3. Penalty charge notice - Haringey Downhill Park Road 52M Low Traffic Neighbourhoods
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Penalty charge notice - Haringey Downhill Park Road 52M Low Traffic Neighbourhoods
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Hi all,

Would appreciated any advice regarding an Appeal

Summary:
Violation occurred on downhills park road
My destination was Downhills Avenue - inside the LTN.
I drove through the area between two planters which apparently is the entrance to an Access Only residential area.
I am not familiar with the area and was visiting my sick father who was recently in hospital. I believe I have gone through the road multiple times over the past month. I was genuinely unaware of the restriction and my father was unable to advise.

Potential reason for having the pcn cancelled:
1. No signage on the road itself to indicate no cars or bikes allowed. Instead there is a 20mph sign.
2. there is no signage prior to planters/bollards.
3. Potential errors on the notice although i cannot see anything obvious.
4. Found an old picture online of signage on the planters which are no longer there.

Would appreciate any advice on how to potentially approach appeal.

Thanks in advance
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« Last Edit: April 18, 2024, 01:57:26 pm by silversurfer »
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Re: Penalty charge notice - Haringey Downhill Park Road 52M Low Traffic Neighbourhoods
« Reply #1 on: »
So you didn't notice the "Flying Motorbike" sign visible in the top left of the photo ?  This means "No entry for motorvehicles" and may have another plate below if it is time limited
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Re: Penalty charge notice - Haringey Downhill Park Road 52M Low Traffic Neighbourhoods
« Reply #2 on: »
To be honest, I wasn't aware of the meaning but have learned the hard way
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Re: Penalty charge notice - Haringey Downhill Park Road 52M Low Traffic Neighbourhoods
« Reply #3 on: »
Well you're banged-to-right on the contravention:



As you know, not knowing what the sign means is no defence, and the sign is included in the Highway Code.

I can only suggest the strategy of last resort outlined here, but you would need to tell us if there is any mitigation you are able to put forwards.
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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: Penalty charge notice - Haringey Downhill Park Road 52M Low Traffic Neighbourhoods
« Reply #4 on: »
This is the exact same place that I got done, and for similar reasons recently. I had been using this road for forty years and and went through for the first time in ages without noticing the restrictions. I too was bang to rights but posted here and eventually got the PCN cancelled on a procedural impropriety because I appealed to Haringey, received a Notice of Rejection which was flawed. I went to tribunal with the help of this site and the council decided to Not Contest with three days till the hearing. I suppose that you could always appeal to the council in the first instance and hope that they still send you a flawed NOR, but I think they may well have corrected that by now as they have been sending DNC (Do Contest) notices to London Tribunals for quite a while now. Does anyone else here think it may be worth appealing to see if the council still send out flawed NORs?
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Re: Penalty charge notice - Haringey Downhill Park Road 52M Low Traffic Neighbourhoods
« Reply #5 on: »
It seems representation have been made so we'll have to see what comes back:



@silversurfer it would be useful to see a copy of what you sent.
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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
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