Author Topic: Newham - 53J Parking Zone Restriction (camera) - Gainsborough Rd E15 / Manor Rd E15  (Read 1043 times)

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Hi all,

I was looking to appeal the PCN by myself, but found this really helpful forum today and I’m looking for advice on appealing a series of PCNs I’ve received for "53J - Failing to comply with a restriction on vehicles entering a pedestrian zone (camera enforcement)."

Details of the PCNs so far:

Date & Time: 15/11/2024 at 09:02
Date & Time: 18/11/2024 at 08:52
Location for both: Gainsborough Rd E15 / Manor Rd E15



The photos of the PCNs can be found here: https://imgur.com/a/pcn-hyqyIfD

The turn into the road was used frequently recently about three times a week, and the sign was not there/visible until the PCN was received which friends and family confirm. I am worried there might be more PCNs on the way. I tried calling the council to check for any additional PCNs so I could address them all in my appeal(s), but their automated system says they cannot discuss PCNs over the phone, no matter which options I try. Emailing them appears to require 28 days for their response, but from my experience I have never received a response to any of my emails.

The key points of my appeal are that:

- I believe there were no clear signs about the pedestrian zone restriction along Manor Rd before turning into Gainsborough Rd at the time. When I checked on Google Maps, there didn’t seem to be any signage visible by the turn either. (Streetview link https://maps.app.goo.gl/t8chvY9uwZnv9WiQ9)
- On 28/11/2024, I visited the location and found a small sign positioned just before the left turn at the mini-roundabout, but it’s partly obscured by a tree and not easily noticeable (please see the video here https://imgur.com/a/vid-XQEhtUk). Another sign is located just after entering Gainsborough Rd, but by the time you’ve seen it, it’s too late to avoid the restriction.
- Genuinely had no awareness of this restriction until I received the first PCN. If there had been clear and prominent signage, then this road would have been avoided.

I have a few questions that I'd like to ask about the appeal:
- Should I include evidence like photos of the obscured signs or screenshots from Google Maps in my appeal?
- I read on another forum that it might be worth asking for "mercy" and explaining the mistake, asking to pay for one PCN as multiple PCNs is a disproportionate penalty, especially since this was unintentional and there might be multiple PCNs. Has anyone had success with this approach? https://www.mumsnet.com/talk/_chat/4865451-embarrassing-multiple-pcns-i-have-no-option-but-to-pay-do-i
- Is there a better way to check for any other outstanding PCNs so I can address them all at once apart from the phone?
- The PCN letters do not specify that appealing within 14 days will guarantee the discounted rate should the appeal be rejected, however their website mentions that appealing within 14 or 21 days will hold the discounted rate for a further 14 or 21 days from the date of their response. I've read a similar thread here that the 14 days do not matter if appealing - is this true? I would like to avoid paying the full amount if the appeals are rejected


Any advice or guidance would be greatly appreciated, especially if anyone has dealt with similar restrictions or this specific location. Thanks in advance for your help!

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There are two aspects for your case, (1) inadequate signing of the restriction, and (2) interval between the first alleged contravention and receipt of the PCN giving rise to more PCNs due to unawareness of the restriction.

Virtually all councils in London will tell you their signage is clear and adequate, but they are under a duty in the LATOR regulations, (Reg 18) to provide adequate signage. Unfortunately, like so much English law, the word "adequate" is subjective, so what you might consider totally inadequate, another person (like an adjudicator !) could consider it totally OK.

By a number of days elapsing from the first alleged ontravention, to receipt of the PCN for it, means the council merrily carry on issuing PCNs if the motorist, unaware of the restriction, carries on driving past the signs. A strong appeal argument is that with such delayed advice of the contravention, (the PCN arriving), the penalty is disproportionate. Councils will usually accept this argument, and cancel the susequent PCNs, but insist on PCN 1 being paid.

Looking at your video, I think you have a reasonable case, but adequacy of signage issues tend to end up at the adjudicators at London Tribunals, with the full PCN penalty in play. The fact is the sign is visible in your video, so it is not a clear-cut issue. You are on stronger ground with a series of PCNs for the same contravention. So you need to prepare reps which list all the PCNs, their date, and their date of receipt and point out that until the first PCN arrived you were unaware of the contravention. You are more likely to get a result on the PCNs that follow the first.

