Author Topic: Southwark - Gibbon Rd/Hollydale Road 52m (pedestrian zone for 2 hours in the morning)  (Read 854 times)

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I was surprised to receive this PCN. I was taking smaller roads recommended by the sat nav and entered a street with a traffic prohibition between 8am and 9.15am at 8.23am.

On Google Street View the hours on the signage are 8.30am to 9.15am - this imagery is from Oct 2022 so the change must have happened in the last 12 months. Perhaps the sat nav has not yet updated this and that's why it took me on this road.

Are there any technical flaws in this PCN?

I can see that there is no space in the VRM. It is a plate A1 XYZ but in the PCN it is A1XYZ in case that makes a difference.

Can also share the video and additional info.

tyvm

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Give us the number plate and the PCN number so that we can check out the council video.

The location is here https://maps.app.goo.gl/9CGEhxrq3sLaaLLdA and I can't see any advance warning signs on Gibbon Road, I have also requested the traffic management order.
« Last Edit: September 30, 2023, 11:57:46 am by cp8759 »
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


Here's the video:



I can't see any flaws in the PCN, the best argument seems to be on signage.
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. Do you have any template letters to contest based on signage?

I'm going to request a copy of the TMO - or have you already requested it @cp8759?
« Last Edit: October 03, 2023, 01:46:54 pm by poppywho »

Just have a go at drafting something based on why you think the signage is not good, we will tidy it up for you.

Don't worry about the traffic order, I've already requested 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

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

Hi Yes I'm still here.

I appealed the PCN on the basis that the signs were not easily visible in the direction I was coming from:
--
I am making a representation on the ground that the alleged contravention did not occur, due to inadequate and confusing signage.
I was coming from Gibbon Road and Evelina Road. From my direction of travel there was no visible signage that restricted access to Hollydale Road. I only became aware of the signs when it was too late and that’s because there was no visible signage facing towards my direction of travel that indicated the left turn towards Hollydale Road was a restricted access road.

The sign is only visible to motorists already on Gibbon Rd and is therefore inadequate. Even visitors taking a right onto Hollydale Road might have more chance to see the sign as they are turning left. However when the road is clear and a car takes a left turn, there is not enough time to read these signs when travelling at the speed limit.

To illustrate my point please see attached picture evidence of the signage and roads involved.

As I was turning left, I only became aware of the signs when it was too late. I am an alert driver and had the signs been positioned correctly, I would not have driven past them. There is almost no time for an alert motorist turning left from Gibbon Road to Hollydale Road to see this sign as it is currently positioned. The council should put signs facing the direction of travel on Gibbon Road if they want to give motorists adequate notice.

--

However Southwark have rejected the appeal (attached) after a long period of no response (c. 2 months).

Unless you have any other ideas I think I will just pay it.


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« Last Edit: November 28, 2023, 12:10:39 pm by poppywho »

Have they re-offered the discount ? (you've not posted all of the rejection) letter.

Yes they have £65 if paid in 14 days

Please show us the notice of rejection in full, just redact the postal address. We need all sides of all pages please (but we don't need to see the appeal form).
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

Sure, attached here in full.

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I think you have a reasonable chance on the signage but it's not a sure thing. If you want to appeal this, I'm happy to represent you at the tribunal.
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

Hello

I've stumbled across this page as I find myself in the exact same situation and I wondered if anything came from the above?

The signs themselves clearly set out the restrictions but it's a case of when they are seen - there is no advance note of the sign when approaching from Nunhead station and, certainly in my case at least, felt it's too late to do anything by the time you actually see it. I acknowledge the letter the previous individual received in that one would be expected to slow down to check for signs, but in reality it's difficult to see these until the point in which you are turning.

I'm tempted to appeal but if the suggestion is the outcome will be the same then I'll just pay the reduced fee whilst I still have a week left to do so.

Thanks


Hello

I've stumbled across this page as I find myself in the exact same situation and I wondered if anything came from the above?

The signs themselves clearly set out the restrictions but it's a case of when they are seen - there is no advance note of the sign when approaching from Nunhead station and, certainly in my case at least, felt it's too late to do anything by the time you actually see it. I acknowledge the letter the previous individual received in that one would be expected to slow down to check for signs, but in reality it's difficult to see these until the point in which you are turning.

I'm tempted to appeal but if the suggestion is the outcome will be the same then I'll just pay the reduced fee whilst I still have a week left to do so.

Thanks
Please start your own thread with PCN and VRM 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