Author Topic: PCN received at Salters Hill -Lambeth - Failing to give way to oncoming traffic - 37J  (Read 1689 times)

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I am traveling in the white ford Transit high top reg KN59 OVK

I have received a PCN for failing to stop - however I have viewed the Video and feel that this is harsh as I has made my decision to move forward when the car on the opposite side was just turning into the road and therefore becoming oncoming traffic.


Please can you help me with what wording I need to use to appeal this PCN?

Many thanks

IMAGES OF PCN



IMAGES from enforcement camera



VIDEO
Google Docs · drive.google.com


LOCATION
Find local businesses, view maps and get driving directions in Google Maps.
Find local businesses, view maps and get driving directions in Google Maps. · maps.app.goo.gl
nickyk

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Please set your Drive link to 'public'. It cannot be opened at the moment.

apologies for this - can you give me some guidence as to how to do this as i dont use google drive
nickyk

Google Docs · drive.google.com


does this work?

thanks
nickyk

https://drive.google.com/file/d/16Q7YA6Ny5dYhZoTuvub-wnFY4rj74zVe/view?usp=sharing

does this work?

thanks
Yes. For me there is no contravention, as you passed the give-way line just as the car turned into Salters Hill.

when appealing this is there any terminology/way i need to put it to ensure it is accepted?
nickyk

Yes this is in the bounds of appeals we usually see won at the tribunal.

The simple challenge is the contravention did not occur as my vehicle passed the give way line well before an oncoming vehicle had reached the priority area.


Great thanks so much - this camera enforcement looks like a total scam and cash cow from lambeth council - its terr
ible!
nickyk

Yes this is in the bounds of appeals we usually see won at the tribunal.

The simple challenge is the contravention did not occur as my vehicle passed the give way line well before an oncoming vehicle had reached the priority area.


absolutely
Quote from: andy_foster
Mick, you are a very, very bad man

There is a speed hump about halfway down from the turn and you must make sure in your reps that the adjucator is informed that the approaching vehicle slowed to negotiate that, and not because you were approaching.

So i have heard back from Lambeth council who have decided not to cancel my pcn, stating that although i gave way for 1 vehicle (there is no evidence they showed of this) that i then causes delay for the on coming driver. I think they have confused me with another van shown in my video evidence, and i would like to appeal this as i think i have a good case.

They talk about the vehicle coming from the opposite direction was now at the priority point - however there are no road markings on the other side to show where this is, and i strongly feel that i made my decision to proceed when the on coming car was just turning into the road and was not yet at any priorty point regardless of if there is one or not.

does anyone have any experience of appealing this successfully at the Lambeth give way point - as any help with wording for the appeal would be very helpful.

many thanks
nickyk

I think I've been done by this camera also. Totally didn't see any signage.

So i have heard back from Lambeth council who have decided not to cancel my pcn, .

many thanks

Please to post up here a copy of what you wrote and all sides of Lambeth's rejection, redacting only yr name & address - leave all else in.

I dont have a copy of what i wrote to apeal the pcn (took guidence from the messages attached to my original post) - unless someone can advise me of where i can find this as i filled in a form online.

This is their reply however.




I think they may have not taken enough time to review this and think that i am the first van shown in the video, as them mention that i waited for 1 car to pass - but i am the 2nd van and there is not imagary shoing me waiting for a car to pass.

I went just as a car turned into the road and was no where near the section of the road where i would penalise his passage of travel.

need to word this well as dont want to be stung for this!!!

Thank you for your help.

Nicky
nickyk

Their letter is total and utter tosh ! (no surprise there, and it does show why Lambeth are such a useless stupid council). There is no legal requirement whatsoever, to stop at the give-way line. But if a vehicle is approaching, such that proceeding would force the other vehicle to slow down or stop, the driver should stop at the give-way line.