Author Topic: Moving Violation - during Zip Car ride - inadequate signage  (Read 1977 times)

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I used a Zip car on the 3rd of May. While turning off a roundabout at 9.44pm, I was captured by a camera going in to a non-motorised turning.


I believe there was in-adequate signage for the contravention. The tree clearly blocks the sign as your turning on to the roundabout. In the dark, with no road markings, or plant pots to show that the road is only accessible via a bike, I have no clue how I was supposed to see it. The road was wide open for a car to drive down it. Normally these sort of traps are between certain hours, and during the day, so you can see them. 


My fear is that now Zip Car have paid the violation, I can no longer challenge it. Is that correct? Or is there a way around it. Zip car charge £80 for the violation, and £30 for the processing fee. An eye watering £110 for what I believe was entrapment by Lambeth Council.

@cp8759

Numberpalte: YY72ZRU
LJ32752705

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Re: Moving Violation - during Zip Car ride - inadequate signage
« Reply #1 on: »
The PCN has been paid so it is probable Zip is not transferring liability to you. They do say they don't do it for all PCNs.

Re: Moving Violation - during Zip Car ride - inadequate signage
« Reply #2 on: »
You have no standing in this matter as regards the authority, you are a legal stranger in these proceedings.

IMO, your only option is to ask Zip Car to write to the council, copy to you, authorising you to act on their behalf notwithstanding that the penalty has been paid. If you're certain of your ground you could perhaps feed them something along the lines of...

..
PCN *******
The hirer(your details) to whom we had not previously referred this issue, has contacted us subsequent to us paying the penalty and recharging them under their contract to advise that they believe that the alleged contravention did not occur.

We should be obliged if you would be prepared to consider representations in this respect made with our full authority in anticipation of which we are notifying him by copy of this letter to submit representations as soon as possible.

Regards,

Re: Moving Violation - during Zip Car ride - inadequate signage
« Reply #3 on: »
Thanks for your help. @cp8759 do you think I have a case here? I believe the signs are blocked by the overgrown trees, and I have gone to the location to take some photos and videos of the trap

Re: Moving Violation - during Zip Car ride - inadequate signage
« Reply #4 on: »
@johnsmith22 the penalty is technically nothing to do with you, as it wasn't issued to you. In theory you could litigate against Zipcar on the ground that they're unlawfully deprived you of the right to appeal, but for whatever reason we're yet to find anyone who has the stomach for going up against Zipcar in the small claims court (even though they'd scare me far less than a public authority).

So, the question is ultimately whether you up for a fight with them.
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: Moving Violation - during Zip Car ride - inadequate signage
« Reply #5 on: »
OP, IMO the longer you ponder the less chance that Zip would accede. After all, they have to make an effort.

You have nothing to lose by approaching Zip as suggested whether or not you have a winning argument.

Re: Moving Violation - during Zip Car ride - inadequate signage
« Reply #6 on: »
Thank you all for your help. I have contacted zip and they have given me an email that I can contact. How might I best word my litigation against Zip in my opening email?

Many thanks,

Re: Moving Violation - during Zip Car ride - inadequate signage
« Reply #7 on: »
Post the email.

You are NOT litigating against Zip.

Re: Moving Violation - during Zip Car ride - inadequate signage
« Reply #8 on: »
The email address is ukviolations@zipcar.co.uk. 

I'm a little bit confused by how to proceed. Could anyone clarify?

Re: Moving Violation - during Zip Car ride - inadequate signage
« Reply #9 on: »
Send what's been drafted to Zip by email and 🤞

Re: Moving Violation - during Zip Car ride - inadequate signage
« Reply #10 on: »
Sorry, I seemed to have missed what has been drafted.

What paragraph am I sending to the ZIP email?

Re: Moving Violation - during Zip Car ride - inadequate signage
« Reply #11 on: »
Reply #2

IMO, your only option is to ask Zip Car to write to the council, copy to you, authorising you to act on their behalf notwithstanding that the penalty has been paid. If you're certain of your ground you could perhaps feed them something along the lines of...

..
PCN *******
The hirer(your details) to whom we had not previously referred this issue, has contacted us subsequent to us paying the penalty and recharging them under their contract to advise that they believe that the alleged contravention did not occur.

We should be obliged if you would be prepared to consider representations in this respect made with our full authority in anticipation of which we are notifying him by copy of this letter to submit representations as soon as possible.