I received a reply on 16th August.
It's five pages but below is the main bit.
Notice of Rejection of Representations - Road Traffic Act 1991 (as amended)London Local Aut horities Acts 1990 - 2003CCTV -
Moving Traffic Cont raventions
Dear
Thank you for your recent representations made in connect ion with the issue of the above penalty charge notice (PCN).We sent you a PCN because our CCTV camera evidence shows your vehicle going where motor vehicles are not allowed.
The sign is round, white and has a red border. The sign, on each side of the carriageway, is that prescribed by Diagram 619at Item 12 in Part 2 of Schedule 3 to the Traffic Signs Regulations and General Directions 2016, as indicating ‘Motor vehiclesprohibited’. The sign is illust rated in the current edition of the Official Highway Code. In addit ion we can confirm that there areadvance warning signs prior to the locat ion warning drivers of the restrict ed rout e.
We have carefully considered what you say about the issuing and t he wording on the PCN but we have decided not to apply discretion or cancel your Penalty Charge Not ice (PCN).
Please note that navigation systems may not be up to date with the restrict ions on the ground. Whilst sat navigations maybe helpful, the onus is on the driver t o observe and interpret the signage whilst driving.
Southwark Council is satisfied that the wording on the PCN is compliant and correctly conveys the 28 day period required by law. We refer to thePCN at the section highlighted below which clearly states that,“If full payment has not been made before the end of the period of 28 days beginning with the date of service of this Notice, a Charge certificate maybe issued……”The restrict ion at this location has been in place since November 2022 and came into force 12 December 2022 and t hat wesent out warning notices from 23 March 2023 to 05 April 2023 . Penalty charge notices were then issued from 17 April 2023.The restrict ions apply at all times.The CCTV evidence shows your vehicle driving through the rest ricted rout e. It is unfortunat e t hat the driver was unfamiliarwit h the rules that were in force. Drivers are advised t o ent er the street using an alternat ive route. Whilst the Council hastaken practical measures to inform motorist s regarding t he rest rictions in addition t o placing clear signage at the locat ion, itis not unreasonable t o expect motorist s t o be vigilant and observe t he signage whilst driving on the public highway. Thesignage was unambiguous and unobscured.
15/08/202385H313
The Penalty charge amount is £130, please note t he charges for PCNs are set by cent ral government, not by us. They areset at high levels to encourage drivers t o obey the parking and driving rules and so increase t raffic flow and safety. As thecase is already at the discount amount, we cannot reduce the charge any further. However, we have increased the time youhave to pay the lower charge t o a further 14 days.The onus remains with the motorist to fully observe signs to ensure t hat road regulations are adhered at all times. SouthwarkCouncil int roduced these traffic-calming measures as part of the Street space and Low Traffic Neighbourhood (LTN)scheme. The council is using enforcement cameras to limit motor t raffic, as talks with the London Emergency Services, haveshown that camera enforcement is their clear preference over barriers.You may view a recording of the contravention online at
https://pcnevidence.southwarkparking.co.uk/pcnonline/ .The enclosed phot os help to show why your PCN was issued .....
I'll try to upload a photo shortly.
Is there any grounds that might work at appeal?
