3. PCN / Haringey Council / 52(M) Failing to comply with a prohibition on certain types of vehicle
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PCN / Haringey Council / 52(M) Failing to comply with a prohibition on certain types of vehicle
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Hi guys. Hope this is in the right place of the forum...


I got this PCN through today - date of notice 30/10

52(M) Failing to comply with a prohibition on certain types of vehicle (motor vehicles)
The vehicle was seen in: Downhills Park Road N17 (Walpole Road Eastbound) (X3A) At: 10:17 On: 15/10/2023
This alleged contravention was seen and recorded by an unattended road side camera Ua132 at the time stated.


I have no recollection of being on a road outside my normal routes, but the zoomed and heavily altered image puts my car reg there. regardless, have i just wondered into a no vehicle zone there?  Is there anything i can do?

any help or guidance always appreciated

thank you all, as ever.

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Re: PCN / Haringey Council / 52(M) Failing to comply with a prohibition on certain types of vehicle
« Reply #1 on: »
Please read the guidance here on posting images, and then post up all sides of all pages of the PCN.
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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 / Haringey Council / 52(M) Failing to comply with a prohibition on certain types of vehicle
« Reply #2 on: »
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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 / Haringey Council / 52(M) Failing to comply with a prohibition on certain types of vehicle
« Reply #3 on: »
Quote
I have no recollection of being on a road outside my normal routes, but the zoomed and heavily altered image puts my car reg there.
But is it your car ? You seem doubtful as to how you came to be driving along this street. It could be a numberplate misread.
Their sole evidence of the alleged contravention is a video, so you and we need to see it to make sure it really is your car.

By the way, as I posted on Pepipoo, you seem to not know the meaning of the signs, so you need to get rapidly up-to-speed on these particular signs that are proliferating all over London. They are the equal of "No Entry" signs for a normal motorist.
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Re: PCN / Haringey Council / 52(M) Failing to comply with a prohibition on certain types of vehicle
« Reply #4 on: »
Quote from: Incandescent on November 02, 2023, 01:04:40 am
Quote
I have no recollection of being on a road outside my normal routes, but the zoomed and heavily altered image puts my car reg there.
But is it your car ? You seem doubtful as to how you came to be driving along this street. It could be a numberplate misread.
Their sole evidence of the alleged contravention is a video, so you and we need to see it to make sure it really is your car.

By the way, as I posted on Pepipoo, you seem to not know the meaning of the signs, so you need to get rapidly up-to-speed on these particular signs that are proliferating all over London. They are the equal of "No Entry" signs for a normal motorist.

Well there's a further photo of the number plate which is mine, they upped the contrast etc and zoomed in, so it's heavily altered to show the number plate which is mine.  It's less that I can't read signs, and more that any roads I might've used that day I've used as far back as i can remember, hence my surprise at receiving a notice through.  If something has recently changed on that road I might not have noticed, I'm unsure.  Will post the full PCN in a sec.
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Re: PCN / Haringey Council / 52(M) Failing to comply with a prohibition on certain types of vehicle
« Reply #5 on: »
Quote
Well there's a further photo of the number plate which is mine, they upped the contrast etc and zoomed in, so it's heavily altered to show the number plate which is mine.

We still need to see all sides of the PCN (only redact your name & address), all the council photos (including this one) and a GSV link to the location. Please read
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
for guidance.
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Re: PCN / Haringey Council / 52(M) Failing to comply with a prohibition on certain types of vehicle
« Reply #6 on: »
PCN attached hopefully



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Re: PCN / Haringey Council / 52(M) Failing to comply with a prohibition on certain types of vehicle
« Reply #7 on: »
Quote from: cp8759 on November 02, 2023, 12:23:06 am
The Haringey (Moving Traffic Restrictions) (No.14) Experimental Order 2023.

i see in that doc:  Schedule 3 – Prohibition of Motor Vehicles except for local buses and permit holder ‘X3A’ (see article
20(c))
Road Location
Downhills Park Road N17 at a point 20.5 metres east of the eastern kerb line of Walpole Road, east for
43.5 metres.

That might be the spot, unsure. So they've made changes to the roads and I've not clocked it?

if this is the case, is there anything i can do to fight it? 
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Re: PCN / Haringey Council / 52(M) Failing to comply with a prohibition on certain types of vehicle
« Reply #8 on: »
post the PCN right way up I think there is a flaw but can't be sure until i can read it properly
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Re: PCN / Haringey Council / 52(M) Failing to comply with a prohibition on certain types of vehicle
« Reply #9 on: »
trying again




« Last Edit: November 04, 2023, 08:15:38 pm by cp8759 »
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Re: PCN / Haringey Council / 52(M) Failing to comply with a prohibition on certain types of vehicle
« Reply #10 on: »
swooph I've fixed your post above.

Pastmybest I can see what you mean, I agree and I'll let you explain.
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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 / Haringey Council / 52(M) Failing to comply with a prohibition on certain types of vehicle
« Reply #11 on: »
Not sure why i had trouble with the images, i followed the steps.

appreciate it thank you. 
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Re: PCN / Haringey Council / 52(M) Failing to comply with a prohibition on certain types of vehicle
« Reply #12 on: »
The PCN says that if the PCN is not paid before the end of 28 days beginning with the date of the notice in this case this would be the 26th of November.

The regulations dictate that they may serve a PCN 28 days beginning with the date of service of the notice in this case the 28th of November 2 days later this error will render the PCN unenforceable but you will have to take it to the tribunal
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Re: PCN / Haringey Council / 52(M) Failing to comply with a prohibition on certain types of vehicle
« Reply #13 on: »
Quote from: Pastmybest on November 05, 2023, 09:33:42 pm
The PCN says that if the PCN is not paid before the end of 28 days beginning with the date of the notice in this case this would be the 26th of November.

The regulations dictate that they may serve a PCN 28 days beginning with the date of service of the notice in this case the 28th of November 2 days later this error will render the PCN unenforceable but you will have to take it to the tribunal

Thank you, I appreciate your time looking at this.   Could you kindly explain that a little further?   I make 30/10/23 +28 days yo to be 27th November. But your second sentence refers to the date of SERVICE - the date i received it? so their regulations dictate date i received it + 28 days AKA 28th November?

Finally, I'm new to the idea of the tribunal and the PCN doesn't say anything about that does it?  Is there a link in here for further guidance on how i go about it please?

Thank you all for your time and effort.

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Re: PCN / Haringey Council / 52(M) Failing to comply with a prohibition on certain types of vehicle
« Reply #14 on: »
London Tribunals link: -
http://www.londontribunals.gov.uk/

Your PCN is issued under the London Local Authorities and Transport for London Act 2003. As far as I can see, there is no requirement for a PCN issued under that Act to outline the adjudication process at all. As far as I know, if an authority rejects representations against an LLA & TFL Act 2003 PCN, the procedure for appealing to the adjudicators will be included in that. The Secretary of State has the power to introduced regulations related to the issue and enforcement of PCNs under the Act but has never done so.
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