Author Topic: PCN Lewisham, code 52M, prohibition on certain types of vehicle (motor), Ennersdale Road/Nightingale Grove junction  (Read 72 times)

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Throkmorton

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Thank you for reading this.



The prohibition is on vehicles heading in one direction for a short stretch of Ennersdale Road. I was oblivious to the prohibition because it was, to my mind, not clearly marked, especially considering how counterintuitive it is.



There are no traffic signs indicating the prohibition, such as ‘no entry’ or ‘turn right’. Physically, the road seems to continue straight ahead. The lane markings do not indicate a turn.

The road markings do say ‘No entry’ and ‘Turn right’, but I did not notice them in the dark, and so I continued driving, oblivious, into what turns out to be a short stretch of one-way road.

Could it be that the prohibition was not sufficiently indicated?



Thanks for your time.



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John U.K.

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Please repost all sides of yr PCN, redacting only yr name & address.

Hippocrates

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There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends a hearing, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply.
"Hippocrates"

ἔοικα γοῦν τούτου γε σμικρῷ τινι αὐτῷ τούτῳ σοφώτερος εἶναι, ὅτι ἃ μὴ οἶδα οὐδὲ οἴομαι ε

Incandescent

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Quote
There are no traffic signs indicating the prohibition, such as ‘no entry’ or ‘turn right’. Physically, the road seems to continue straight ahead. The lane markings do not indicate a turn.

Except there are, unfortunately !
https://maps.app.goo.gl/FvGvHQ7S1SDaAeVQ9

The photo on the PCN shows you coming from under the railway bridge. You would have seen the above view as you approached the bridge.
I have to say this is appallingly badly signed with no advance warning whatsoever. However, it's the same authority that signed the notorious Leahurst Road restriction only a short distance away. If it were me I'd be taking them to London Tribunals, but it's your £130 in play not mine, of course.

Hippocrates

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Ticket ReferenceZY1150883A
Your PCN is at discount stage. PCN process information
Vehicle Registration NumberGL63RSX
ColourRED
MakeSKODA
Contravention52m - Failing to comply with a prohibition on certain types of vehicle (motor vehicles)
LocationEnnersdale Road junction of Nightingale Grove
First seen atSun, 17 Nov 2024 17:11
Issued atSun, 17 Nov 2024 17:11
Served byPost
The amount outstanding on the Penalty Charge Notice will increase to £130.00. Please pay £65.00 now.


As helpful as gout in my right toe. I will draft a representation later.
There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends a hearing, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply.
"Hippocrates"

ἔοικα γοῦν τούτου γε σμικρῷ τινι αὐτῷ τούτῳ σοφώτερος εἶναι, ὅτι ἃ μὴ οἶδα οὐδὲ οἴομαι ε

Hippocrates

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@Throkmorton

Draft:

1. The alleged contravention is not proved because the video does not show the front of the sign allegedly passed.

2. Furthermore, since I am unaware, therefore, of the sign, I am unable to check whether it was/is subject to any illumination requirements as provided by TSRGD 2016.  Clearly, you will note the inclement weather at the said time.

3. I make a collateral challenge in that your website page (attached) does not clearly indicate when the price will increase and, according to any reasonable perception, is couched in threatening terms i.e. without even had the opportunity to make a representation. In this regard, I refer you to Ian Prideaux v London Borough of Lambeth case No: 2240362722

4. Last but not least, the PCN is a nullity because it conflates two entirely different legislations i.e. a Regulation 10 PCN - which is the only document which can "act as a Notice to Owner" - and a PCN pertaining to the 2003 Act. This PCN also contains a whole passage (56 days ff.) which belongs solely to parking legislation and so any reasonable person would be entitled to ask where are the grounds pertaining to the parking legislation and why they are not included? Finally, the use of the word "or" can be interpreted either conjunctively or disjunctively. Ipso facto, this exacerbates the confusion.

In light of the above, please cancel the PCN.
« Last Edit: November 28, 2024, 01:34:49 pm by Hippocrates »
There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends a hearing, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply.
"Hippocrates"

ἔοικα γοῦν τούτου γε σμικρῷ τινι αὐτῷ τούτῳ σοφώτερος εἶναι, ὅτι ἃ μὴ οἶδα οὐδὲ οἴομαι ε

Throkmorton

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Thanks very much for your advice. Here as John U.K. requested is the full paperwork.