Author Topic: PCN: 54J Pedestrian Zone Entry: Barking East Street  (Read 658 times)

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PCN: 54J Pedestrian Zone Entry: Barking East Street
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Dear Forum Members,

I have got a PCN for 54J Failing to comply with restrictions in a pedestrian zone for East Street barking.
Was planning to pay up today (being the last day for the discount) when I noticed from the evidence that I was right at the border of the signage of pedestrian zone, so wanted to check with the experts on the forum if there is any ground for appeal in this case (things like de minimus etc).


I have attached the PCN details and the council evidence (pictures + video) as well as good street view showing the exact location of the signage and that I parked right next to it (not well beyond – not sure if it does make a difference though).

I know it’s the last moment but any help and advice would be really appreciated.


PCN-Front:
https://ibb.co/GsTw2hn

PCN-Back:
https://ibb.co/JyHwgb5

Google Street view
https://ibb.co/nQWcvVy

Council Evidence Pictures:
https://ibb.co/5F62Sz8
https://ibb.co/qFsLs7Q
https://ibb.co/k8MTQWC
https://ibb.co/NxJ2sL0
https://ibb.co/wgXQ7C6

Council Video Evidence:



PS: Am I right in assuming that if I appeal within the 14 days, I would still get an option to pay the discounted price even in case of rejection?

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Re: PCN: 54J Pedestrian Zone Entry: Barking East Street
« Reply #1 on: »
Draft reps:

Dear London Borough of Barking & Dagenham,

I challenge the alleged contravention because the footage does not show my vehicle failing to comply with signage prohibiting entry or waiting to the pedestrian zone, as my vehicle was stationary outside of the zone.

I would suggest that if there was any intrusion, it was truly de-minimis.

It follows that in the circumstances of the case, the PCN should be cancelled.

Yours faithfully

I'll be surprised if the council give in that easily, but post up the rejection when you get it.
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

Re: PCN: 54J Pedestrian Zone Entry: Barking East Street
« Reply #2 on: »
Thanks,
So no need to specify any more details in terms of what I was doing over there regarding boarding/alighting etc?

I will send it out and will keep you posted.

Re: PCN: 54J Pedestrian Zone Entry: Barking East Street
« Reply #3 on: »
Pedestrian zones don't generally have a boarding / alighting exemption, so there's no reason to bring that up.
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