Author Topic: Imperial Road - Failing to comply with a prohibition on certain types of vehicle (m) motor vehicles  (Read 3511 times)

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Well pick 'the penalty charge exceeded...' and add at the start:

Please note you have not provided the ground of "Any other ground you wish to raise" so I have picked one of your other options to make this challenge for discretion.

I've just had an e-mail replay (letter will be in the post) and they have not cancelled the PCN  :(  (Just my luck!)

Should I just pay the discounted rate or are there any technicalities that I can argue?
 
Could the sign have been show which road in the roundabout is restricted? (screenshot)

Attaching the PDF response letter.

 

 

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All I can say is they've probably decided that enough time has gone by to not cancel for first time contraventions here, which is a shame but not unexpected.

To win an appeal we'd have to find something wrong with the signs or PCN wording etc.

Not sure that the lack go 'any other grounds' would work.

I am in the same situation and have also received a PCN for the same alleged contravention on the same road. I was having a look online and found the below:


"Home » Contraventions for Moving Traffic » Contravention Code 52
Contravention Code 52
Failing to comply with a sign indicating a prohibition on certain types of vehicles – Contravention Code 52
 

Specific grounds of appeal for this contravention:

Was the PCN sufficiently clear as to the contravention. In one case the PCN stated failing to comply with a sign indicating a prohibition on certain types of vehicle, however the signage at the location stated motor vehicles prohibited. The adjudicator said the PCN should have referred to “motor vehicles” rather than “certain types of vehicle”. Certain types of vehicles is too general. The contraventions have various suffixes. The correct suffix must be used and the contravention stated must be the exact one that relates to the stated contravention code.

Does anyone think i have a grounds for an appeal based on the above? Unfortunately I couldn't find reference to the above case where the adjudicator cancelled the PCN.

I am in the same situation and have also received a PCN for the same alleged contravention on the same road. I was having a look online and found the below:


"Home » Contraventions for Moving Traffic » Contravention Code 52
Contravention Code 52
Failing to comply with a sign indicating a prohibition on certain types of vehicles – Contravention Code 52
 

Specific grounds of appeal for this contravention:

Was the PCN sufficiently clear as to the contravention. In one case the PCN stated failing to comply with a sign indicating a prohibition on certain types of vehicle, however the signage at the location stated motor vehicles prohibited. The adjudicator said the PCN should have referred to “motor vehicles” rather than “certain types of vehicle”. Certain types of vehicles is too general. The contraventions have various suffixes. The correct suffix must be used and the contravention stated must be the exact one that relates to the stated contravention code.

Does anyone think i have a grounds for an appeal based on the above? Unfortunately I couldn't find reference to the above case where the adjudicator cancelled the PCN.
The rule for posting is one OP per thread, so please start your own thread.

I'm still unsure if I should pay the reduced amount or argue that the signs could be made clear.

Here is a list of my issues:
- One side of Townmead Road has a sign with a roundabout and clearly shows which road is restricted.
-The side of Towmead Road I drove in had no such sign.
- Also the ENTRY of Imperial Road where there are cameras does not have any sign mentioning it is a LTN road.

Another poster in this mentioned this:

Specific grounds of appeal for this contravention:

Was the PCN sufficiently clear as to the contravention. In one case the PCN stated failing to comply with a sign indicating a prohibition on certain types of vehicle, however the signage at the location stated motor vehicles prohibited. The adjudicator said the PCN should have referred to “motor vehicles” rather than “certain types of vehicle”. Certain types of vehicles is too general. The contraventions have various suffixes. The correct suffix must be used and the contravention stated must be the exact one that relates to the stated contravention code.

Is that a strong case?

The PCN mentions "certain types of vehicle (m) motor vehicle"

Thank you for any help.


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Hi @Johnsmith86 - Could you share a link of your post and your appeal details, maybe we can use the same arguments?

I am in the same situation and have also received a PCN for the same alleged contravention on the same road. I was having a look online and found the below:

"Home » Contraventions for Moving Traffic » Contravention Code 52
Contravention Code 52
Failing to comply with a sign indicating a prohibition on certain types of vehicles – Contravention Code 52
 

Specific grounds of appeal for this contravention:

Was the PCN sufficiently clear as to the contravention. In one case the PCN stated failing to comply with a sign indicating a prohibition on certain types of vehicle, however the signage at the location stated motor vehicles prohibited. The adjudicator said the PCN should have referred to “motor vehicles” rather than “certain types of vehicle”. Certain types of vehicles is too general. The contraventions have various suffixes. The correct suffix must be used and the contravention stated must be the exact one that relates to the stated contravention code.

Does anyone think i have a grounds for an appeal based on the above? Unfortunately I couldn't find reference to the above case where the adjudicator cancelled the PCN.
« Last Edit: February 17, 2025, 12:47:15 pm by hussainash »

I've applied to Tribunal based on printing errors on the notice of rejection sent to my house.

I'm not sure if I have a strong case. I am sure others would have also received similar copies until they fix their printers.

Attached are pictures of the printing defects on the posted letter I received.

What are the peoples thoughts on this?

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