Author Topic: PCN (Barking & Dag' Council): 54J Pedestrian Zone Entry (East Street, Barking)  (Read 1024 times)

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Hey folks,

I received a PCN from Barking & Dagenham Council last week, apparently for a 54J violation (54J Failing to comply with a restriction on vehicles entering and waiting in a pedestrian zone (Camera Enforcement))

I've attached the PCN letter below. It was issued 29/08/2025 apparently, so I have 4 days till the 14-day discount period ends. As for the nature of my vehicle entry, I haven't pulled the CCTV images from the council's website just yet, but only because I have dashcam footage of the incident myself. I've attached this below, and the PCN also has screenshots of the CCTV.

I would really appreciate any suggestions you have on how to appeal this.

Not that its relevant in such scenarios, since it doesn't usually lead to overturns, but I can let you know why I found myself in this position in the first place. I knew I had to take a left from the road I was on, and I mixed it up with the road before my actual left turn.
Still, the position of the signs made it such that I only realised I was in a pedestrian zone after having entered. To see what I'm referring to, you can watch the dashcam footage and Google Streetview screenshot below.

The sign close to me is not readable until up close (due to the direction it faces), and even then is in a blindspot (blocked by the left A-pillar). The sign far from me is blocked by a large van unloading (dashcam can see it just a little since the cam sits to my left).

Anyways, after taking the turn, it was pretty obvious that it was not my intended road, so I 3-point turned out of there (all recorded on dashcam). I had a feeling they would most likely send a PCN and lo and behold.

PCN: Page 1,2
https://drive.google.com/file/d/1O2yNzTt-IYO7RqGFLmrgEwadT0en8txI/view?usp=sharing
https://drive.google.com/file/d/1W9-1a3f2kAwDG0xaqqzHJ85ExgYddbad/view?usp=sharing

Google Streetview
https://maps.app.goo.gl/wM7kjVRYPDkfTnra8

Dashcam Footage

https://drive.google.com/file/d/11_xeaWY_5BcTBQd3AfFjHhl7EhjvERUp/view

I've done a bit of reading on similar PCNs people posted on this forum, but I'm still not fully sure which road to take in the appeal logic. I could mention signage, but I'm not too sure of its strength. I could use 'de minimis' since I never turned off the engine and was out of there as quick as I entered. A unique one I saw suggested using the 'Taken without consent' ground. Since I was driving and am insured, but the car is registered to a relative, and thus the letter addressed to them, the TWOC ground seemed interesting to me.

I would appreciate any tips you have on how to word the appeal, since I've not drafted something like this before.

Thanks all!
« Last Edit: September 09, 2025, 12:21:15 am by rustypeugeot »

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Well, firstly the advance sign is not a traffic sign and is also ridiculously small; how a motorist is expected to read that text on the move is beyond me. The council should have erected a geographical-type diagram showing the junction ahead with the Flying Motorbike symbol on it plus whatever the restricted hours are.
So you have an argument that the signage does not meet the requirement for "adequacy" as per Regulation 19 of The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996
https://www.legislation.gov.uk/uksi/1996/2489/regulation/18

The downside of this argument, is that there is no definition of "adequate"; your inadequate is, naturally, the council's "adequate" so your reps will be rejected leaving you to either pay or take them to London Tribunals to see if the adjudicator agrees with you or the council. Advance signs for a barred left turn are of greater importance than for a right turn, because the signs are only seen when the turn is commenced. What is a motorist to do, jam on the brakes and cause an accident ?

There may be other points you can put in your representations, incl a technical appeal based on B & D mismanagement of the enforcement process, so don't miss the deadline, but wait a bit before submitting reps. I suggest you start a draft with the above, and see if others suggest adding to it.


Good afternoon,

Thanks a lot for your advice on how to proceed. I do agree that I can wait a while before I submit reps, in case someone else on the forum kindly puts forward more valid points I could include. However, since the discount period ends in 3 days, I was wondering if B&D Council is known to re-offer the discount or just the full amount, upon rejection of the appeal. Anyone heard about this?

Not that I would want to take either option let's be honest, but like I mentioned, since the car is registered to a relative and I was the (insured and consented) driver, they're uncomfortable about taking it to Tribunals.

