Author Topic: PCN Code 53 - Entering a pedestrian zone - Brent London  (Read 3636 times)

0 Members and 82 Guests are viewing this topic.

PCN Code 53 - Entering a pedestrian zone - Brent London
« on: »
Hi everyone,

I am writing to seek any help and guidance regarding a PCN matter I encountered yesterday in Brent London.

I received a PCN for the vehicle entering a pedestrian zone. While I acknowledge the violation because of the letter, I believe the signage at the location was not clear, in the middle of the road and after a junction with Lewgars Avenue, which led to an unintentional mistake on my part. And there is no warning signage before this signage

Attached please find my letter of PCN. You may check the case via https://brent.tarantoportal.com/

Greatly appreciate any legal expertise in evaluating my situation and advising me on the best approach to handle this matter!

[ Guests cannot view attachments ]

Share on Bluesky Share on Facebook


Re: PCN Code 53 - Entering a pedestrian zone - Brent London
« Reply #1 on: »
Anyone can help please

I think I was cheated...

Location: https://maps.app.goo.gl/WAo98U1DPBGKJu5z6



[ Guests cannot view attachments ]
« Last Edit: October 04, 2023, 10:50:04 pm by jacoblo »

Re: PCN Code 53 - Entering a pedestrian zone - Brent London
« Reply #2 on: »
So in what way do you think you were cheated ?

A look at GSV shows it to be way out-of-date with the last pass of the GSV camera car on October 2012, so no good to us.  What we need to know is whether there is any advance warning of the restriction.  There is only one sign, very high up, indeed if you had your sun visor down you could well miss it. That's about all I can find for the actual contravention, but cases can be won on errors in the PCN or the traffic order establishing the restriction.
So please post-up all of the PCN including the "small print" where errors are commonplace.



Re: PCN Code 53 - Entering a pedestrian zone - Brent London
« Reply #3 on: »
There is no advance warning of the restriction, only this signage which caught me. GSV camera shows a picture at the junction between Slough Lane and Lewgars Avenue. You can find it here: https://maps.app.goo.gl/ZRPWuAZstdjfLZLZ6 . It was captured in January 2021 and the signage was at the very far end of the image.

The road limit is 30mph, which I may only have a split second to recognise the signage. But I cannot revert it as it is not turning to a slip road, it is still the same main road.

Attached please find my letter of PCN including small prints.

[ Guests cannot view attachments ]

Re: PCN Code 53 - Entering a pedestrian zone - Brent London
« Reply #4 on: »
Video:



Traffic order: The Brent (Prescribed Routes) (Pedestrian & Cycle Zone) (No. 24) Traffic Order 2022.

The sign looks clear to me, I don't see an adjudicator ruling that it is inadequate.

Here's a more up to date GSV: https://maps.app.goo.gl/ZD1PCqmiroNFTs6J7

The only thing I can suggest is make a plea for discretion and hope that they mess up the response. Do you have any meaningful mitigation to put forwards?
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

Re: PCN Code 53 - Entering a pedestrian zone - Brent London
« Reply #5 on: »
@cp8759

Could you please draft the representation for me?

I could not find any mitigation other than no advance warnings before this signage. And I did not have the intention to make the mistake as the vehicle continued the road and did not turn into a junction/slip road.

Re: PCN Code 53 - Entering a pedestrian zone - Brent London
« Reply #6 on: »
Possibly but you haven't answered my question. Do you have any meaningful mitigation to put forwards?
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

Re: PCN Code 53 - Entering a pedestrian zone - Brent London
« Reply #7 on: »
Could the sign, (there is only one), have been missed because your sunvisor was down ?

Re: PCN Code 53 - Entering a pedestrian zone - Brent London
« Reply #8 on: »
@cp8759: Possible mitigation: the time showing in my vehicle is GMT0 and is not automatically changed to British summer time. At that moment it was showing 13:51 instead of 14:51. With the wrong time 13:51, it is beyond the limitation of entering the pedestrian zone. Is it possible to use this to challenge?

@Incandescent: I have missed the signage because my sunvisor may have downed. Could it be a reason to challenge?
« Last Edit: October 06, 2023, 01:22:41 am by jacoblo »

Re: PCN Code 53 - Entering a pedestrian zone - Brent London
« Reply #9 on: »
I am concerned about these signs mounted halfway to heaven and their visibility to the motorist.  It is, however, important not to tell untruths. If your visor was down due to sun, then put this forward.

If your car clock was wrong that is your fault, unfortunately. Of course you can put this forward as mitigation, but you'rr many months beyond the day when British Summer Time comes in.

Re: PCN Code 53 - Entering a pedestrian zone - Brent London
« Reply #10 on: »
The sun would have been behind you? It's rather obvious from the shadows in the video.
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

Re: PCN Code 53 - Entering a pedestrian zone - Brent London
« Reply #11 on: »
@cp8759, can you please draft the representation for me?
Many thanks in advance.

Re: PCN Code 53 - Entering a pedestrian zone - Brent London
« Reply #12 on: »
@cp8759, can you please draft the representation for me?
Many thanks in advance.
How about you write a draft in your own words and put it on here for review? Then we can tidy it up for you.
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

Re: PCN Code 53 - Entering a pedestrian zone - Brent London
« Reply #13 on: »
The hight of the sign is a valid point where it is placed is not great as is the hight i would be bringing that to the fore

Re: PCN Code 53 - Entering a pedestrian zone - Brent London
« Reply #14 on: »
@cp8759, can you please draft the representation for me?
Many thanks in advance.
How about you write a draft in your own words and put it on here for review? Then we can tidy it up for you.


@cp8759 please advise on the drafted representation. Many thanks!!
Greatly appreciate anyone could tidy up!!

"
I am writing to formally challenge the PCN I received on 03/10/2023. I believe that there are compelling reasons to reconsider the validity of this PCN, and I wish to present my case for your review.

1. Height of Signage:  the signpost for the restriction on vehicles entering a pedestrian zone is notably taller than the surrounding signs. (attached please find the photographic evidence) This elevated height presents a safety concern for drivers. It is not at eye level, meaning I would have to take my eye off the road or have to stop to read the sign. Furthermore, to mitigate the glare from the sun, I have lowered my sun visors, inadvertently missing the sign.
I contend that the excessive height of the signpost contributes to reduced visibility. I urge to reevaluate the appropriateness of the signage's height, especially in consideration of the potential safety hazards it poses.

2. Sign Placement and No Warning: The sign is positioned in the middle of the road without prior warning. I entered the pedestrian zone unintentionally, as there was no prior indication or warning that I was approaching such a restricted zone. I visited this location again after receiving this PCN and can confirm there are no warnings. This lack of warning signs left me with no opportunity to divert to an alternative route.
I request to reevaluate this signage to ensure that drivers are adequately informed of the restrictions ahead. Without adequate warning, it is easy for drivers to inadvertently enter the prohibited area unknowingly.

3. Clock Time Discrepancy: The clock in my vehicle was set to GMT0 time and did not automatically adjust to British Summer Time. As a result, the time shown on my clock was incorrect, leading to an unintended violation of the pedestrian zone time restriction.

In light of these circumstances, I respectfully request a thorough review of this representation. Thank you for your attention to this matter. I look forward to a fair and equitable resolution.

"

[ Guests cannot view attachments ]
« Last Edit: October 07, 2023, 02:34:32 pm by jacoblo »