Hi all,
I intend to make representations to Southwark via their online form as follows:
" Dear Southwark Council,
I am challenging PCN X on two grounds: (1) inadequate signage, and (2) collateral challenge.
(1) The signage is inadequate. As your video footage shows, I made a left turn from Burbage Road into Turney Road. There are no signs on Burbage road advising that a left turn is restricted. Note that the lines of the junction are dotted, so the driver should not be expected to stop, in which case he or she might notice the signs on Turney Road. The signs are positioned immediately after the left turn. However, once the turn is made, there is insufficient time for the driver to notice the sign, read the contents, recall the time, determine that the restriction applies, and take evasive action.
(2) The PCN is invalid. The statement under the picture on the PCN says “If full payment has not been made before the end of the period of 28 days beginning with the date of this notice, a Charge Certificate may be issued increasing the amount outstanding by 50% to £240.00”. However, the regulations require that a Charge Certificate may only be made after the date of service (paras. 5(1) and (2)(a) ). The date of service must fall after the date of notice. Therefore the PCN makes a false statement in respect of the timescales for issuing a Charge Certificate. In light of this collateral challenge, the PCN is invalid.
Thank you for your consideration."
Questions:
- Has challenge (2) been successful? One would have thought Southwark would have amended wording by not, if so.
- Any other comments on the challenge?
Thanks
