Author Topic: Merton 52J Prohibition on Certain Types Of Vehicle LTN ABBEY ROAD JW HIGH PATH  (Read 269 times)

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Was away visiting family for Christmas until this evening, nice PCN on doormat when I got back.







Not driven in that area for a couple of years, used to be a regular user of this road, I see from other posts that this is a recent restriction.

14 days ends Monday 5th, pretty sure I won't be able to get back to PCN location before Monday 5th to check signs or get photos.

Anyone have any thoughts for a representation?

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Ah yes, the one you don't see until you are on it and it's too late to do anything about it !

GSV is too out-of-date at the site, but if you got to High Path from the turn in from Meruntun Way, there is this sign, did you not notice it, plus the blue sign alongside it:-
https://maps.app.goo.gl/Dmdncgc8wXhU65o76

I'm not sure how the other threads have got on. There might be a 'technical' appeal based on Merton mismanagement of the enforcement process, so wait and see if 'Hippocrates' posts here. Such appeals are inevitably dealt with at London Tribunals with the full PCN penalty in play. Nothing to pay if you win, of course, and there are no additional costs just the PCN penalty if you lose.



1. The PCN does not particularise which vehicles. e.g. were you driving a jet ski? *

2. Their website.

3. The PCN validity as per my first link in my profile.

Back later with a draft.

*
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/parsons-mead-croydon-by-gardeners-road-52j-failing-to-comply-with-a-prohibition-/msg96885/#msg96885

Also, best to see the other page of the PCN too please.

Lastly, please do not hand over your card to these wombles.
« Last Edit: January 04, 2026, 12:25:37 pm by Hippocrates »
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

Ah yes, the one you don't see until you are on it and it's too late to do anything about it !

GSV is too out-of-date at the site, but if you got to High Path from the turn in from Meruntun Way, there is this sign, did you not notice it, plus the blue sign alongside it:-
https://maps.app.goo.gl/Dmdncgc8wXhU65o76

I'm not sure how the other threads have got on. There might be a 'technical' appeal based on Merton mismanagement of the enforcement process, so wait and see if 'Hippocrates' posts here. Such appeals are inevitably dealt with at London Tribunals with the full PCN penalty in play. Nothing to pay if you win, of course, and there are no additional costs just the PCN penalty if you lose.

If the yellow "closed" and blue "no-through-road" signs were present as per your pic then I would have seen and read them, I would have had no idea what roads were Abbey or Pincott though, there are plety other roads in there between Merton High St and Merantun Way (been looking athet gmaps, know all the road names now!). My reasons for using this road in the past were when visiting Harris Academy School, never needed to be aware of the road names in the area. I can only suppose my brain would have been thinking "yellow closed road = contruction, hope it's not the road I want to use" and "the road I going down isn't a cul de sac, should be OK" (which sort of begs the question, why aren't there bollards to make a cul de sac?).

Are either of these signs advance warning of vehicle-type restrictions?

1. The PCN does not particularise which vehicles. e.g. were you driving a jet ski? *

2. Their website.

3. The PCN validity as per my first link in my profile.

Back later with a draft.

*
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/parsons-mead-croydon-by-gardeners-road-52j-failing-to-comply-with-a-prohibition-/msg96885/#msg96885

Also, best to see the other page of the PCN too please.

Lastly, please do not hand over your card to these wombles.

I received one page, two sided print as per my original post.

Should there be more?

(thanks for offering a draft!)

Save this for later via your own screenshot as the bits in red are wrong.

Representation Grounds*
What are the reasons (grounds) for your challenge? Select all that apply. You can provide more information on the next screen.

Any other ground

I was not the owner of the vehicle

Procedural impropriety

The contravention did not occur

The order was invalid

The PCN has been paid

The penalty charge exceeded the amount

The vehicle was taken without my consent

We are a hire firm

***************

Draft:

1. The PCN does not particularise which vehicles therefore does not establish any grounds for the alleged contravention to have taken place.

2. Similarly, neither does the video support your allegation.

3. The PCN is missing mandatory information as provided at Para. 4 (8 ) (v) of


https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted

(v)that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable.


Clearly, this refers to Para. 4 (8 ) (iii):

(iii)that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;

Therefore, it follows that the statement: "If you fail to pay the Penalty Charge or make representations before the end of a period of 28 days beginning with the date of service of this notice an increased charge of £240 may be payable” adds to the lack of clarity by its omission. Even on its own, whether the required information was included or not, it is also arguable that it conflates the two periods using the word "or" which many would view as being conjunctive. Furthermore, even if the statement were to be interpreted disjunctively, there is still no clarity due to the missing information. So, it follows that it cannot possibly be interpreted disjunctively.

In light of the above, please cancel the PCN.

*************

Put into a pdf
« Last Edit: January 04, 2026, 02:37:05 pm by Hippocrates »
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

Ah yes, the one you don't see until you are on it and it's too late to do anything about it !

GSV is too out-of-date at the site, but if you got to High Path from the turn in from Meruntun Way, there is this sign, did you not notice it, plus the blue sign alongside it:-
https://maps.app.goo.gl/Dmdncgc8wXhU65o76

I'm not sure how the other threads have got on. There might be a 'technical' appeal based on Merton mismanagement of the enforcement process, so wait and see if 'Hippocrates' posts here. Such appeals are inevitably dealt with at London Tribunals with the full PCN penalty in play. Nothing to pay if you win, of course, and there are no additional costs just the PCN penalty if you lose.

If the yellow "closed" and blue "no-through-road" signs were present as per your pic then I would have seen and read them, I would have had no idea what roads were Abbey or Pincott though, there are plety other roads in there between Merton High St and Merantun Way (been looking athet gmaps, know all the road names now!). My reasons for using this road in the past were when visiting Harris Academy School, never needed to be aware of the road names in the area. I can only suppose my brain would have been thinking "yellow closed road = contruction, hope it's not the road I want to use" and "the road I going down isn't a cul de sac, should be OK" (which sort of begs the question, why aren't there bollards to make a cul de sac?).

Are either of these signs advance warning of vehicle-type restrictions?
Well, yes, what else could they mean ? The main sign shows the road to the right is a cul-de-sac, and also that a left turn shortly after you turn has a width restriction. The other sign just expands on that information. Frankly, I see little to form a robust appeal on signs defects; you're probably better going with Hippocrates suggestion. This is unless you can take some photos as you approach the restriction to see if there are any advance warnings apart from those discussed above.

This is very simple:  let them prove their case. I would not bother doing it for them. In fact, if you did, this would prejudice your defence.
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r