Author Topic: PCNs and Rejection letters signed by a Council Director who no longer works there! Croydon Council  (Read 199 times)

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RangerDangerX

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Hi all,

Do I have grounds for appeal if documents are wrongfully signed? Can anyone point me to any legislation or cases to help?

I received a PCN in February 2024 which I appealed and obviously, it got rejected.

Both the PCN and the rejection letter were signed by Steve Iles, Director of Sustainable Communities.


However, Steve Iles stepped down in August 2023 and was replaced by Karen Agbabiaka in August 2023. His name, position, and signature remain in official documentation.

Mr Steve Iles currently works for Swindon Council as per his LinkedIn.

In March 2024, I complained to Croydon Council and I received a response from Ms Jayne Rusbatch, Head of Highways and Parking. I have attached their response but they wrote a very interesting response:

"A request to change delegatory powers to the new director, Karen Agbabiaka is in train."

“Ms Agbabiaka has full approval to sign correspondence for penalty charge notices issued under RTRA 1984 sections 99-103.”

"Corrective action is currently being taken to remedy this matter."

Despite this, they still refused to cancel my PCN!

This is not a one-off time. I received another response on 4/04/2024 which still contained his signature after I complained about this malpractice!

Only in January, they were humiliated nationally for sending charges of £195 to thousands of motorists as reported on national broadcasters:

Croydon: Penaltycharge notice error cost borough £150,000:
https://www.bbc.co.uk/news/uk-england-london-68217847#:~:text=Cancelling%20penalty%20charge%20notices%20(PCNs,of%20up%20to%20%C2%A3195.

Do I have a claim in the appeal tribunal?


I have attached the following evidence:

- Croydon Council's response to my complaint about his signature (pdf)

- An image of a letter of rejection with his signature (jpg)

- Screenshot of another rejection letter dated 04/04/2024 (x2) (jpg)


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cp8759

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@RangerDangerX I think we can find something far more substantive than that. Please give us the PCN number and number plate so we can start by looking at the council evidence.

The location is here https://maps.app.goo.gl/3Bt64JZLGGYBPCkp8 and as google street view is out of date, it's really important we see the CCTV footage.
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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

cp8759

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Found the number plate on your other thread, here's the video:

https://www.youtube.com/watch?v=aelu6CtPNPk

The same considerations apply to this case as your other thread.
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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

RangerDangerX

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Thanks for helping me with the upload and finding the video!

I have also compiled evidence against them for my tribunal appeal.

Attaching images below for evidence.


I also appealed to them informally which they rejected.

This was my argument regarding the signage:

The signage related to the "no left turn" restriction on Warrington Road fails to meet the standards outlined in the Traffic Signs Regulations and General Directions 2016 (TSRGD 2016) and the Ministry of Transport Traffic Signs Manual.
Specifically, the sign's placement contravenes the guidelines stated in Section 5.11 of the Traffic Signs Manual, which mandates that signage must be positioned to ensure maximum visibility and legibility from a driver's approach. The current placement on the passenger side significantly diminishes its visibility, contrary to what is recommended for ensuring road users' compliance and safety.   

The sign is on a pole that is up against the walls of a house, roughly 6-7 feet away from the street, whereas other poles which are better situated are less than a foot away from the curb. As the road is quite tight and busy, there is a zebra crossing for pedestrians, and often one must give way to oncoming traffic, so attention is needed to maintain safety. The sign is outside the natural periphery of the eyes because of the distance of the pole from the curb. (EVIDENCE A)

Further exacerbating the issue is the obstruction of the "no left turn" sign by a house’s
hedge rendering it invisible / partially invisible from the required distances as stipulated in Section 5.2.2 of the Traffic Signs Manual. The bottom part of the sign is covered, so it is not clear to see what the hours are. This contravention of visibility requirements directly impacts the ability of road users to comply with traffic regulations.

Moreover, the presence of an unobstructed pole on the opposite curb, on the driver’s side, only a foot away from the curb, currently displays a ‘humps ahead’ sign, presents a missed opportunity for optimal sign placement. This pole is in the driver’s eyeline, and gives enough for a driver to change course, if the ‘no left turn’ sign was placed there. This oversight seems to disregard the advisory provisions of the Manual, particularly Section 5.2.3, which allows for alternate siting on the driver’s side if necessary. (EVIDENCE B)

Croydon Council is aware of optimising signs because oncoming traffic from Duppas Hill Road, has a clear unobstructed ‘no left turn’. In addition, the sign is angled towards the driver, which is not the same for the sign approaching from Waddon New Road. (EVIDENCE C)

cp8759

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@RangerDangerX well as I said before there isn't a no left turn sign, so stop mentioning a sign that isn't there (nor should it be).

It looks like one of the pages of the notice of rejection is missing? Can you please check and post the missing page?
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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order