Is this draft okay to send:
I make formal representations against Penalty Charge Notice GR24576209 on the following grounds.
- Signage
1. The council’s video evidence does not support the alleged contravention. It is not possible for a motorist to clearly read or assimilate the content of the restriction signage in real time, particularly for a vehicle turning left into Halstow Road from Humber Road. The positioning of the signage means it is not reasonably visible to drivers making this manoeuvre.
2. The advance warning sign is positioned on the offside of the approach, adjacent to a junction, and at a height that renders it ineffective for drivers concentrating on safely executing a left turn. As a result, the sign is easily missed and does not provide adequate advance warning of the restriction.
3. I note that both the Traffic Signs Regulations and General Directions (TSRGD) and the Traffic Signs Manual, Chapter 3, provide specific guidance regarding the placement, height, and visibility of signs so that restrictions are clearly conveyed to all road users. I therefore put the council to strict proof that the signage at this location complies fully with TSRGD requirements and the guidance contained within the Traffic Signs Manual.
4. Furthermore, upon turning into Halstow Road, the restriction signage is only positioned on one side of the carriageway, leaving drivers with no reasonable opportunity to observe the restriction or take avoiding action before it is too late. This failure to adequately sign the restriction means that it is not properly conveyed and the alleged contravention did not occur.
- The PCN
I make this collateral challenge against its validity:
The PCN is missing mandatory information as provided at Para. 4 (8 ) (v) of
https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted(v) that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable;
Clearly, this refers to Para. 4 (8 ) (iii):
(iii)that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;
Therefore, it follows that the statement: "If you fail to pay the Penalty Charge or make representations before the end of a period of 28 days beginning with the date of service of this notice an increased charge of £140 may be payable." adds to the lack of clarity by its omission. Even on its own, whether the required information was included or not, it is also arguable that it conflates the two periods by the use of the word "or" which many would view as being conjunctive.
In light of the above, please cancel the PCN.
