Author Topic: NOTICE OF REJECTION - 53C FAILING TO COMPLY...  (Read 48 times)

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NOTICE OF REJECTION - 53C FAILING TO COMPLY...
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I received a PCN (53c Failing to comply with a restriction on vehicles entering a pedestrian zone) after driving through into one of these LTN's.

Its exactly the same sign as this guy here (https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/waltham-forest-53c-failing-to-comply-with-a-restriction-on-vehicles-entering-a-p/).

I appealed to Waltham Council saying the signage was inadequate and it was rejected. There is no advanced warning signs and i am not familiar with the area. I did not see the signs at the beginning of the street as i was concentrating on oncoming traffic and potential undertaking.

I have previously tried to appeal another one of these with London Tribunals for another borough and they rejected.
Is there any precedent for appeals for these LTN pedestrian/school zones being upheld on the basis of inadequate signage? I can’t seem to find any successful examples.

The council is offering the discounted rate of £80, which I’d lose if I take it to tribunal. I’m struggling to see the point of risking £160 if signage-based appeals are almost always rejected.

Interested to hear others’ thoughts or experiences.

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Re: NOTICE OF REJECTION - 53C FAILING TO COMPLY...
« Reply #1 on: »
Each cases turns on it own facts so please post up the details.
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

Re: NOTICE OF REJECTION - 53C FAILING TO COMPLY...
« Reply #2 on: »
The problem with the requirement for signage to be 'adequate', is that it is subjective. Your 'inadequate' is a council's 'adequate'. So you have to convince an adjudicator that your view is correct. Each case turns on it own facts, there being no hard and fast rules that one can follow to prove 'inadequacy'. That said, a lot of appeals are won where the driver has to turn left or right into the restriction. At a junction, a driver must be alert to traffic and pedestrians at the junction, so without any advance warning of the restriction that alerts him not to attempt the turn, one can state the signage is 'inadequate'. HOwever, it is the adjudicator who decides, based on the civil law test of "on the balance of probabilities". That is why we always recommend appellants request a hearing at the London Tribunals, and never a decision on the papers.

Re: NOTICE OF REJECTION - 53C FAILING TO COMPLY...
« Reply #3 on: »
I understand what you are saying. In my eyes the signage is inadequate as i did not see the signs. The view from their camera would suggest the sign is obvious though.

I was turning right from High Street Leyton onto Dawlish road. I have upload the PCN, an image from their evidence and the view from the google maps showing the position of the signs. There is no advance warning sign





https://www.imagebam.com/view/ME1A5WJ0
https://www.imagebam.com/view/ME1A5WKS
https://www.imagebam.com/view/ME1A5WLN
« Last Edit: Today at 09:43:21 pm by DanUK »