You must have known the road was a one way road as you would have passed these signs: https://goo.gl/maps/FZx4oLY2znD9Qk7v7
Arguably the contravention should have been 29 - Failing to comply with a one-way restriction, but I'm not sure I'd risk the full penalty amount just on that.
Your best bet is to make a plea for discretion, but the mitigation would need to be compelling. Post a draft on here in the first instance.
Hi Admin
I did not leave the road as you can see by my tyres. I just reversed back.
Yes I could do that.
But reversing around a corner was never an offence I didnt do that but im just curious...
my draft
Dear Sir/Madam,
I am writing in response to the Penalty Charge Notice (PCN) referenced above, which was issued for an alleged contravention of failing to comply with a no entry restriction, captured by camera enforcement on 9th April 2023. I hereby challenge the liability of this PCN on the basis that the contravention did not occur as described.
Under section 4(1) of the London Local Authorities Act 1996, a PCN may only be served "on the basis of information provided by the use of a prescribed device." According to section 3(1) of the same Act, a prescribed device must be one prescribed under section 20(9) of the Road Traffic Offenders Act 1988 or a device specified in regulations made by the Secretary of State. Furthermore, for admissibility, the camera must be of an approved type, as stipulated in sub-paragraphs 7(2) & (3) of Schedule 1 to the Act. This means that the camera must be both prescribed and approved for it to provide admissible evidence.
I kindly request that the council provide evidence that the camera used in this instance has been approved for the purposes of paragraph 7 of Schedule 1 to the 1996 Act. It is essential to note that if the camera is not both prescribed under section 3(1) and authorised under paragraph 7 of Schedule 1, the video evidence cannot be deemed admissible in tribunal proceedings, thereby raising concerns about the validity of the alleged contravention.
In conclusion, I draw the council's attention to the significant case of Davy Duthieuw v London Borough of Ealing, which is referenced at
https://www.londontribunals.gov.uk/eat/key-cases. This case provides valuable insight into the principles involved in cases similar to mine.
Furthermore, the alleged contravention did not occur as stated. I would like to bring to your attention that at the time of the incident, I was positioned in the correct direction, and therefore, I would not have been able to observe any no entry signs that may have been present. Additionally, I was in the process of making a left turn when an unexpected incident occurred, leading to a temporary blockage of the road. It is worth noting that upon reviewing the provided footage, I can affirm that my vehicle did not cross the road markings. Specifically, my back wheels did not extend beyond the line, as supported by the evidence. This observation further emphasises that my actions did not amount to a breach of any imposed restrictions.
I appreciate your attention to this matter and kindly request that you consider the information provided in this letter. I look forward to receiving your response within the stipulated timeframe as per the regulations.
Yours sincerely,
