Author Topic: Hounslow, 52JM, Failing to comply with a prohib, Hartington Rd J/W Chiswick Quay  (Read 4118 times)

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Hi,
I'm very new to this forum and only found an old inactive Pepipoo link which ultimately led me here.

On the day of the offence, I was going to North London, and the A406 at chiswick roundabout was closed by Thames Water for emergency repairs. My sat nav kept rerouting me to the A406 because its not smart enough to recognise the closure.
Disoriented and running late, i kept trying alternative routes. I believe this is a when i went past the said junction. I recall seeing the sign but could not process what it meant, because i had not seen one like it before. My instincts at the time was to check that i was within the speed limit. If i had known, maybe i would have turned back. Subconsciously, i had assumed the electric car (which was in the wake of ULEZ expansion) will exonorate me from furure PCNs on the basis that the car was not emitting. I was clearly wrong.
I have tried to look through the site but unsure how to proceed, it seems to me that Hounslow council are starting to address the basis for some of the challenges raised in the previous appeals (I coild be wrong). I will try to attach all 4 pages pf the PCN to this post (apologies if this does not show correctly since im using a phone). I appreciate any guidance you have to offer on this matter.

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« Last Edit: May 13, 2024, 10:26:43 am by Kidschauffer »

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Was there no signed diversion around the emergency work ?

Latest GSV Sept 2022shows the signs covered up for some reason
https://maps.app.goo.gl/f8y99i2FBcFN2Wp98
However the May 2022 view shows the signs that have been there for quite some time now.
https://maps.app.goo.gl/9e9yqQfJhfHiQqEL6
There used to be an advance warning sign at the turn from the Great Chertsey Road, but it seems not to be there anymore, and there are no other advance warning signs, so you could submit representations on that basis.

If you can post the video, it would help, otherwise give us PCN Number, and car registration

This location used to be a "hardy annual" for PCNs on the Pepipoo site, as this road provided a very convenient short cut to the A4 avoiding the Hogarth Lane roundabout, so it was restricted due, I suspect, to resident's complaints. The widespread introduction of satnavs didn't help either.

Thank you for taking the time to look into this. I have downloaded a clip and it is available via the following link:
https://drive.google.com/file/d/1zF5ugqU1gB4jYpM9A7tmAyP3JqAmi48b/view?usp=drivesdk
If the link does not work, then please use the PCN no and Reg number (OY70KFK) from the first of the 4 PCN pages that was posted prior.

There was signage for diversion but the traffic stood still for so long that i felt i needed to peel off (after about 40mins with little movement) to find other routes.

In hindsight, there are 2 factors that contributed to my falling foul of this PCN but i dont think either can be used in an appeal. First one being that i had never come across such sign in the middle of the road before (i would normally expect it see them at junctions/ turning) and i didnt get to read the whole text to understand why i could moi go m. If i was familiar with it, i may have considered stopping in the middle of the road and turning around.  Instead, i simply assumed it was safe to follow other vehicles on the road at that time. The second issue is that I'm practically geographically dyslexic cos i have no sense of direction at times, i rely very heavily on 2 sat navs... these devices are designed to utilise the full capacity of the road network. People like me fall foul the moment they start penalising road users for accessing alternative routes.

Using satnavs to get around or through big cities like London is fatal if you just follow the directions, and don't look out for signs, because satnavs are never up-to-date. But I hear you say "it's updated automatically ever <nn> weeks !".  Indeed it may be, but the roads information the satnav company rely on may not be up-to-date.  I suppose you could say that if you pay the "toll" (the PCN discounted amount),  you got home earlier !

At the moment, it does seem as if the contravention is made out, but it may not be "game over" just yet as many PCNs get overturned on technical arguments, but I don't see one at the moment but others might. So wait a bit until others have commented, but don't miss the deadline on the PCN to pay or submit reps

Thank you Incandescent. I totally agree... The satnav is for guidance only. My satnav led me to 2 more of those restricted streets in that same journey but I was more alert to avoid them - perhaps because both signs were are at the entry point of side street allowing enough time to stop, read the signs properly, process and take a different course of action.
In any case, there is nothing like the stinging pain of an exploitative PCN to help focus the mind in future.
Ironically, the journey was to pick up a used item bought on Facebook market place... for the price of the PCN, i could have ordered a whole new one delivered to my home. We live and learn as they say.

I will keep an eye out to see if any one is able to identify any technicalities.

Well there is the fact that the council website gives a very limited list of grounds:



The decisions at rows 567 to 582 here explain why this is important, however to point this out in the representations themselves would undermine the argument so this is something to be kept in reserve for the tribunal.

@Kidschauffer please tell us a bit more about the diversion, were there no diversion signs?

Also, is the car registered in your name or is it leased?
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

Hi cp8759,

Thank you for the query. The car is registered in my name. What I recall about the diversion is that the roue was gridlocked on the day. It is a fairly busy roundabout without the roadworks to begin with. My satnav kept trying to re-route me to the scene and I drove farther away in hope it will calculate an alternative route. It was a mess.

