Author Topic: PCN Brent - Kempe Rd J/W Chamberlayne Road - turnaround  (Read 743 times)

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PCN Brent - Kempe Rd J/W Chamberlayne Road - turnaround
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Hello,

Ashamed to have to return to this forum for a second time for the same road - especially when my first case was won so expertly at Tribunal by Phillip.

Google Drive: https://drive.google.com/drive/folders/1WkCj9qd4ge86gmbVtopmuJTcNph5If-x?usp=drive_link

On 29th April I did turn into Kempe Road at 15.55 (5 mins before the end of the road closure) but as I turned into the road, I saw the sign at the end of it, realised my fault and turned the car to exit the road.

On 2nd May I received the first PCN letter from the council.
I have included this in the google drive, but most notably I want to point out that only one of the pictures they have included shows my car. The first one is the car that was in front of me. I don't believe they have more than one image of my car as I turned around. The pic they have included potentially shows me going past the sign I suppose, but I think that was done in my effort to do my three point turn. I am possibly not the most contained with this.

I appealed the PCN stating:
Hello, I acknowledge that I briefly turned into the road at the time stated, but I immediately realised my mistake and turned the car around to exit the road without continuing into the pedestrian zone. The images provided with the PCN appear to show a vehicle that was ahead of mine, with only one image showing my car. I respectfully request that you review the CCTV footage, as it will confirm that my vehicle did not proceed through the pedestrian zone but instead exited promptly upon recognising the restriction. Given these circumstances, I kindly ask for the PCN to be cancelled. Thank you for your time and consideration.

Then on 7th August they sent their response, also included in the google drive, which rejects my appeal and states that having carefully considered all evidence the contravention did occur. It specifically says "Your vehicle was observed on 29/04/2025 at 15.55 hours...
but then the pictures they have included are now all of the other car, and not mine.

I suppose I don't know whether I should be "done" for this contravention by the very fact of turning into the road, but the road sign is set back from the entrance, so there is a little space for one to realise their error. I had hoped they would cancel it on the basis that I turned around, and they don't have CCTV of me driving up the road.

What do you think? Should I go to tribunal?

Thank you.

Krissi

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Re: PCN Brent - Kempe Rd J/W Chamberlayne Road - turnaround
« Reply #1 on: »
In have had to request access and it says an e mail will be sent to my other e mail account. You can always e mail the documents. All we need is the PCN and VRM details and the PCN of course to check for errors.
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: PCN Brent - Kempe Rd J/W Chamberlayne Road - turnaround
« Reply #2 on: »
Apologies, I hadn't opened the access. It should work now. Thank you.

Re: PCN Brent - Kempe Rd J/W Chamberlayne Road - turnaround
« Reply #3 on: »
I will do a novel technical appeal draft later. And I will look at the video too.

The PCN is missing vital information for it to be clear.


I make this collateral challenge against the validity of the PCN as it is missing mandatory information as provided at Para. 4 (8 ) (v) of https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted

(v)that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable.

Clearly, this refers to Para. 4 (8 ) (iii):


(iii)that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;


Therefore, it follows that the statement: If you fail to pay the Penalty Charge or make representations before the end of a period of 28 days beginning with the date of service of this notice an increased charge of £240 may be payable. adds to the lack of clarity by its omission. Even on its own, whether the required information was included or not, it is also arguable that it conflates the two periods using the word "or" which many would view as being conjunctive. Furthermore, even if the statement were to be interpreted disjunctively, there is still no clarity due to the missing information.

*****

This will be tested at the end of the month. Part of it has already in a case v Hounslow which contained below.

Discussion here:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/

****

I have now looked at the video. Why didn't you say the right hand sign was covered by foliage?  Anyway, I say Tribunal time and am happy to do the job. Glad you are watching!
« Last Edit: August 11, 2025, 09:44:01 pm by Hippocrates »
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: PCN Brent - Kempe Rd J/W Chamberlayne Road - turnaround
« Reply #4 on: »
Amazing, thank you so much.

I suppose I just thought they would let me off on the basis I turned around - but I do see from the video that I officially went past the signs. If you think it's worth a shot at Tribunal based on the wording and incomplete evidence, I will happily take you up on the offer!

Please let me know what you need from me to proceed?

Thanks!
Krissi

Re: PCN Brent - Kempe Rd J/W Chamberlayne Road - turnaround
« Reply #5 on: »
I'll send you an e mail.
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: PCN Brent - Kempe Rd J/W Chamberlayne Road - turnaround
« Reply #6 on: »
DNCed. ;D

I reiterated the wrong car in the NOR, the sign being obscured by a tree and added my technical argument re missing mandatory information on the PCN and its resultant effect on its clarity.

The law around costs should really be relaxed/changed. This is yet another example of a council pushing an appellant to the limit in order to extract their monies. At least we cost them the price of the appeal.
« Last Edit: September 13, 2025, 09:57:35 am by Hippocrates »
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