3. Lambeth Salters Hill - Failing to Give Way
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Lambeth Salters Hill - Failing to Give Way
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Hi,

Few weeks ago I got the PCN for failing to give way at what looks to be a Council money-maker Lambeth Salters Hill.
There's a video (I'm the dark grey Vauxhall Astra) https://www.youtube.com/watch?v=Buugj8vZ2WY

I know people had appealed before and some were successful so I appealed with the following message (mainly copy-paste from the successful appeal made by another user some time ago)

Quote
Dear London Borough of Lambeth,

The alleged contravention did not occur. The sign at diagram 615 of the Traffic Signs Regulations and General
Directions signifies that "Priority must be given to vehicles from the opposite direction", and at this location this
sign is used in combination with a diagram 811A sign which means "Beginning ... of section of road where traffic
has priority over vehicles from the opposite direction.", the diagram 811A sign is located on the far side of the
bridge when looking from the location of your CCTV camera, and the back of the sign is visible in the CCTV
footage on the right hand side of the screen, just past the bridge.

One oncoming vehicle can be seen in the video, a Mini that reached the priority area after I merged to the left
lane. As such no vehicle that was in the priority area was impeded by my car and I did not fail to afford priority to
any driver in the priority area, it follows that the alleged contravention did not occur.

Please cancel this PCN.




I just got a reply through post rejecting my appeal (attached)
Basically the most generic reply, they haven't addressed my arguments.


What are my options now? Should I appeal to E&TA? If so, how should I approach it?

Thanks



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Re: Lambeth Salters Hill - Failing to Give Way
« Reply #1 on: »
Please show us the original PCN with just your postal address redacted. Until very recently there was a serious flaw in Lambeth's PCN template that made them all invalid, if your PCN is affected it's a virtually guaranteed win on appeal.
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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: Lambeth Salters Hill - Failing to Give Way
« Reply #2 on: »
Thanks, here you are.
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Re: Lambeth Salters Hill - Failing to Give Way
« Reply #3 on: »
and the other pages? As CP explained, often flaws in the 'small print'.
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Re: Lambeth Salters Hill - Failing to Give Way
« Reply #4 on: »
Oh sorry, here is the rest.
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Re: Lambeth Salters Hill - Failing to Give Way
« Reply #5 on: »
Here you go, send this via the council website and keep a screenshot of the confirmation screen:

Dear London Borough of Lambeth,

I challenge liability for PCN LJ25749846 because the alleged contravention did not occur, this is because my vehicle cleared the priority area while there were no oncoming vehicles within the priority area.

Further to this, the notice mis-states the time-period mandated by paragraph 5(2)(a) of Schedule 1 to the London Local Authorities and Transport for London Act 2003, this should be 28 days from the date of service of the notice rather than 28 days from the date of the notice.

It follows that the penalty charge must be cancelled.

Yours faithfully,
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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: Lambeth Salters Hill - Failing to Give Way
« Reply #6 on: »
Thanks you very much. Although when I'm trying to send it through their website it doesn't let me saying I've already appealed and they'd replied. Is there any other way to appeal again?
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Re: Lambeth Salters Hill - Failing to Give Way
« Reply #7 on: »
Sorry I somehow missed the notice of rejection.

That being the case, we need to appeal to the tribunal. Would you like me to represent you?
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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: Lambeth Salters Hill - Failing to Give Way
« Reply #8 on: »
Thanks, I've sent you a PM
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Re: Lambeth Salters Hill - Failing to Give Way
« Reply #9 on: »
They are clearly having problems with their paperwork, including Bus Lane contraventions too!

Also, "one of the grounds" then contradicted by "the grounds". Somewhat confusing.

Hopefully, a costs job.  ::)
« Last Edit: September 27, 2023, 05:59:58 am 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: Lambeth Salters Hill - Failing to Give Way
« Reply #10 on: »
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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: Lambeth Salters Hill - Failing to Give Way
« Reply #11 on: »

Well done. Good. As argued in this case and IMO the only position in law and why some adjudicators have taken an alternative view beggars belief.
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