Author Topic: Hammersmith & Fulham - code 53C Failing to comply with a restriction on vehicles entering a pedestri  (Read 1579 times)

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Hi there, received on Saturday 13th Sept this PCN for a contravention on the 2nd Sept.

Travelling along Hartswood Road and turning right into Cobbold Road I entered the restricted zone at 1 minute past the 8am start time.

I was using this route to circumnavigate the roadworks at the roundabout junction of Askew Road and Goldhawk Road, and and the awful tailback into Goldhawk Road.
I don't usually have to bypass my usual route but the jam was particularly bad that morining and was making me late for work. I used my car Sat Nav map for a detour, turned left onto Stamford Brook Road and approached Cobbold road travelling north on Hartswood Road.

[img width=1100 height=88.99107360839844]https://i.imgur.com/degkIyz.jpg[/img]

[img width=1100 height=88.99107360839844]https://i.imgur.com/ykhoCKX.jpg[/img]


The PCN states I have 28 days to pay £160 and also a 14 day period to pay the reduced amount of £80, however the images submitted were from an unmanned permanent static camera, does this constitute a CCTV one? Can I argue that their notice should offer 21 days as a reduced period and is therefore invalid? Granted I may have misunderstood what is and isn't a CCTV one, but I can't see that this is a different form of camera as it's not live.

[img width=1100 height=88.99107360839844]https://i.imgur.com/mda4fWN.jpg[/img]
[img width=1100 height=88.99107360839844]https://i.imgur.com/qF2XNHi.jpg[/img]
[img width=1100 height=88.99107360839844]https://i.imgur.com/WHzS8HH.jpg[/img]







Finally I need to check the approach from Hartswood Road for any warning signage, I'll post back with anything I find, I doubt there isn't any - If there isn't do I have a good case on that alone?

Streetmap link - https://maps.app.goo.gl/eV6zmPvNf3teyv3K9

EDIT: I vividly recall noticing the huge pencils marking the crossing point as I came up to the junction, in fact I'd go as far as to say they were where my eyes were directed when checking the direction of traffic, rather than the highly mounted signs.
« Last Edit: September 15, 2025, 07:34:58 pm by sjcuk7 »

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I have posted my i.imgur links but for some reason this forum wasn't resolving them in my post












« Last Edit: September 15, 2025, 07:33:27 pm by sjcuk7 »

The photos on your PCN are frames from a video taken by their CCTV camera. You should be able to view this video on their website using PCN Number and car reg. 
GSV is not sufficiently up-to-date, because the GSV link you posted is for August 2024, and doesnt show the restriction signs, therefore no advance sign. If you want to submit representations, you need to do some legwork with a camera to see if there are any advance signs on the road you used, Hartswood Road. Another aspect is that the time of the alleged contravention is only 1 minute after the restriction start time, so you could argue that whilst the council camera is no doubt synchronised with an atomic clock somewhere, such technology is not present on most motor car clocks, so you consider the one minute to fall within the grounds of de minimis, and ask the council to use some common sense when serving PCNs based on times.

The photos on your PCN are frames from a video taken by their CCTV camera. You should be able to view this video on their website using PCN Number and car reg. 
GSV is not sufficiently up-to-date, because the GSV link you posted is for August 2024, and doesnt show the restriction signs, therefore no advance sign. If you want to submit representations, you need to do some legwork with a camera to see if there are any advance signs on the road you used, Hartswood Road.

Thanks for all your advice. I've been back and taken pictures of Cobbold Road's pre-warning signs and the lack of any in Hartswood Road.





