3. Merton PCN - 53J - driving in pedestrian zone (school streets) - Southey Road
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Re: Merton PCN - 53J - driving in pedestrian zone (school streets) - Southey Road
« Reply #15 on: »
 ???
« Last Edit: December 09, 2024, 10:22:35 pm by tobesb »
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Re: Merton PCN - 53J - driving in pedestrian zone (school streets) - Southey Road
« Reply #16 on: »
Eek. I'm submitting tonight as it's the 14th day. However, there are too many characters for the Merton PCN appeal form. Below is an edited version that has 0 characters remaining (990 characters). Finally I'm not the registered keeper but I'm assuming I submit as the registered keeper.Once again, I just want to say how thankful I am to you for your help. It's been much appreciated.Best wishes, Toby
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I challenge liability for PCN MT00119992 on the basis that the alleged contravention did not occur.

The prescribed signs directly at the entrance to Southey Road are very hard to read from a car as they face perpendicular to the road.

On revisiting I notice there is a yellow sign on the approach, but this sign is not an advance warning or prescribed sign authorised by Schedule 12 to the Traffic Signs Regulations & whose view is obstructed by a tree.

The proscribed sign does not therefore discharge the authority's duties under regulation 18 of The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996, to illustrate this point I am providing 4 photographs detailing the approach to the road & the yellow sign: https://imgur.com/a/H0ibWUN.

The following case supports the argument of the proscribed sign: Conor Costelloe v London Borough of Merton Case No. 2240078999.

In light of the above the alleged contravention did not occur and the PCN must be cancelled.
« Last Edit: December 09, 2024, 10:23:40 pm by tobesb »
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Re: Merton PCN - 53J - driving in pedestrian zone (school streets) - Southey Road
« Reply #17 on: »
Good afternoon,
I've had a Notice of Rejection from Merton Council yesterday. I've attached the letter here: https://ibb.co/album/XZwbS5

Do I now make an appeal to the Parking Adjudicator? The form was also attached to the email.

Kind regards,

Toby
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Re: Merton PCN - 53J - driving in pedestrian zone (school streets) - Southey Road
« Reply #18 on: »
Good afternoon,

I've two days left before the discount charge period is over. Is it likely that I could win by appealing to the Parking Adjudicator based on what the members have said here or would it be worth my while taking the discount charge?

Toby
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Re: Merton PCN - 53J - driving in pedestrian zone (school streets) - Southey Road
« Reply #19 on: »
For convenience



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Re: Merton PCN - 53J - driving in pedestrian zone (school streets) - Southey Road
« Reply #20 on: »
Except, of course, they cannot escape their duty adequately to sign a restriction. And that signage has to be from the traffic signs manual, not something they just think-up.

Of course it is your money not ours, and it would be something of a gamble at London Tribunals, because I'm not sure that all the adjudicators there are fully up-to-speed on signs.
« Last Edit: March 05, 2025, 02:53:01 pm by Incandescent »
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Re: Merton PCN - 53J - driving in pedestrian zone (school streets) - Southey Road
« Reply #21 on: »
Thank you Incandescent. Hippocrates mentioned a case that supports the argument of the proscribed sign: Conor Costelloe v London Borough of Merton Case No. 2240078999. But what in my view is rather markedly non-compliant is the legend "School term time" in a separate panel below the grey backed signage.

I'm rubbish at gambling. If it's 50:50 I'll probably pay. Just wondering if all are in agreement with you Incandescent?

Thank you for your help.
Toby
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Re: Merton PCN - 53J - driving in pedestrian zone (school streets) - Southey Road
« Reply #22 on: »
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But what in my view is rather markedly non-compliant is the legend "School term time" in a separate panel below the grey backed signage.
Ah ! Sorry, missed that bit. Your appeal at LT just got a whole lot stronger, so probably worth taking them to London Tribunals.
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Re: Merton PCN - 53J - driving in pedestrian zone (school streets) - Southey Road
« Reply #23 on: »
Quote from: tobesb on March 05, 2025, 05:48:06 pm
Thank you Incandescent. Hippocrates mentioned a case that supports the argument of the proscribed sign: Conor Costelloe v London Borough of Merton Case No. 2240078999. But what in my view is rather markedly non-compliant is the legend "School term time" in a separate panel below the grey backed signage.

I'm rubbish at gambling. If it's 50:50 I'll probably pay. Just wondering if all are in agreement with you Incandescent?

Thank you for your help.
Toby
If you want to join The Mugged Club, please feel free to pay it and submit to this bullying. If you want my help and accept my advice, I will represent you free of charge and pay half if I lose.
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I REGRET THAT, FOR THE PRESENT, I AM UNABLE TO TAKE ON ANY MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. THIS IS FOR BOTH PERSONAL AND LEGAL REASONS. PLEASE DO NOT PM ME UNLESS YOU HAVE POSTED YOUR THREAD ON THE FORUM AND I WILL ATTEMPT TO GIVE ADVICE.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
Re: Merton PCN - 53J - driving in pedestrian zone (school streets) - Southey Road
« Reply #24 on: »
Dear Hippocrates,

I don't feel like being a mug. I would gladly take your help and advice regarding this matter and challenge further.

What are the next steps for appealing to the parking adjudicator please?

Toby
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Re: Merton PCN - 53J - driving in pedestrian zone (school streets) - Southey Road
« Reply #25 on: »
I will PM you now with my details and I will file the appeal too. Done.
« Last Edit: March 07, 2025, 01:48:44 pm by Hippocrates »
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I REGRET THAT, FOR THE PRESENT, I AM UNABLE TO TAKE ON ANY MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. THIS IS FOR BOTH PERSONAL AND LEGAL REASONS. PLEASE DO NOT PM ME UNLESS YOU HAVE POSTED YOUR THREAD ON THE FORUM AND I WILL ATTEMPT TO GIVE ADVICE.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
Re: Merton PCN - 53J - driving in pedestrian zone (school streets) - Southey Road
« Reply #26 on: »
Adding all photos:

From their cameras





and their video:
 

My photos.
3rd Dec 2024:








Photos from 11th March 2025:








Showing 5 of the 6 signs at entry to the road.
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Re: Merton PCN - 53J - driving in pedestrian zone (school streets) - Southey Road
« Reply #27 on: »
Just to make a point. They adduced their evidence today. If I did so, or respond even today or tomorrow, the case would be automatically adjourned. So, I will ask for one anyway. Sauce for the goose, sauce for the gander. ::)
Logged
I REGRET THAT, FOR THE PRESENT, I AM UNABLE TO TAKE ON ANY MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. THIS IS FOR BOTH PERSONAL AND LEGAL REASONS. PLEASE DO NOT PM ME UNLESS YOU HAVE POSTED YOUR THREAD ON THE FORUM AND I WILL ATTEMPT TO GIVE ADVICE.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
Re: Merton PCN - 53J - driving in pedestrian zone (school streets) - Southey Road
« Reply #28 on: »
 ;D  ;D  ;D Decision tomorrow.
Logged
I REGRET THAT, FOR THE PRESENT, I AM UNABLE TO TAKE ON ANY MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. THIS IS FOR BOTH PERSONAL AND LEGAL REASONS. PLEASE DO NOT PM ME UNLESS YOU HAVE POSTED YOUR THREAD ON THE FORUM AND I WILL ATTEMPT TO GIVE ADVICE.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
Re: Merton PCN - 53J - driving in pedestrian zone (school streets) - Southey Road
« Reply #29 on: »
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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
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