Author Topic: Newham 2 x PCN 53J entering a pedestrian zone in Shaftsbury Rd E7/Lens Rd E7 and Ashley Rd E7/Dorset Rd E7  (Read 1128 times)

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Hello,

my family friend received two PCN two minutes apart for the same contravention.

Contravention: 53J - Failing to comply with a restriction on vehicles entering a pedestrian zone (camera enforcement)

1st PCN: Shaftsbury Rd E7/ Lens Rd E7 at 03/06/2024 at 14:57
2nd PCN: Ashley Rd E7 / Dorset Rd E7 at 03/06/2024 at 14:59

The family friend, who has very limited understanding of english, was looking for parking with his three young children is claiming he did not see the signs.

My family friend cannot afford to pay both PCNs.

Please could someone help

Thank you

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1st PCN video:
2nd PCN video:
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Please post the PCNs as well, with name and address blanked-out. 

How long has your friend been driving in London ? Both videos seem to show clear contravention, so does he not understand what the "Flyng Motorbike" signs mean ?

My friend has only driven in London a few times and it seems like he did not understand the signs

Please post the PCNs as well, with name and address blanked-out. 

How long has your friend been driving in London ? Both videos seem to show clear contravention, so does he not understand what the "Flyng Motorbike" signs mean ?

https://imgur.com/a/rKM6GMT

Latest GSV view for the two locations is March 2022 and the signs are not present, meaning it's a more recent restriction. So we can't see how the signs present to the motorist approaching them, or if there are any advance warning signs which could make a good case for PCN cancellaton. If you want to take the matter further, you really do need to take some photos if you want to demonstrate that the signs are inadequate or badly sited.

However we always recommend that PCN recipients submit representations even though the case may appear hopeless at first sight. I would suggest that in the absence of any compelling argument based on sign inadequacy, you submit reps on the basis of his poor knowledge of English, plus his unfamiliarity with London LTNs.  You could also say that he acknowledges his mistake and is prepared to pay one PCN but considers two PCNs for identical restrictions only some 200 yards apart is a disproportionate penalty.  You may get a result, but London councils are, unfortunately, rather venal and rapacious when it comes to income from PCN penalties.

Does your family friend own the car, and is the address on his V5 Registration Certificate for it up-to-date ?

I'd be inclined to argue that this is one continuous contravention. Both locations are within the same Healthy School Streets Shaftesbury Primary School Pedestrian and Cycle Zone. The same H20 permit is required during controlled hours.

That might get one cancelled.

@si14181997 I have requested the traffic orders for these restrictions, it's the first time we've seen them.

In the meantime there are two aspects worth considering: the continuous contravention argument suggested by Enceladus, and the strategy of last resort (which is contingent on your friend having some mitigating evidence to put to the council).

In any event you should post a draft representation on here before submitting 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

Thank you everyone for the advice.

This is the draft representation written by chatgpt:

Dear Sir/Madam,

I am writing on behalf of [Recipient's Name] to formally challenge PCNs [PCN numbers] issued on [dates].

Firstly, we would like to acknowledge the mistake made in breaching the Healthy School Streets regulations. However, there are several mitigating factors that we hope you will consider in reducing the penalties:

Language Barrier: The recipient has a limited understanding of English, which significantly contributed to the confusion regarding the street restrictions.
Unfamiliarity with Local Regulations: Being unfamiliar with Newham's Healthy School Streets scheme, the recipient was not aware of the specific requirements during the controlled hours.
Moreover, we wish to argue that this situation represents a continuous contravention rather than separate incidents. Both PCNs were issued within a short distance (200 yards) and fall under the same Healthy School Streets zone for Shaftesbury Primary School, requiring the same H20 permit.

Issuing two PCNs for what is essentially a single error seems disproportionate. Therefore, we kindly request that you consider this as one continuous contravention and reduce the penalty to one PCN.

Thank you for your understanding and consideration. The recipient is prepared to pay one of the PCNs as acknowledgment of the mistake and to comply with the regulations in the future.

Yours sincerely,

[Your Name]
On behalf of [Recipient's Name]

The 14 day discount window expires on Monday the 24th, 14 days beginning with the date of the notice.

Normally Newham will reoffer the discount if they reject representations submitted within the discount window. So try to get something submitted before 17:00pm on Monday. You can submit online.

Have you had a chance to take some pictures of the approach to the signs at both locations? In particular if you turn into the restricted streets has the driver a chance to read and absorb the signs before entering? Are there any advance warning signs? Or are the signs only facing the driver once the turn has been completed? Stuff like that demonstrates inadequate signage or the driver is committed to a manoeuvre before they can see the restriction signs.

One representation for each PCN.

For each representation cross reference the other PCN.