I've further checked the wording on all the signs, which indicate a restriction from Sept-July, from 8am - 9.30am and 2.30pm - 4pm. Clearly the restriction's intended purpose to to prevent traffic during school drop off and collection times, the location given on the PCN even states "Wendell Park School - Cobbold Rd"
On the date of my contravention, 2nd September there was no school, they had an inset day and term didn't commence until the day after on the 3rd.

https://www.wendellpark.lbhf.sch.uk/News___Events/Term-Dates-25102021143445/


OK, so the council have clearly recognised that advance warning is necessesary by providing an advance warning on the approach to the restriction, but have ignored the more important need for people turning right from Hartswood road. So I suggest your reps make two points, (1) PCN time of one minute into the restriction is ridiculous because vehicle clocks are not totally accurate, and some allowance should be made for that. APplication of common sense by those issuing PCNs is needed. and (2) No advance warning sign for vehicles turning right from Hartwood Road, yet the council provide advance warning on Cobbold Road, where the signs are visible from much further away. Mention council duty under LATOR  Regulation 18, to provide adequate signs of restrictions.

Hi,

Have you received a response on your appeal? Although judging by how long it took LBHF to reject my appeal, just over 60 days (appealed on 08 July and it was rejected on 08 Oct), I doubt you'd have received a response yet. But if you have, I'd be keen to know their response.

Kind regards,

Almep13

Hi there,

No I HAVEN'T recieved a response yet. As it has been over four months now since I lodged my appeal I wrongly assumed the case had been closed. Astonishingly, according to their website, it's still very much OPEN !!!!

Hi sjcuk7,

Thanks for your reply.

My case is at London Tribunals scheduled for a video-hearing in March 2026.

Let's keep one-another updated with the outcomes of our appeals.

Thanks and regards,

Almep13

Best of luck.

If I'm right my case should have expired as it was served by post, making it a Notice to Owner and requiring my appeal to be responded to within 56 days, unless I've misunderstood somewhere.
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Best of luck.

If I'm right my case should have expired as it was served by post, making it a Notice to Owner and requiring my appeal to be responded to within 56 days, unless I've misunderstood somewhere.
I see no PCN has been posted yet, so please do so. Look at the legislation at the top of the PCN. the 56 day limit to reply to formal reps against a Notice to Owner only applies to the Traffic Management Act 2004.  However, the council also have a duty of fairness, so getting on for 5 months means the unfairness test is met, in my opinion. You should win on this alone if you take them to London Tribunals.
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I see no PCN has been posted yet, so please do so. Look at the legislation at the top of the PCN. the 56 day limit to reply to formal reps against a Notice to Owner only applies to the Traffic Management Act 2004.

Slightly embarrassing there, I have mislaid the front page photo copy I took. I only have the second page and a copy of my written additional comments. I can view online but it's not the actual PCN that comes up.

Actually......I took a photo of the PCN, which I've just found......I thought I'd originally posted it, although all my photo links don't work from the device I'm replying from, perhaps they have expired - it's been so long!

https://imgpile.com/p/z5XM4KR
« Last Edit: Yesterday at 11:32:40 am by sjcuk7 »

Hi sjcuk7,

Thanks for your reply.

My case is at London Tribunals scheduled for a video-hearing in March 2026.

Let's keep one-another updated with the outcomes of our appeals.

Thanks and regards,

Almep13
[/quote

Hey Almep13,

Now that I'm worried about my case returning to bite, I've looked through your pictures more closely and can see you have a warning sign behind a tree on Hartswood Road pictured.
My photo from last Sept shows it had been removed!!

https://imgpile.com/m/d5n1vCZ

« Last Edit: Yesterday at 11:40:46 am by sjcuk7 »

OK, so PCN confirms my guess it was served under the LLA & TfL Act 2003. This means there is no 56 day limit to respond to formal representations, but the delay in replying is excessive, so this should be one of your points at the adjudication.

OK, so PCN confirms my guess it was served under the LLA & TfL Act 2003. This means there is no 56 day limit to respond to formal representations, but the delay in replying is excessive, so this should be one of your points at the adjudication.

Thanks......we'll have to wait I guess.
Out of interest, would you or anyone else advise calling them or just sitting it out?

I'm curious as to how the missing warning sign will play out, it's clearly in place in Almep13's pictures from July, but gone by my alleged contravention in September last year.