In any case, I submitted an appeal last night having already visited the location earlier in the day. I argued that the signage is not very visible... I will try to attach the PDF here for you to read. https://drive.google.com/file/d/16iiPejtUXRXAVK6zLuYGpihl1_bh567B/view?usp=drive_link

It's very long-winded; I struggle to be concise most times. I sent the appeal by email (as opposed to using the council's website). In my email, I attached a link to a video I took when I visited the scene. Please see link below
https://drive.google.com/file/d/10Aif3RQsfl6TC5GnpCql6H_3PcIb2cKG/view?usp=drive_link

I appreciate the additional arguments that you've raised as something that can be called upon during the tribunal. First, I will wait and see what they say about my appeal.
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HI all,
I want to share some updates concerning my case. I recently heard back from Hounslow council. They rejected my representation. Because of the global internet outage from earlier today, i have not been able to scan it (cos my work scanner need internet). I will try to post the response here next week. I will also write a draft appeal letter to the adjudicator which I will also post here. Hopefully one of you guys can give me feedback on my draft before I submit it. The rejection letter was dated 10th July, so I hopefully that will give me until around the 7th of Aug to respond.

In the meantime, I would like to know if anyone has a view on what is better between personal hearing vs written evidence alone... which one do you think i should go for? Although, it will  most likely cost me more to skip work for a day to attend the hearing, I feel aggrieved enough to consider it a price worth paying. I will gladly go to a hearing even if it only improves my chances of success by a single percentage point.

Quote
i have not been able to scan it (cos my work scanner need internet).

Have you a smartphone with a camera?

Yeah i have...  I was thinking there are too many pages in their response (approximately 8 or10) to post as single pics. Admittedly only the first two pages contain their justification. Last time I uploaded photos i took on my phone, not everyone could see it. So this time I  wanted to get it across as one pdf file, upload onto Google drive and share link, since that method has worked best so far.

Quote
what is better between personal hearing vs written evidence alone... which one do you think i should go for?
Never, ever, go for a papers-based adjudication, because you cannot answer any questions the adjudicator may want to ask. Attended hearings are now mostly by telephone at London Tribunals, so you don't have to trek up to central London for the hearing.
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Here is the Notice of Rejection from Hounslow Council that I mentioned on Friday
https://drive.google.com/file/d/150BdXP_Xd-A5pHxmjDEYc7d6RaRns4WE/view?usp=sharing

I tired to write an draft letter of Appeal to the Adjudicator - shown in this link
https://drive.google.com/file/d/1RqU_ti1kw6pBYVXmlffe4EsfLJTjfb_N/view?usp=sharing

Kindly share your thoughts on my draft.

I note that there are 5 grounds for appeal and my arguments does not strictly fall with any of the 5 since I'm the Owner, and I'm was the one driving, and I'm not a hire firm, Is it ok for me to check the box stating the "the contravention did not occur"? Appreciate any advice you have on that also.

At some point in future, I will need to figure out how to upload my draft. Looking on the London Tribunals website, I get the impression that appeals are only made using the online form on the website (I'm not keen on the postal route unless no other choice). Since the form appears to be text-based, I feel I may need to figure out other ways to present my argument. Perhaps, I will simply include the appeal as an attachment. In any case, will cross that bridge when i get there.

Why have you rejected the idea of the discount which expires on 25th?

An adjudicator cannot take mitigation into account, so none of your circumstantial reasons would avail you.

As far as I can see the video shows you passing the signs, which are visible, and their rejection details the advance signs - not that of themselves these are a legal requirement.

So other than an unspecified point in a post - which hasn't been put up for peer review - I cannot see on what grounds and with what expectation you would reject the offer bearing in mind that adjudication is for the full penalty.

Why have you rejected the idea of the discount which expires on 25th?

An adjudicator cannot take mitigation into account, so none of your circumstantial reasons would avail you.

As far as I can see the video shows you passing the signs, which are visible, and their rejection details the advance signs - not that of themselves these are a legal requirement.

So other than an unspecified point in a post - which hasn't been put up for peer review - I cannot see on what grounds and with what expectation you would reject the offer bearing in mind that adjudication is for the full penalty.


Thank you for the feedback. I will go ahead an pay it then. I was not aware the adjudicator was going to ignore the circumstantial evidence that I based my case on. I clearly feel aggrieved by the fine and unsatisfied by the reply from the council ...so I'm feeling emotional and wanting to keep fighting. I appreciate the objective level-headed position you have taken. Thank you for the advise.

Hi all, Due to very high quantities of phishing attempts on my Google drive, I had to change the settings on the shared links on this thread to private only. My intention was to leave it online for others to use as reference (even though I was unsuccessful in my challenge). Apologies for any inconvenience caused.
« Last Edit: September 20, 2025, 09:57:35 pm by Kidschauffer »