Author Topic: PCN Croydon, Holmesdale Road - 52J Failing to comply with a Prohibition on Certain Types of Vehicle  (Read 4271 times)

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Yes, it's totally barmy, but that doesn't get the PCN cancelled, unfortunately.  The council won't give way, so you either pay-up, or take them to London Tribunals where it would be a gamble. Councils are making millions on the back of LTNs, and until the Government take the punch bowl away, will continue doing so.

https://drive.google.com/file/d/1hbaTy9Lk5SD2H8RRgJ0m23UE9vAQAVtx/view?usp=sharing

The PCN does not specify which vehicles.  Loads of cases allowed on this point re lack of particularisation. It should say: motor vehicles after the certain vehicles.

To my eye, the image of/on the sign does not rectify this fault.
« Last Edit: March 24, 2024, 03:05:32 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

I cannot agree with Hippo the sign is a regulatory one and means no motor vehicles there is then an except buses plate so what is allowed or not is clear. But the council only evidence a sign facing away from you and that can't count. They may have pictures facing the right way but make them prove it


The Gazette notice of what appears to be the relevant Order.

https://www.thegazette.co.uk/notice/4166090

Maybe I'm dumb (probably) but I can't see Oliver Road mentioned?
It's worth asking for the full traffic order at some point.

I suspect your other PCN was for Upper Grove? -- which IS mentioned.

I cannot agree with Hippo the sign is a regulatory one and means no motor vehicles there is then an except buses plate so what is allowed or not is clear.
And >
Loads of cases allowed
Is disingenuous as far more cases were refused when the point was raised loads of times for another Croydon location.
« Last Edit: March 24, 2024, 08:40:54 pm by Neil B »

Clearly, I need to go to specsavers. Even when I augment the PCN all I see is somehting like this:  :o
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

The OP's photo shows there is no road closure at the end of Holmesdale Road so this needs investigating since the Notice indicates:-

(a) To introduce a permanent closure to all motor vehicles (with the exception of the emergency services) at the common boundary of Nos. 236 and 238 Holmesdale Road, adjacent to its junction with the south-western kerb-line of Park Road, marked by lockable bollards.

The signage in the video is in the correct location:-

(iii) Holmesdale Road opposite the south-western flank wall of No. 371 (closure point opposite the flank wall).

It's an Experimental Order which possibly expired last Friday so I wonder if this little scheme is ongoing. In other words if the traffic management reason for the restriction has lapsed why is enforcement continuing?

Hippo's point on the suffix is valid with a proviso. There is a supplement to the PCN Codes notes which states "Suffix ‘j’ identifies a contravention that can be used on highways other than red routes using CCTV. The suffix itself is not required on a PCN". Perhaps this provides the Council with wriggle room.

Mike

Thank you everyone for your comments.

Apologies for my ignorance but is the upshot that I could make reps of the basis that:

1) The evidence they have provided doesn't show the signage that I should have seen

2) The 'certain types of vehicle' on the PCN isn't specific enough

Also would I be making reps of any kind under the assumption that they will be rejected by the council but this buys me time to get the TMO and build a stronger case for possibly going to the independent adjudicator?

Links to photos and videos below:

PCN Cover Page

Council Photo 1

Council Photo 2

Council Video Footage

Signage

Warning Signage at Entrance to Road

Hopefully this is everything that is needed to see if there are any flaws. If anyone can spot any grounds for reps, please advise.


My Own POV (not that it will count for much in this appeals process):

I appreciate that I approached the regulatory signs and continued driving therefore my fault.

However, my query is: aren't prohibited zones typically a whole road or at least a significant section of road, as opposed to a small red box (dimensions: approx 1m x width of road) which you can approach from both ends of the road but cannot cross/enter?

Given that the regulatory prohibition signs are roughly 60% of the way down this stretch of road, one is not expecting to drive down here and suddenly reach a threshold (red box) that one is not permitted to cross. Would drivers who were unfamiliar with the CHN but saw the signs be expected to respond by stopping and performing a 3 point turn in the middle of the road (even more so during busy times)?

they would have missed a clear advance warning sign as a well as a dead end sign well before the illuminated prohibition signs --- really going to struggle with this at the tribunal

IF there are technical faults with the wording (or other technical faults) then you should continue to an appeal otherwise if discount is still available (?) then that may be the best option

I can see others have pointed out technical issues already

Given that the regulatory prohibition signs are roughly 60% of the way down this stretch of road, one is not expecting to drive down here and suddenly reach a threshold (red box) that one is not permitted to cross.

The advance warning signs notify drivers of the restriction ahead which should be marked by gateway signs of the type seen in the PCN. Passing these (and thereby travelling along the length of road beyond when not permitted) is the contravention. Why they're there are what they mark e.g. red box, school, hedgehog crossing point etc. is immaterial I'm afraid.

