
Furthermore, there is a restriction sign that shows that certain motor vehicles are not allowed in the pedestrian zone
during the times stated on the signage. The scheme is designed to enhance air quality and the street environment and
also to improve road safety at the busiest times of the school day.
After reading your letter we have taken into consideration what you have stated, although we sympathise with what you
have stated it remains the responsibility of the driver/motorist to always observe and obey all traffic signs and
instructions as it is important to ensure that they comply with the traffic regulations.
You have these choices:
You can pay the discount charge of £65.00. You have 14 days from the date of this letter being served to do this.
You can pay £130.00 if you miss the discount period. You have 28 days from the date of this letter being served to
do this.
If you wish to appeal, please read the guidance notes attached to the appeal form enclosed with this letter. You
can make your appeal online at the following address www.londontribunals.gov.uk. Please ensure that you quote
the unique appeal verification code stated on this Notice of Rejection and follow the online instructions on how to
complete your appeal. Alternatively, you can complete the Appeal Form enclosed with this letter (please read the
guidance notes before completing it) and send your appeal to the Environment and Traffic Adjudicators (ETA) at
the address stated on the form. Please do not send the appeal form to us. For any enquiries about your appeal,
please visit the London Tribunals website at www.londontribunals.gov.uk. The adjudicator will consider your
appeal and make a final decision. Please note that an adjudicator can not allow an appeal on the basis of
mitigating circumstances but may refer the case back to the authority for further consideration. An adjudicator can
not normally award costs but may do so if he considers that either party has acted frivolously, vexatiously or wholly
unreasonably. The directions of an Adjudicator must be complied with forthwith.
If you do nothing
If, after 28 days, you have taken no action, we may send you a Charge Certificate increasing the charge from £130.00 to
£195.00. You will then have 14 days to pay the increased charge. If, after the 14 days, you have not paid the increased
charge, we may apply to the County Court to recover the money - plus court costs - from you.
How to pay:
Online (PCNs starting with QZ) go to www.hackney.gov.uk/parking-fines by following the payment links.
By phone (PCNs starting with QZ) 020 8629 1232 (24 hours) using a Visa, MasterCard, Maestro or Visa Electron
card.
By post Please make your cheque or postal order payable to 'London Borough of Hackney', write your PCN
number (see above) on the back, then send it to: Representations and Appeals, PO box 76121, London, E5 5FG.
Please do not send cash through the post.

Nick325i

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Hi,

Does anyone have any advice on this please?

John U.K.

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You have left out one of the more important things in the NoR, viz. the date of the letter, which governs deadlines for the next stages.
Please post up exactly what your wrote in your representation.


Nick325i

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Apologies. My representation was on the 16th October as follows...

I am writing to formally challenge the Penalty Charge Notice (PCN)  which was issued to me for turning into a restricted road at Shacklewell Row on 02/10.2024. While I acknowledge that I entered the restricted road, I would like to raise the following points for your consideration: Distraction Due to Perceived Emergency: Please note that Shacklewell Row is a dead end and my journey was from Dalston to Woodford Green. I had no reason to turn in for any other reason and was only briefly inside the signs. I only turned on that road I was distracted by what I believed was a wasp in the car. Given the busy traffic and the fact that stopping on the main road with double yellow lines was not safe, I made the decision to pull over into the first available space, which was on the restricted road. Once I determined that there was no wasp and it was a very big fly, I immediately turned around and exited the restricted area without gaining any advantage from being there. Signage Obscuration: The sign indicating the restriction on the left-hand side of the road was partially covered by tree foliage, impairing its visibility. Although there was a second sign on the opposite side of the road, this made it difficult to process both signs while making the turn. I would like to highlight that the position and obscuration of the sign did not provide clear and unambiguous guidance to drivers. Please refer to the video footage). Difficulty Processing Signs: As a person with ADHD, I sometimes find it challenging to quickly process lengthy and detailed signs while driving, particularly in situations where I need to make a turn from a busy road. The time available to read and fully comprehend the restrictions was insufficient, especially considering the complexity of the sign, the presence of traffic behind me and what I perceived at the time as an emergency. No Intent or Benefit: I did not enter the restricted road to avoid traffic or gain an advantage. My actions were purely driven by the need to handle an emergency and to ensure road safety. I promptly corrected the situation by exiting the road once it was safe to do so. Given these circumstances, I respectfully request that you reconsider the issuance of this PCN. I hope you will take into account the combination of obscured signage, the difficulty in processing the sign's information in a short period of time, and my immediate corrective actions. I kindly request that you cancel this charge. Thank you for your understanding and consideration. I look forward to your response. Yours faithfully On-line challenges and representations service.

John U.K.

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Quote
Just had a response from Hackney and its not in my favour. Is it worth even appealing this?

Notice of Rejection of representations

NoR = Notice of Rejection... it is the date of this document which governs deadlines.

Nick325i

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