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Hi,

I hope you can help with this issue.

My father received a PCN from Newham Council for a 51j contravention - failing to comply with a no entry restriction (camera enforcement).

Although he did pass through the no entry sign and the wrong way on a one-way street, this was because the police had cordoned off Rixsen Road (just before the Berkeley Road junction) due to an incident where someone was apparently attempting to commit suicide by jumping off a building. As a result, there was no other way out, and the police advised him to go back the way he came from Stanley Road. He was not the only one; several other vehicles were also directed to do the same.

Please see below for the PCN received:














Please see the screenshot below from Google Maps, which illustrates that there was no other way out. I have marked the location where the police had cordoned off the road.





Although the images may not be entirely clear, I have some photos taken at the scene that show the police had cordoned off the road. Please see below:











I would appreciate your advice on how to proceed with this matter.


Thanks

Hi. I'm not sure if I did something wrong, but I haven't received a response yet.

Volunteers with busy lives + bank holiday weekend.....

Can you get a statement from the relevant police station?

.

As a result, there was no other way out, and the police advised him to go back the way he came from Stanley Road.

Acting on the directions of a police constable in uniform is a statutory exemption for most road traffic offences.

In the bowels of the met (and possibly in local media traffic reports) there will bew a record of the suicide attempt and the emergency road closure. Try starting with the police station local to the incident, or exploring the Met's website.
https://www.met.police.uk/
especially
https://www.met.police.uk/rqo/request/ri/request-information/
and
https://www.met.police.uk/rqo/request/
and
https://www.met.police.uk/foi-ai/af/accessing-information/


As acting under police direction is a statutory defence, I would suggest that the Met have a duty to release the information to your father or yourself acting on his behalf.

Thanks for your help once again CP.

I've done a freedom of information request with police but have been advised it can take upto 20 working days for a response.

Meanwhile will send off the template you've provided and keep a screenshot of confirmation page.

Many Thanks

If you can look on Newham's website to see the PCN log, it should show when your reps arrived, and when the Charge Certificate was issued. Reps need to be received within the 28 days allowed. Whilst they can accept late submissions, they don't have to.

I submitted the below representations to Newham Council on 28th May 2024, I received a confirmation from Newham council via email with a reference number for the representations I submitted, please see screenshot below:

REPS SUBMITTED

Dear London Borough of Newham,

I am writing to formally contest the Penalty Charge Notice PN75178727, which was issued to my vehicle NA67MDK on 14/05/2024 at 15:26 for allegedly failing to comply with a no entry restriction (contravention 51J) on Stanley Road E12 / Rixsen Road E12.

I accept I drove through the no entry signs, but this is because I was directed to do so by a police constable in uniform. On the specified date and time, the police had cordoned off Rixsen Road (just before the Berkeley Road junction) due to a critical incident involving a suicidal person. As a result there was no other way out, and the police directed me to go through the no entry restriction so that I could exit the area safely as there was no alternative route available. I was not the only one; several other vehicles were also directed to do the same and I'm sure your records will reflect this. As I am sure you will appreciate, failure to comply with the direction of a police constable in uniform is a criminal offence.

Given the circumstances and the fact that my actions were guided by the police, I believe that the issuance of this PCN was unjust. I am attaching evidence to support my claim, including:

1. Several photos taken at the time showing the police had cordoned off Rixsen Road E12.

2. A statement from a witnesses present at the scene.

I respectfully request that the PCN be cancelled. My actions were taken in compliance with police directions, ensuring the safety of myself and others during an emergency.

Thank you for your understanding and consideration. I look forward to your prompt and favorable response to this appeal.

Yours Faithfully,


Also the below witness statement was submitted along with the pictures in the above post:

**Witness Statement**
I, Name Removed, of (Door no removed) Rixsen Road, London, E12 6RN, make the following statement:
On the 14th of May, 2024, at approximately 15:26, there was a police incident on Rixsen Road, E12. The road was cordoned off with police tape, and access was restricted due to the nature of the incident.
As a result of the cordon, there was no other way for residents and drivers to exit the area. Police officers present at the scene instructed all drivers and pedestrians, including myself, to leave the area via Stanley Road.
This statement is true to the best of my knowledge and belief.
Signed,
Name and personal details removed
27/05/2024

I received a confirmation email from Newham council in regards to my representation on 28th May 2024. Please see below:




Furthermore I also tried contacting the police as advised above to get further evidence however unfortunately Police were not very helpful. I also sent the below letter to Superintendent Dan Card, North East Borough Commander to Stratford Police Station end of May and have still not received any response.

---START---
Dear Superintendent Card,

On 14 May 2024 at approximately 3:20 pm there was a police incident on Warwick Road, E12 6QP. As a result the police cordoned off Rixsen Road, E12. At the time of this incident, I was in my car and unable to exit the area. Uniformed police officers instructed me to leave by driving up Stanley Road, going the wrong way on the one-way street. Consequently, I received a penalty charge notice from Newham Council, which I am currently contesting.

I would be grateful if you could provide me with confirmation that there was an incident in the area and the police had cordoned off Rixsen Road, E12, so I can use it to support my appeal.

I do not need any details about the nature of the incident nor do I require any personal information, and I am not asking for anything that wouldn't have been visible to any member of the public who happened to be walking by.

I do not have an email address for you but if would like to to respond by email, my address is (removed)

Yours sincerely,
---END---

Go onto the Newham website to see if there is an event log for your PCN. It should show receipt of reps, then a response, then the CHarge Certificate. You could also ring them up to query the CC in view of your submitting representations. If they prove adamant, you will have to wait for them to register the debt at the Traffic Enforcement Centre, and then submit a Statutuory Declaration that you submitted reps but did not receive a letter of rejection.

I went to Newham website and clicked on view PCN. I can only see pictures and video footage. Cannot see any log anywhere.

Newham don't show any case progression history online.

You cannot challenge a Charge Certificate. So you need to sit tight and wait for the next stage which is the Order of Recovery.

Keep an eye on the PCN on the Newham site. Check once a week. The PCN currently sits at the Charge Certificate amount of £195. When you see the amount outstanding increases to £205, an increase of £10 from where it is now, that means that the debt has been registered with the Traffic Enforcement Centre (TEC) at Northampton County Court. You or rather the Registered Keeper of the car can then submit a Statutory Declaration to the TEC. Tick just one box, the one that says "I made representations about the penalty charge to the local authority concerned within 28 days of the service of the Notice to Owner/Enforcement Notice/Penalty Charge Notice, but did not receive a rejection notice". The TEC will order the OfR revoked and the Charge Cert cancelled.

This puts you back to the PCN stage and the matter will be referred to the Independent Adjudicator at the London Tribunals for direction on how to proceed. You can then appeal to the Adjudicator.

PE3 Statutory Declaration form here.

For the purposes of these forms you are the Respondent and Newham Council is the Applicant. The SD needs to be signed in front os a Witness. This can be done free of charge at any convenient County Court. You'll have to phone and make an appointment. A Solicitor or a Magistrate will charge circa £10.

You cannot submit the SD until the OfR has been issued. The OfR will be posted to you and the blank SD will be enclosed. But you don't have to wait for it to arrive. The amount outstanding increasing to £205 tells you the PCN has progressed to the OfR srage.