Would it benefit, or do harm to, my appeal to if I informed them that the PCN recipient was not the driver at that time? I was seeing the TWOC grounds on some of the forum posts but I'm not sure if I can use it given the way this PCN was worded (see page 2 of PCN)


Quote
since the car is registered to a relative and I was the (insured and consented) driver, they're uncomfortable about taking it to Tribunals.

So how did you receive the PCN ? Was it passed on to you by the owner ? Under the legislation, the driver is of no consequence, because it makes the owner, assumed as the keeper on the V5, responsible for payment or appeals.  The owner can authorise you to act for them right up to adjudication, but remains responsible for payment if appeals are lost.

Aahhh I see, if I can act for them up to that stage then it's not really an issue. Thanks for clarifying.

I live with my relative so the PCN arrived at our shared address, just addressed to them, since they're keeper of the V5. I'm handling the appeals process, with their permission, simply on the condition that they don't have to turn up to a physical Tribunal, and if there's a penalty at the end I'll pay it myself.

As for the TWOC ground, I guess that only works if the appeal is coming from the keeper themselves, so me declaring myself a nominee probably nullifies that.

There may be other points you can put in your representations, incl a technical appeal based on B & D mismanagement of the enforcement process
By the way, could you please explain how I could include this in the draft? What exactly should I accuse them of with regards to their mismanagement? Don't get me wrong I could probably name 10 things right now, but I mean which of them holds the most strength. Is it perhaps the fact that they're penalising me for minimal entry (de minimis) or did you have something else in mind?

Any other forum members reading this, I'd appreciate all your thoughts also 🙏🙏 anything you feel I may be able to use in my appeal let me know!

"Technical" appeals are a forte of Hippocrates, who posts advice here regularly. Hopefully he'll see this thread, but it's not necessarily a Magic Bullet, but I'll let him explain.
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Quote
simply on the condition that they don't have to turn up to a physical Tribunal

When it comes to it, always opt for a personal hearing, which these days means by telephone or video link, rather than a decision on papers.

Hey all,

Since I'm (apparently) more likely to be offered a discount upon rejection if I appeal within the 14-day period, I went ahead and submitted my challenge. Unfortunately, BnD Council only allow 1000 characters so I definitely took some help (you know..) to compress it down.
They've even got 5MB limits on their attachments, which can only be jpgs or pdfs. Basically doing everything to slow you down. Even keeps the 'Pay Now' button right at the start of the menu, regardless of which step of the challenge you're filling out. Anyways, here's what I submitted:

Dashcam shows entry 10:51:59–10:52:51 (BST to GMT offset), only 52 secs inside zone. Driver (authorised and insured) turned in error, realised immediately and carried out a safe 3-point turn. No waiting, no unloading, engine running (brief auto start/stop only, car-computer). Signs were not adequately visible: nearside hidden by vehicle A-pillar plus a wide roadside pillar on pavement; offside blocked by unloading van. Advance warning signage was entirely absent, so restriction only apparent when already committed to turn. Council CCTV stills confirm vehicle already manoeuvring to exit. Grounds: (1) inadequate/obstructed signage contrary to Reg 18 of 1996 Regs, (2) de minimis – brief inadvertent entry with immediate exit, no obstruction or risk to pedestrians. Evidence uploaded: dashcam video/stills, Streetview (Sep 2024), council stills and photo of roadside pillar. Keeper respectfully requests cancellation; if rejected, please confirm discounted rate will be re-offered.

Here's the files I attached as 'evidence/documents'

Sequence of stills showing 3 point turn and exit

Signage& obstruction evidence

Let me know what you guys think, any changes you would have done, or points you would add to reps if(when LOL) this gets rejected? Tbh I would have liked to wait a bit longer for people's ideas to drop on the forum, but between the 14-day period expiring and the forum post drying up a bit, I thought I should just send it off.

"Technical" appeals are a forte of Hippocrates, who posts advice here regularly. Hopefully he'll see this thread, but it's not necessarily a Magic Bullet, but I'll let him explain.
I hope he does eventually, would love to hear how he'd frame the Reps

When it comes to it, always opt for a personal hearing, which these days means by telephone or video link, rather than a decision on papers.
Absolutely, appreciate the good advice