You can't use your name and address, the letters should have the Registered Keeper's name and address. That's the person to whom the postal PCNs were addressed. And make sure you quote the PCN numbers and vehicle reg, although you'll be asked to fill those in if you use the online system. And re-write the representation in the first person.

I'm not sure about the offer to pay one of the PCNs. If they're willing to accept that then they'll likely do it anyway. So maybe leave it off.

Perhaps change "disproportionate" to disproportionate and not in the interests of justice.

Perhaps add something contrite like "terribly sorry, an honest mistake was made, I won't do it again".

Representation for PCN PN7528443A


[Registered Keeper's Name]
[Registered Keeper's Address]
[City, Postcode]
[Date]

Dear Sir/Madam,
I am writing to formally challenge PCN PN7528443A, issued on 11/06/2024. I would like to bring to your attention several mitigating factors and request a reconsideration of the penalty.
Firstly, I must acknowledge that an honest mistake was made, for which I am terribly sorry. This error will not be repeated in the future.

Language Barrier: I have a limited understanding of English, which significantly contributed to the confusion regarding the street restrictions.
Unfamiliarity with Local Regulations: I was unfamiliar with Newham's Healthy School Streets scheme, and this lack of knowledge led to the contravention.

Additionally, I wish to cross-reference PCN PN75284881, issued shortly after the first one, within a short distance (200 yards) under the same Healthy School Streets zone for Shaftesbury Primary School, requiring the same H20 permit. I believe that receiving two PCNs for what is essentially one continuous contravention is disproportionate and not in the interests of justice.

Thank you for your understanding and consideration.

Yours sincerely,



Representation for PCN PN75284881


[Registered Keeper's Name]
[Registered Keeper's Address]
[City, Postcode]
[Date]

Dear Sir/Madam,
I am writing to formally challenge PCN PN75284881, issued on 11/06/2024. I would like to bring to your attention several mitigating factors and request a reconsideration of the penalty.

Firstly, I must acknowledge that an honest mistake was made, for which I am terribly sorry. This error will not be repeated in the future.

Language Barrier: I have a limited understanding of English, which significantly contributed to the confusion regarding the street restrictions.
Unfamiliarity with Local Regulations: I was unfamiliar with Newham's Healthy School Streets scheme, and this lack of knowledge led to the contravention.

Additionally, I wish to cross-reference PCN [First PCN Number], issued shortly before the second one, within a short distance (200 yards) under the same Healthy School Streets zone for Shaftesbury Primary School, requiring the same H20 permit. I believe that receiving two PCNs for what is essentially one continuous contravention is disproportionate and not in the interests of justice.

Thank you for your understanding and consideration.


Yours sincerely,
[Registered Keeper's Name]

The 14 day discount window expires on Monday the 24th, 14 days beginning with the date of the notice.

Normally Newham will reoffer the discount if they reject representations submitted within the discount window. So try to get something submitted before 17:00pm on Monday. You can submit online.

Have you had a chance to take some pictures of the approach to the signs at both locations? In particular if you turn into the restricted streets has the driver a chance to read and absorb the signs before entering? Are there any advance warning signs? Or are the signs only facing the driver once the turn has been completed? Stuff like that demonstrates inadequate signage or the driver is committed to a manoeuvre before they can see the restriction signs.

One representation for each PCN.

For each representation cross reference the other PCN.

You can't use your name and address, the letters should have the Registered Keeper's name and address. That's the person to whom the postal PCNs were addressed. And make sure you quote the PCN numbers and vehicle reg, although you'll be asked to fill those in if you use the online system. And re-write the representation in the first person.

I'm not sure about the offer to pay one of the PCNs. If they're willing to accept that then they'll likely do it anyway. So maybe leave it off.

Perhaps change "disproportionate" to disproportionate and not in the interests of justice.

Perhaps add something contrite like "terribly sorry, an honest mistake was made, I won't do it again".

We're not able to visit the location within the discount window, so we're hoping they accept at least one online representation

Which Representation Reason should I choose?


A

The alleged Contravention did not occur
B
I was not the owner of the vehicle at the time of contravention

As I had sold the vehicle before that date

As I had bought the vehicle after that date

As I have never owned that vehicle
C

The vehicle was taken without my consent
D

We are a hire firm and have supplied details
E

The Penalty Charge exceeds the relevant amount
F

There has been a procedural impropriety by the Enforcement Authority
G

The traffic order contravened is invalid
H

The Notice should not have been served because the Penalty Charge had already been paid
I
Other

What happens if you select 'Other'?

After "and this lack of knowledge led to the contravention." add "I have had to seek third party assistance to draft this representation owing to my limited understanding of the English language".

Select the reason as "other" and take a screenshot of the confirmation page.
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