Would drivers who were unfamiliar with the CHN but saw the signs be expected to respond by stopping and performing a 3 point turn in the middle of the road (even more so during busy times)?

How they avoid being in contravention is their choice, but it is not an excuse/reason/defence to claim one had to contravene because in the driver's opinion the alternatives were too horrid contemplate.

IMO, there are issues which you could put to the authority in reps hoping that their rejection - and let's be honest, it would be-  would present you with a cast-iron procedural collateral challenge. But do not mistake matters which you could put in formal reps (at virtually no risk) with arguments which you'd be happy to put with confidence to an adjudicator knowing that the full penalty was in play.

OP-----

The video shows, you are not leaving a restricted area but entering one at 371 Holmedale Road. The signpost has restrictions on both sides because it is an entry/egress prohibition.

https://www.google.com/maps/@51.3996017,-0.0789027,3a,41y,57.71h,80.78t/data=!3m6!1e1!3m4!1s3RDJXFu_OLVROiFCFf-C1A!2e0!7i16384!8i8192?entry=ttu

Ergo I doubt you entered the restriction at Oliver Grove because you are heading in the direction of Oliver Grove.

However Oliver Grove was blocked off:-

https://www.google.com/maps/@51.3996017,-0.0789027,3a,41y,57.71h,80.78t/data=!3m6!1e1!3m4!1s3RDJXFu_OLVROiFCFf-C1A!2e0!7i16384!8i8192?entry=ttu

https://www.google.com/maps/@51.3996017,-0.0789027,3a,75y,246.33h,70.81t/data=!3m6!1e1!3m4!1s3RDJXFu_OLVROiFCFf-C1A!2e0!7i16384!8i8192?entry=ttu

But in your photo of the signage it isn't! That's why you were not given a 2nd PCN coming back through the signage. The Order spcifies entry and egress prohibitions. You exited via Oliver Grove (no bollards or planters).

So the signage doesn't indicate the entry to a "zone" and the traffic management reasons given in the Order are defunct i.e.the “Croydon Healthy Neighbourhood”.

You have at least 3 grounds for an appeal:-

1) No advance warning signs as noted by hca;

2) No protected zone--the prohibition signage has no purpose if the traffic management reasons of the Order have lapsed;

3) The suffix issue which renders the PCN null and void.


Mike
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Mick.
He has already said he now has two pcns. I suspect the other is for Upper Grove cos a mate of mine has those two as well.

The alternative route available, to reach addresses within the LTN, appears to be Whitworth Road, looking at the area map.
It's typical of other LTNs with multiple restrictions creating what is in effect a 'zone', as you say, and with only one or two ways without restriction.
But how can anyone know where the unrestricted roads are?

OP needs to submit representations online or by e-mail tomorrow latest to preserve the discount.




Hi Neil,

The map:-

https://www.croydon.gov.uk/sites/default/files/2022-08/Holmesdale-Road-Area-CHN-map.pdf

Which clearly demonstrates there is no requirement for the prohibition sign the OP went through because its slap bang in the middle of this LTN or whatever they wish to call it.

She would have gone through the access point at the junction of Park Road and Holmesdale Road and that's where the signage prohibits entry (according to the map). I cannot recall a single LTN where there is a camera placed within the "zone" rather than at an access or egress point. I would contend that "Failing to comply with a prohibition on certain types of vehicle" can only occur at an entry point.

Mike

Hi All

Thanks so much for taking the time to advise and comment.

I will be making reps today.

Just to clarify the route I took, I have annotated the attached CHN image with a purple line/arrows: Route Driven

So whilst on South Norwood Hill, I turned right into Holmesdale Road, went through the regulatory signs at 371 Holmesdale Road and then turned left into Oliver Grove (as Mick said there are no longer bollards present to prevent entry into Oliver Grove).

The Gazette notice of what appears to be the relevant Order.

https://www.thegazette.co.uk/notice/4166090

Maybe I'm dumb (probably) but I can't see Oliver Road mentioned?
It's worth asking for the full traffic order at some point.

@Neil B You're definitely not dumb, I clearly am for ending up with two PCNs, a week apart on the same road, albeit in different locations  ::)

Yes I agree, the PCN Location refers to Oliver Grove, yet the regulatory signs are not situated at/on/near Oliver Grove.

How do I request the full traffic order? Is there a particular department I would need to contact within the council?


I suspect your other PCN was for Upper Grove? -- which IS mentioned.

Yes, you are correct, my other PCN, for which I will create a separate thread, gives the Location as Holmesdale Road junction of Upper Grove
« Last Edit: March 27, 2024, 01:08:41 am by RS123 »