Best if your initial reps are not "heavy". Avoid being confrontational and you will probably get a result.
« Last Edit: December 03, 2024, 12:51:23 am by Incandescent »

Thank you very much for the quick reply and advice! I took your points on board and drafted an appeal focusing more on the delayed notification but also mentioning the issue with the signage.

I’ve tried to keep the tone non-confrontational as you suggested, and acknowledged the first PCN while asking for discretion on the others. Would it be possible to review the draft below and let me know if there’s anything I could improve please?

I also want to ask if I should attach the link to the video in the appeal?

Appeal draft:


Formal Representation for PCNs PN76128305, PN76141267, PN76178620

Dear Sir/Madam,

I am writing to appeal the above PCNs issued for “Failing to comply with a restriction on vehicles entering a pedestrian zone” at Gainsborough Road E15 / Manor Road E15.

The alleged contraventions occurred on the following dates:

PN76128305: 15/11/2024 at 09:02 (letter received on evening of 25/11/2024)
PN76141267: 18/11/2024 at 08:52 (letter received on evening of 28/11/2024)
PN76178620: 25/11/2024 at 08:56 (letter received on evening of 03/12/2024)

Grounds for Appeal:

While reviewing the location on 28/11/2024, I noted that the signage is not sufficiently prominent or clear to provide adequate warning to motorists. A sign at the roundabout is partly obscured by a tree, and another is positioned after entering Gainsborough Road, at which point compliance is no longer possible.

Until I received the first PCN (PN76128305), I was unaware of the pedestrian zone restriction at this location. The subsequent PCNs (PN76141267 and PN76178620) occurred during this period of unawareness, as there was no opportunity to adjust my route before being informed of the restriction.

I now understand the restriction and have taken steps to avoid this route. However, I respectfully submit that issuing multiple PCNs for the same unintentional mistake, before the driver is aware of the restriction, seems disproportionate.

I kindly ask for the cancellation of PCNs PN76141267 and PN76178620, as these occurred due to unawareness of the restriction. I am willing to pay PCN PN76128305, as I recognise this as the first notice I received and understand the restriction now.

I hope the council will consider the circumstances and the delay in notification, which prevented me from addressing the issue promptly. My intention was never to disregard traffic regulations.

Thank you for your time and understanding. I look forward to your response.

Yours faithfully,

Please hold fire as their website is pants:  One PCN here:

Enter Your Notice Details
Please refer to the 'Notice to Owner' letter for guidance when completing this online representation form.

Representation Reason

Select an option which represents your reason for challenging this notice.

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
« Last Edit: December 05, 2024, 10:12:52 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

Thank you, I’ll hold off on sending the appeal for now.

Sorry if I’m misunderstanding, but their website only allows me to select one option at a time. Your reply highlighted three of the options in red — does that mean I should submit one PCN for each of the three options?

So:

PCN 1 under option F,
PCN 2 under option G,
PCN 3 under option H?

Just want to make sure I’m doing this correctly, thank you!

Thank you, I’ll hold off on sending the appeal for now.

Sorry if I’m misunderstanding, but their website only allows me to select one option at a time. Your reply highlighted three of the options in red — does that mean I should submit one PCN for each of the three options?

So:

PCN 1 under option F,
PCN 2 under option G,
PCN 3 under option H?

Just want to make sure I’m doing this correctly, thank you!
Nope. @Hippocrates means that the grounds for challenge ground in red don't exist in and are not valid under the legislation governing the PCNs you have received, the London Local Authorities and Transport for London Act 2003. To invite you to use them is misleading and potentially prejudicial.

The red highlighted grounds apply to the Traffic Management Act 2004 parking PCNs.

Genuinely had no awareness of this restriction until I received the first PCN. If there had been clear and prominent signage, then this road would have been avoided.

There are(I'm confident) prominent signs facing you when you leave the zone, so somehow you missed these as well. Authorities often don't worry about such matters and might just consider arguments regarding the quantum of PCNs based purely on the dates of contravention and service. 

Thank you all for your continued help with this.

Today marks day 14 since I received the first PCN, and the website states that if the appeal is made within 14 days then the penalty discount of £65 will be offered. I would like to avoid paying £130 for each PCN if they get rejected.

I just want to confirm that the recommended action for me as of now is to hold off sending the appeals for now?

I understand from the sticky that it takes time to review all regulations for each PCN and there are many others on the forum that are being looked at - I don't mean to rush anyone, I am just unsure of what I should be doing (if anything) and if someone is currently looking at this?

