Author Topic: 53J failing to comply restrictions  (Read 519 times)

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Nazma Yaqoob

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53J failing to comply restrictions
« on: January 31, 2024, 11:31:30 am »
Hi

Caught by camera whilst I dropping child to school I have a permit to access the nearby previous road Dersingham Ave on disability grounds as both roads are healthy st ones, The day before this contravention took place there was diversion into the next road where the alleged contravention took place Sheringham Ave I drove into the road thinking there is diversion being as there was heavy traffic and cars blocking the pavement view where the diversion signage was on the previous day, so I drove in but as I went into the road I see the signage was not there but As its a one way road I could not turn back out and because of the heavy traffic blockage.

Attaching below the PCN

Is there room to challenge this?

« Last Edit: February 04, 2024, 10:31:55 pm by cp8759 »

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cp8759

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Re: 53J failing to comply restrictions
« Reply #1 on: January 31, 2024, 09:25:16 pm »
Caught by camera whilst I dropping child to school I have a permit to access the nearby previous road Dersingham Ave on disability grounds as both roads are healthy st ones,
@Nazma Yaqoob I'm sorry but this is really hard to follow.

You have a permit for Dersingham avenue, are you saying the day before there was a diversion from Dersingham Avenue to Sheringham Avenue?

Where were you actually trying to get to?

Can you show us your permit please?
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

Nazma Yaqoob

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Re: 53J failing to comply restrictions
« Reply #2 on: February 01, 2024, 11:04:39 am »
Attaching permit

cp8759

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Re: 53J failing to comply restrictions
« Reply #3 on: February 01, 2024, 10:51:11 pm »
Where were you actually trying to get to?
Could you please answer this?

Also tell us where you were coming from, what route you took the day before, and what route you would have normally taken in the absence of a diversion.
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

Nazma Yaqoob

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Re: 53J failing to comply restrictions
« Reply #4 on: February 02, 2024, 04:26:29 pm »

I was coming from direction of Stratford as if going towards Ilford, The day before as I reached to the Dersingham Ave it said road Closed, only as I reached the road I was able to see this so I had to go further up and make a u-turn to turn car around to then come into Sheringham road as the day before I had good view of the signage showing the diversion as it was on left floor of pavement and then from this angle. In the absence of diversion I would have gone down Dersingham Ave.
 

cp8759

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Re: 53J failing to comply restrictions
« Reply #5 on: February 03, 2024, 07:26:00 pm »
Can you draw us a map showing the route you would normally take, and the route you took when the road was closed?

What are the requirements to get a permit for Dersingham Avenue?

Would you qualify for a permit for Sheringham Avenue if you applied for one?
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

Nazma Yaqoob

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Re: 53J failing to comply restrictions
« Reply #6 on: February 03, 2024, 10:36:37 pm »
I am attaching 3 images of diagram
diagram A showing my normal route for drop off to school.
diagram B on day of diversion as approaching the Dersingham Ave see that there was signage of road closed on the ground so I drove further up the road to do a u-turn and on left side the next street on left that showed displayed a diversion sign again on the road.
diagram C day of alleged contravention having also seen signs for diversions because of road work on other parts of the Romford road and heavy traffic then of normal traffic and already delayed on getting child to school because of his special needs and dysregulation entered through this route C way assuming the heavy traffic being result of diversion vehicles was blocking full view from this angle.

I believe it would been possible of having applying for Sheringham Ave this road permit as I have accidentally also applied on another road Chobham and this permit was issued so being it based on blue badge.

Nazma Yaqoob

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Re: 53J failing to comply restrictions
« Reply #7 on: February 03, 2024, 10:46:14 pm »
here below I attach a live for the Chobham road healthy street done accidentally and a permit was live and issued so I believe so one is obtainable for Sheringham Avenue to answer this with the evidence.

cp8759

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Re: 53J failing to comply restrictions
« Reply #8 on: February 04, 2024, 10:32:43 pm »
I think we have enough to work with, but for the sake of completeness is there anything stopping you from getting a permit for Sheringham Avenue?

If not, can you just get one now?
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

Nazma Yaqoob

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Re: 53J failing to comply restrictions
« Reply #9 on: February 07, 2024, 04:57:46 pm »


ok I will apply for Sheringham Avenue

Nazma Yaqoob

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Re: 53J failing to comply restrictions
« Reply #10 on: February 09, 2024, 09:51:31 pm »
In the meantime what can I respond for the informal challenge?

cp8759

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Re: 53J failing to comply restrictions
« Reply #11 on: February 10, 2024, 06:03:09 pm »
There is no informal challenge for moving traffic contraventions, you get one chance to make representations and then it's off to the tribunal.

Here's a draft:

Dear London Borough of Newham,

I would like to request cancellation of PCN PN74598545 for the following reasons.

I am well aware of the Healthy School Streets scheme and my child has a disabled access permit for Dersingham Avenue

I have uploaded the following three diagrams I have drawn and would like you to consider:

Diagram A shows my normal route for drop off to school: LINK1

Diagram B shows my route on the day of diversion, when approaching Dersingham Avenue there was signage indicating a road closure so I drove further up to do a u-turn and when retracing my route, on nearside there was a diversion sign directing traffic into Sheringham Avenue: LINK2

Diagram C at LINK3 shows my route on the day of the alleged contravention, owing to the position of the signs on the previous day I did not become aware of the fact that the diversion signs had been removed until I had already committed to the turn and because Sheringham Avenue is subject to a one-way restriction, it was not possible for me to return to Romford Road. Having seen diversions signs because of road works on other parts of Romford Road and heavier traffic than normal I had understood that the diversion was still in place, and I did not want to drive further up Romford Road and do a u-turn for a second time given that I was already delayed in getting my child, which in itself was problematic owing to his special needs.

I have since applied for a permit to allow me to use Sheringham Avenue which has been granted, I have uploaded a copy at LINK4

I trust that in light of the above you will be able to cancel the penalty charge on this occasion.

Yours faithfully,

I will PM you the links to put in the representation,if you give them the links I'll PM you, we can use the click count to confirm whether they've looked at them or not (obviously do not click on the links I PM you as we want the click count to remain at zero). If they don't click on them, we can then prove they've failed to consider all of the evidence. If they say in the rejection that they've considered all the evidence, we've got them for lying as well.
« Last Edit: February 12, 2024, 01:31:25 pm by cp8759 »
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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Re: 53J failing to comply restrictions
« Reply #12 on: May 30, 2024, 06:04:12 pm »
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