H&F 52M RMV Sawley Rd Eastbnd nr Jct Bloemfontein Rd (va)

Hello people,

Once again it appears my mother may have fallen fowl to one of the LTNs. This time, the council may have slipped up and I'd like some opinions.

I'm not sure on the PCN but the video shows the vehicle already past the sign by a decent distance, so no offence proved?

PCN & Video

TIA

Indeed the video doesn't show you passing a sign on the way in, but there may be a sign on the way out.  Of course the video doesn't show this, as it cannot, but I suggest you check this aspect before submitting reps. However, don't miss the deadline for submitting reps on the PCN.

If you want to submit reps now, just give a short paragraph on the lines that the video does not show you passing any restriction signs. Post up their response when you get it.

Right, I’ve had a drive down to the area and there is a flying motorcycle sign on the other side.

I think this is now a de minimus/discretion argument. Here’s the reps I’ve come up with

Penalty Charge Notice: HZ99303438
Vehicle Registration: FN64 AJX

I am assisting my mother, the registered keeper of the vehicle, in preparing these representations. I am authorised to correspond with the council on her behalf regarding this PCN.

The authority’s evidence does not establish the alleged contravention.

The CCTV footage relied upon by the authority does not show the vehicle passing any prohibition sign or entering the restricted area. The footage commences with the vehicle already present within Sawley Road and records only a turning manoeuvre. At no point does the video show the vehicle approaching the restriction, passing the signs, or crossing the point at which the restriction begins.

The authority may invite the council to infer that the vehicle must previously have passed a restriction. However, the CCTV evidence itself does not show this and therefore does not directly establish the alleged contravention.

If, notwithstanding the above, the council is satisfied that a contravention occurred, I submit that any breach was de minimis.

The CCTV footage shows the vehicle immediately turning around and leaving the area. The driver did not continue through the restricted zone and did not use the restriction as a shortcut or to gain any advantage. The entirety of the footage is consistent with a driver who realised a mistake and took immediate steps to correct it.

I also ask the council to exercise its discretion to cancel the PCN.

At the time of the alleged contravention, my mother had recently been served with a Section 21 notice and was viewing potential alternative accommodation. She was unfamiliar with the area and under considerable stress. Upon realising that she had entered a restricted road, she immediately turned the vehicle around and exited the location, as shown by the council’s own CCTV footage.

The footage does not show a driver continuing through the restricted area. Instead, it shows a driver taking immediate action to leave once the mistake was recognised.

In all the circumstances, I respectfully request that the Penalty Charge Notice be cancelled.

The previous version was a bit pompus. I've softened it a little bit to not have them on the offensive from the off.

Penalty Charge Notice: HZ99303438
Vehicle Registration: FN64 AJX

I am assisting my mother, the registered keeper of the vehicle, in preparing these representations. I am authorised to correspond with the council on her behalf regarding this PCN.

Having reviewed the CCTV footage, I would respectfully ask the council to reconsider this PCN and exercise its discretion to cancel it.

The footage begins with the vehicle already within Sawley Road and does not show how the vehicle arrived at that location. The only manoeuvre captured on the CCTV is the vehicle turning around and leaving the area.

My mother had recently been served with a Section 21 notice and was viewing potential alternative accommodation in an unfamiliar area. She was understandably under a significant amount of stress at the time. Upon realising that she had entered a restricted road, she immediately turned the vehicle around and exited, as shown in the council's own footage.

The CCTV does not show a driver continuing through the restricted area or seeking to use the restriction as a shortcut. Rather, it shows a driver who recognised a mistake and took immediate action to correct it.

If the council considers that a contravention technically occurred, I would respectfully submit that any breach was de minimis. In other words, any breach was so trivial and insignificant that it would be disproportionate to enforce the penalty in the circumstances. The vehicle did not proceed through the restricted area. Instead, my mother immediately turned around and left as soon as she realised her mistake.

The council's own CCTV footage shows that the sole manoeuvre captured is the vehicle turning around and exiting the location. There was no attempt to continue through the restriction, gain any advantage, or use the route as a shortcut. The footage is entirely consistent with a driver who recognised an error and took immediate steps to rectify it.

I appreciate that restrictions of this nature serve an important purpose, and my mother regrets the error. However, given the particular circumstances, the immediate corrective action taken, and the minimal nature of any breach, I would be grateful if the council would exercise its discretion and cancel the Penalty Charge Notice.

Thank you for taking the time to consider these representations.

Apologies if rules breaches, first time poster.

I just got busted also at same junction.  RMV Sawley Rd Eastbnd nr Jct Bloemfontein Rd VA136   (56 Bloemfontein Rd W12 7FE)

On a BANK HOLIDAY MONDAY 31 Aug, at 9.10AM 

I had been visiting a friend in Shepherds Bush, and was using free parking on Bloemfontein rd. I had just gone to pick up some shopping and recover the car.
I was so worried about the famous Fulham parking inspectors might start 9AM on Bank Holiday Monday, I thought I would quickly park in the loading bay near Sainsbury local while I bought some groceries.

See google street view, I am parked where the black Corsa has parked. Ie entered the restricted zone by 15 metres.

https://www.google.com/maps/@51.5102219,-0.2346323,8a,47.6y,277.3h,88.01t/data=!3m7!1e1!3m5!1s_cvsm0yo9p3-aQvPGtvtFQ!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D1.9899999999999949%26panoid%3D_cvsm0yo9p3-aQvPGtvtFQ%26yaw%3D277.3!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI2MDkzMC4wIKXMDSoASAFQAw%3D%3D

Simple sign which no-one outside of London would understand. Partially covered by trees anyway.

Council is clearly using this as cash generator.

Would be interested from OP (original poster) how outcome went, will help my representation to the council.

Ironically I found out from the street parking machines and Ringgo, that street parking on BH Monday, is free after all! But I guess not the money maker cameras.

I come from the north and we don't even have on street parking meters/ paid app places.
We have quite a lot of cameras in the north. They are nearly all used for ROAD SAFETY, ie monitoring traffic flow, no speed camera element.

Rule of this forum is ONE Original Poster per thread, so please start your own. Of course you can continue to observe this thread.