@H C Andersen, should I adapt my draft to exclude mentioning the signage completely?

So:

Appeal draft:

Formal Representation for PCNs PN76128305, PN76141267, PN76178620

Dear Sir/Madam,

I am writing to appeal the above PCNs issued for “Failing to comply with a restriction on vehicles entering a pedestrian zone” at Gainsborough Road E15 / Manor Road E15.

The alleged contraventions occurred on the following dates:

PN76128305: 15/11/2024 at 09:02 (letter received on evening of 25/11/2024)
PN76141267: 18/11/2024 at 08:52 (letter received on evening of 28/11/2024)
PN76178620: 25/11/2024 at 08:56 (letter received on evening of 03/12/2024)

Grounds for Appeal:

While reviewing the location on 28/11/2024, I noted that the signage is not sufficiently prominent or clear to provide adequate warning to motorists. A sign at the roundabout is partly obscured by a tree, and another is positioned after entering Gainsborough Road, at which point compliance is no longer possible.

Until I received the first PCN (PN76128305), I was unaware of the pedestrian zone restriction at this location. The subsequent PCNs (PN76141267 and PN76178620) occurred during this period of unawareness, as there was no opportunity to adjust my route before being informed of the restriction.

I now understand the restriction and have taken steps to avoid this route. However, I respectfully submit that issuing multiple PCNs for the same unintentional mistake, before the driver is aware of the restriction, seems disproportionate.

I kindly ask for the cancellation of PCNs PN76141267 and PN76178620, as these occurred due to unawareness of the restriction. I am willing to pay PCN PN76128305, as I recognise this as the first notice I received and understand the restriction now.

I hope the council will consider the circumstances and the delay in notification, which prevented me from addressing the issue promptly. My intention was never to disregard traffic regulations.

Thank you for your time and understanding. I look forward to your response.

Yours faithfully,

No! I would not be willing to pay any one of them due to the website.

Say this: your website is not fit for purpose.
« Last Edit: December 09, 2024, 09:22:22 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

Oh right, thanks for explaining! I have a few follow-up questions:

1. How should I let them know this, as trying to phone them doesn't let me speak to a person or leave a message as an automated voice says that they do not discuss PCNs over the phone, and emailing them has never got a response for me. Do I appeal under the option 'Other' from the list of options in the first message from @Hippocrates?

2. About the content of the message, I'm not sure if I it's ok that direct haha, I'm worried they'll refuse to cooperate. Could you please advise me how I could structure the message to them - should it be more direct?

3. Should I include the grounds for appeal suggested by @Incandescent that with such delayed advice of the contravention, (the PCN arriving), the penalty is disproportionate? Just to have two reasons for appealing in case one of them isn't sufficient.

Thank you again for your time and help.

Draft:

Dear Newham Council,

I am writing to challenge the following PCNs issued to me: PN76128305, PN76141267, and PN76178620.

When attempting to appeal these PCNs on your website, I am presented with options for grounds of appeal that do not align with the legislation governing these PCNs, specifically the London Local Authorities and Transport for London Act 2003. The following options are listed:

    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

These grounds are not valid under the legislation applicable to the PCNs I have received and instead pertain to appeals under the Traffic Management Act 2004. Offering these options is misleading and potentially prejudicial to those trying to submit a valid challenge.

Given these issues, I would like to challenge the validity of all three PCNs on the basis that your website is not fit for purpose and has not provided a fair or lawful means to submit my appeal.

Yours faithfully,

They are refusing to give me an e mail address!
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

Hi @Hippocrates, are you trying to reach out to them on my behalf? I'm a bit confused about what is happening, where and how I should contact the council, and if the draft above is good?
Thank you!

@david They have not contested a case which was to be heard today and I have made a formal complaint to the councillor. They have made it difficult to contact their officer responsible for a bus lane PCN who, by law, must attend a hearing in this legislation when required to do so.
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

Hi @Hippocrates, do you have any updates from Newham council? It's nearly 28 days since I received my first PCN, and I will have to submit it soon.

If that is the case should I appeal using my most recent draft under the 'Other' reason on the website?

Does anyone else from the forum have any advice on what I should do, as Monday will be the 28th day since I received the first PCN and so I will have to submit an appeal?

Not sure which one of my drafts I should submit, and if I should choose the 'Other' reason for the appeal on the website.