Author Topic: Islington, 53J (restriction on vehicles entering pedestrian zone), Sussex Way  (Read 1245 times)

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I would appreciate some advice on how to appeal my 53J (faling to comply with a restriction on vehicles entering a pedestrian zone) council ticket.

I entered my car on a street (Sussex Way, N7 6RB) that had a daily restriction between 15:00 and 16:00, turning the road to a pedestrian road due to the school on it. The first picture of my car entering the street (you can clearly see the car half way through turning) was taken at 15:59:55. Only 5 seconds before the restriction gets lifted. The rest of the pictures on the ticket I was sent (with the car driving down the road) are after 16:00:00.

Can I appeal? What exactly can I use as my defense?

Here is a link of the street: https://goo.gl/maps/bH7Xx3TKMoNLGzeF8

Thank you all in advance for reading this!!

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« Last Edit: July 04, 2023, 05:19:17 pm by cp8759 »

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Very obviously the usual absurd money-grubbing PCN we see far too often, as the traffic management benefits of whalloping you for less than one minute are nil.

You should therefore submit representations on the basis that your car clock showed a time of just after 16.00, so you entered the street.  This contravention is what legal people call "de minimis", too trivial to be bothered with, but with councils keeping the money from PCN payments, they just cary on.
There is an adjudication somewhere in London Tribunals where the council were shot down in flames on issuing PCNs right at the end of a restriction period. There may also be guidance on this from London Councils, but others more "London" experienced will be able to point you in the right direction. 


I cannot open these files. I get a message that the files don't exist. Could you check please? Here is my email if that helps: tasoupalisid@gmail.com

Thank you so much for responding!

Mike there's a reason I use bit.ly, the links don't break when you copy / paste them:

http://bit.ly/2W1ni9T

https://bit.ly/3qZ4ycj
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

My apologies, they read OK on the Pepipoo site I just thoughtlessly copied them over.

Mike

My apologies, they read OK on the Pepipoo site I just thoughtlessly copied them over.
No problem, if you copy them from one pepipoo thread to another they also break, as long URLs get shortened by all forum software.

Anyway, here's some draft reps that Tasou can send:

Dear London Borough of Islington,

The video footage shows that the council's clock purports to detect my vehicle entering the street at 3:59:55 pm, only 5 seconds prior to the end of the restriction. Even if the camera's clock is synchronized with the atomic clock to ensure 100% accuracy, this is plainly a de-minimis contravention and common sense would dictate that the penalty should be cancelled.

Yours faithfully,


Don't worry if they reject, just post the rejection letter on here and we'll advise on the next steps.
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