Author Topic: PCN 53j due to road works and diversion  (Read 367 times)

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PCN 53j due to road works and diversion
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Hello again,

I have received 53J while there was some diversions in place. I took my wife for a doctor's appointment when we found the diversion. We didn't get the PCN on the way to the doctor but on the way back. I will try and explain more in the next post with the pictures.

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Re: PCN 53j due to road works and diversion
« Reply #1 on: »
The pictures shows that the Beverley Road was closed and there was a diversion on to St Georges Road. We took that to go to the doctor as I turned left and didn't really see the sign but on the way back I saw the pedestrian signs with the time( not realizing that it was a diversion and those signs maybe "should have been covered" but I turned right on Westfield road but as I didn't know where I was going I turned left on Halbutt street(no diversion but I got confused) to go on to Oxlow Lane. I never knew that I would get a PCN so no picture of diversion but I was able to search and found lbbd page on X about the road works. Not sure if it helps but the wife is disabled and the car is also registered disabled and we have got the screenshot of Dr appointment for ecg result.

I was wondering if we can challenge this PCN. Any help would be greatly appreciated.

Thank you very very much as always.

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« Last Edit: May 22, 2025, 03:46:52 pm by mohmmad786 »

Re: PCN 53j due to road works and diversion
« Reply #2 on: »
Hello, Do you guys think that I have a chance of winning this PCN or should I pay it off?

Re: PCN 53j due to road works and diversion
« Reply #3 on: »
We always advise making a formal representation. Back later as rather busy.
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
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Re: PCN 53j due to road works and diversion
« Reply #4 on: »
Hello all, I have taken a bit of help from the tesla man and his AI lol. This is what the AI drafted for me. I was wondering if this is alright. Thank you very much in advance.



I challenge PCN BZ8183243A (vehicle: WJ05HCF), issued 21/05/2025 for a 53J contravention on Halbutt St, Dagenham, on 09/05/2025 at 15:51. The contravention did not occur due to inadequate signage. From Parsloes Ave, I saw a diversion sign on St Georges Rd directing me to Beverley Rd, closed (X post @lbbdcouncil, 30/04/2025). St Georges Rd is a pedestrian zone (TRO 2023, doc 10285), but its pedestrian signs were not covered during the diversion, misleading me to turn onto Westfield Rd, then Halbutt St. The Traffic Signs Manual (Ch. 3) requires covering such signs during diversions, breaching TSRGD 2016 (Regulation 18), invalidating enforcement (Nottingham v Bus Lane Adjudicator, 2017). My disabled vehicle (Blue Badge [Insert Number]) was returning from Tulasi Medical Practice (370 Parsloes Ave, RM9 5QP) after my wife’s ECG results appointment (evidence attached). I request CCTV footage, TMO, and signage log for St Georges Rd.
« Last Edit: May 29, 2025, 10:07:29 pm by mohmmad786 »

Re: PCN 53j due to road works and diversion
« Reply #5 on: »
They have rejected the appeal, I am copying and pasting from the email that I received when I appealed.

Case number: BZ8183243A
Vehicle registration: WJ05HCF
Contravention: 53J PEDESTRIAN ZONE (CAMERA)
Date and time of contravention: 09/05/2025 15:51

Reason for appeal: 'There was no contravention of an order or failure to comply with an indication on a sign'

Your answers:

-Question 1 : 'Would you like to give us any more information or tell us about mitigating circumstances?'
        Answer : 'Yes'
-Question 2 : 'Please explain in as much detail as possible why you think your PCN should be cancelled'
        Answer : 'The contravention did not occur due to the council’s failure to comply with statutory traffic signage duties during an official diversion. A closure of Beverley Rd (LBBD Twitter, 30/04/2025) diverted traffic onto St Georges Rd, a pedestrian zone under TRO 2023 (doc 10285). However, the mandatory pedestrian zone signs on this diversion route were not covered, misleading me and sending me onto Westfield Rd and Halbutt St. This breaches the Traffic Signs Manual (Ch. 3, paras 4.6 & 5.2) and TSRGD 2016 (Reg. 18), which require clarity and removal or covering of misleading signs. Enforcement is therefore unlawful (Nottingham v Bus Lane Adjudicator, 2017). My disabled vehicle (Blue Badge [LD4588 0 0205X1026]) was returning from Tulasi Medical after the appointment with the doctor. I request cancellation. If refused, I formally request full disclosure of St Georges Rd and Halbutt St CCTV, signage logs, and Halbutt St TMO under FOIA and common law rights.'
-Question 3 : 'Would you like to upload any other documents to support your case?'
        Answer : 'Yes'
-Question 4 : 'Please upload a copy of your supporting document(s)'
        Answer : 'Files Uploaded - 'image (1).jpg', 'PCN Road Closure X.jpg', 'nhs.online.nhsonline.jpg''



Is there any possibility of winning this PCN? Thank you very much.

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Re: PCN 53j due to road works and diversion
« Reply #6 on: »
From your account:

We didn't get the PCN on the way to the doctor but on the way back

but on the way back .....I turned right on Westfield road but as I didn't know where I was going I turned left on Halbutt street(no diversion but I got confused)


We weren't there and haven't seen the video.

In light of your account, in particular that there wasn't a diversion which caused you to pass the signs but apparently only your confusion, what do you think your argument should be if you go to adjudication?

Re: PCN 53j due to road works and diversion
« Reply #7 on: »
Hello H C Andersen, Sorry, I wasn't able to explain my point properly.

We were on Beverly road where we came across diversion which sent us on St Georges Rd(post 2, picture 1 and 2) with pedestrian zone on it at school timings.
 The council had not covered the pedestrian signs on the St Georges Rd even though there was a diversion in place. Is my argument valid that if the council had covered the signs of pedestrian zone while the diversion was in place then I would have not turned on to another street and ended up on Halbutt Street.

Re: PCN 53j due to road works and diversion
« Reply #8 on: »
Was Halbut St signed in its own right?

Re: PCN 53j due to road works and diversion
« Reply #9 on: »
Yes, it was :(

Re: PCN 53j due to road works and diversion
« Reply #10 on: »
Having looked at the video, IMO an adjudicator would find that as you slowed virtually to a stop at the double-dashed white lines then you should have seen the prohibition signs and not turned left. Adjudicators cannot apply mitigation therefore unless a solid technical challenge is viable based upon the PCN I would not recommend that you use your draft because it's too in-your-face. You want to elicit their sympathy, not p**s them off with baseless statements and demands for info. Alternatively you want them to reject with the discount still on offer and make s procedural error in the NOR.

But IMO you should at least make representations.