3. Rejected appeal by Lambeth 52m contravention
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Rejected appeal by Lambeth 52m contravention
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Hello All, I’m new here and hope I’ve followed all the rules, so here goes.. I got a PCN from Lambeth stating contravention code 52m (will attach evidence so I’m not typing it all). I appealed based on the evidence provided shows my car facing the same direction as the sign meant to warn me of possible contravention (please see annotated pic too with red arrows lol). This is a road I travel all the time but they have recently changed entry rules. On the said day, there was no sign warning me not to enter the road, neither have Lambeth provided evidence of a sign being there. I now have a tribunal case in March! Do I have a case to defend or should I count my pennies and pay the fine?

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Re: Rejected appeal by Lambeth 52m contravention
« Reply #1 on: »
If you have registered the appeal at the Tribunal, you certainly do not pay it now!

We need:

1. The whole PCN

2. The whole of your representations.
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IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
Re: Rejected appeal by Lambeth 52m contravention
« Reply #2 on: »
Hello

Thank you so much for your reply,

Hopefully the link below will show all the required documents if not please do let me know,
Really appreciate

https://photos.app.goo.gl/2qa8MzbyXJqxBFSQ6
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Re: Rejected appeal by Lambeth 52m contravention
« Reply #3 on: »
PCN?  Does it state what vehicles?  Need to see it.
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IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
Re: Rejected appeal by Lambeth 52m contravention
« Reply #4 on: »
Hello,

It stated Motor Vehicles

I’ve attached it again here, I hope this is a better quality to see, many thanks


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Re: Rejected appeal by Lambeth 52m contravention
« Reply #5 on: »
Found the original too. I’m so grateful for all the replies, I’m going to try head out today to get some pics but I’m sure they would have rectified the signage by now! Should they not provide evidence that the signage was in place on the said day, instead of just “saying” it was there?

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Re: Rejected appeal by Lambeth 52m contravention
« Reply #6 on: »
The civil law test applied by adjudicators is "on the balance of probabilities". However, if the council provide no proof of the presence of the sign in their evidence, then you should win, but library photos plus a witness statement can be acceptable.
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Re: Rejected appeal by Lambeth 52m contravention
« Reply #7 on: »
Quote from: Incandescent on February 06, 2024, 02:46:25 pm
The civil law test applied by adjudicators is "on the balance of probabilities". However, if the council provide no proof of the presence of the sign in their evidence, then you should win, but library photos plus a witness statement can be acceptable.
Provided that the photos of the signs are not that dated (old) or undated.
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IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
Re: Rejected appeal by Lambeth 52m contravention
« Reply #8 on: »
Quote from: Hippocrates on February 06, 2024, 03:09:32 pm
Quote from: Incandescent on February 06, 2024, 02:46:25 pm
The civil law test applied by adjudicators is "on the balance of probabilities". However, if the council provide no proof of the presence of the sign in their evidence, then you should win, but library photos plus a witness statement can be acceptable.
Provided that the photos of the signs are not that dated (old) or undated.
Good point.
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Re: Rejected appeal by Lambeth 52m contravention
« Reply #9 on: »
Soooo from your advice I took a quick spin there this afternoon and obviously the signs are now updated. However there’s an A4 sheet of paper on a lamppost dated 19/01/24 informing of the amendment coming into force from 24th Jan 2024. I then went online to Lambeth website and the previous (the first update informing motor vehicles will not be able to enter the road) is not there?

Google link with all the pictures taken today

https://photos.app.goo.gl/zRwQpC6PFF8yjLXM7

As already mentioned too, why did the council not submit evidence of my car passing a driver facing sign as I allegedly entered a prohibited road?

If there was any sign there on the day I travelled, it might have been those washed out a4 sheets of paper - how is this a proper sign for a motorist to see?

Thankfully I wasn’t riding alone and can get a witness statement.

Since it’s now at tribunal stage, they’ve said the full £130 is payable, there’s no harm in trying to defend my case with everything I can

Thank you to everyone
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Re: Rejected appeal by Lambeth 52m contravention
« Reply #10 on: »
Keep those photos for use with your appeal at London Tribunals.
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Re: Rejected appeal by Lambeth 52m contravention
« Reply #11 on: »
Will do, thank you so much.  Whatever the outcome I will come back here to share, if there’s anything said that can help anyone else in the future!
Ps forgot to add the screenshot from the Lambeth website where the notice should have been listed but isn’t there

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Re: Rejected appeal by Lambeth 52m contravention
« Reply #12 on: »
@MissO have you requested a hearing? If not, call the tribunal call centre now and ask them to change the hearing from postal to either personal or telephone.

Also have you received the council evidence pack?

And can you please show us your representations to the council, and the appeal you sent to the tribunal?
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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: Rejected appeal by Lambeth 52m contravention
« Reply #13 on: »
I think there is a hearing on one of the days Mr Schofeldt is there.  ;)  March.

Getting confused with my MI6 identities but PM sent on this forum. ;D
« Last Edit: February 11, 2024, 03:12:11 pm by Hippocrates »
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IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
Re: Rejected appeal by Lambeth 52m contravention
« Reply #14 on: »
@cp8759

Yes my hearing is face to face, thank you so much.

I’m still waiting on the council pack however it states they can send it up until 3 days before the date.

Funny enough I passed Valley Road yesterday and if you see the pretty signs that have now been put up, good job I had gone before as the evidence looks very different!!

I haven’t sent my rep for the appeal yet, I’m hoping to get that done by today or tomorrow.

I will search to see if I can get my written statement somehow. However in all honesty, my only claim was that the camera was facing the opposite direction and they didn’t provide evidence that I had seen the sign on entering the road, as that too was facing the same direction I was driving in.

I’ve attached my unprofessional annotated picture I sent back to them. From the advice here I wish I had done better leg work before I sent the appeal in

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