3. NSL PCN Code 52m - Failure to comply with a prohibition on certain types of vehicle
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NSL PCN Code 52m - Failure to comply with a prohibition on certain types of vehicle
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Hi guys,

I recently received a pcn for "52m - Failing to comply with a prohibition on certain types of vehicle (motor vehicles)".

I didn't really understand the sign and it's the first time I've got this type of pcn. Just wanted to know if there's anyway I can appeal it? Any help would be appreciated.

I have attached pictures & a vid in the link below

https://drive.google.com/drive/folders/175H_9BI5xlPJV7kk1DFheFX60ecCf0k8

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Re: NSL PCN Code 52m - Failure to comply with a prohibition on certain types of vehicle
« Reply #1 on: »
Please post up all pages of the PCN. Just redact your name and address. Please leave all other details visible.
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Re: NSL PCN Code 52m - Failure to comply with a prohibition on certain types of vehicle
« Reply #2 on: »
Just uploaded all pages to the folder
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Re: NSL PCN Code 52m - Failure to comply with a prohibition on certain types of vehicle
« Reply #3 on: »
Video:



GSV is out of date https://maps.app.goo.gl/CqCkHWtVCwnuEUgH9 so you'll need to go back and check and get photos.
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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: NSL PCN Code 52m - Failure to comply with a prohibition on certain types of vehicle
« Reply #4 on: »
Quote
I didn't really understand the sign

'Road Closed' on large red sign on planter x3
or
the 'flying motorbike' No Entry for cars and motor-cycles sign x2 ?


Sorry if that sounds negative, but would be the first question an adjudicator might ask should this get that far.

I note that the PCN is dated 2nd. October which means (by my calculations - others will confirm) the discount period expired at midnight on the 15th.October.
Please check the current status of the PCN on the Council website.
« Last Edit: October 17, 2023, 09:03:46 am by John U.K. »
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Re: NSL PCN Code 52m - Failure to comply with a prohibition on certain types of vehicle
« Reply #5 on: »
Quote from: John U.K. on October 17, 2023, 08:50:44 am
Quote
I didn't really understand the sign

'Road Closed' on large red sign on planter x3
or
the 'flying motorbike' No Entry for cars and motor-cycles sign x2 ?


Sorry if that sounds negative, but would be the first question an adjudicator might ask should this get that far.

I note that the PCN is dated 2nd. October which means (by my calculations - others will confirm) the discount period expired at midnight on the 15th.October.
Please check the current status of the PCN on the Council website.
+1
I see nothing that would win here based on what the video shows.
However, the PCN may be defective or the traffic order establishing the restriction. In addition, if there are no advance warning signs, that could form the basis for an appeal, but the presence of the tubs with signs partly blocking the road would count against this
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Re: NSL PCN Code 52m - Failure to comply with a prohibition on certain types of vehicle
« Reply #6 on: »
Thanks for the responses guys. For some reason they've given me a reduced price for 21 days instead of 14. If there's no luck with an appeal for this one maybe I'll just pay it then
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Re: NSL PCN Code 52m - Failure to comply with a prohibition on certain types of vehicle
« Reply #7 on: »
Quote from: mr-jp on October 17, 2023, 12:53:09 pm
For some reason they've given me a reduced price for 21 days instead of 14.
Where does it say they're giving you 21 days?
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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: NSL PCN Code 52m - Failure to comply with a prohibition on certain types of vehicle
« Reply #8 on: »
Quote from: cp8759 on October 17, 2023, 09:25:15 pm
Quote from: mr-jp on October 17, 2023, 12:53:09 pm
For some reason they've given me a reduced price for 21 days instead of 14.
Where does it say they're giving you 21 days?

When I go on Lewishams website to pay it says I have until sat 21st Oct to pay at a reduced cost. Actually would make it 19 days of discount since the date I got the pcn. Weird but it helps

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Re: NSL PCN Code 52m - Failure to comply with a prohibition on certain types of vehicle
« Reply #9 on: »
So are you going to go back and get photos of the advance warning signs (or lack thereof)?
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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: NSL PCN Code 52m - Failure to comply with a prohibition on certain types of vehicle
« Reply #10 on: »
Quote from: cp8759 on October 18, 2023, 12:34:40 am
So are you going to go back and get photos of the advance warning signs (or lack thereof)?

For the warning signs I just need to go back and take pictures of the road before this turning? It's not far from me so I can get pics today
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Re: NSL PCN Code 52m - Failure to comply with a prohibition on certain types of vehicle
« Reply #11 on: »
Quote from: mr-jp on October 18, 2023, 11:20:50 am
Quote from: cp8759 on October 18, 2023, 12:34:40 am
So are you going to go back and get photos of the advance warning signs (or lack thereof)?

For the warning signs I just need to go back and take pictures of the road before this turning? It's not far from me so I can get pics today
Yes, we need some pictures showing the whole width of the road so that we can have a good idea of how visible the signs would be to the driver. Don't make the mistake some people make of taking close-up pictures of the signs as they'd be no use.
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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: NSL PCN Code 52m - Failure to comply with a prohibition on certain types of vehicle
« Reply #12 on: »
Quote from: cp8759 on October 18, 2023, 12:34:40 am
So are you going to go back and get photos of the advance warning signs (or lack thereof)?

I just went back to the road and they did actually have advance warning signs :(. Omg lol I actually made that same mistake. Took up close pictures.

Tbh I think the signs were quite clear but at the time of driving I used my uber app sat nav. Rather than Google maps. I think that's why I initially turned down the road in the first place

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« Last Edit: October 20, 2023, 02:51:54 pm by mr-jp »
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Re: NSL PCN Code 52m - Failure to comply with a prohibition on certain types of vehicle
« Reply #13 on: »
@mr-jp the first sign is for vehicles turning left, so you wouldn't have passed it if you were turning right. The second sign is illegal and doesn't tell you anything useful at all.

What I was hoping for was an updated photo showing the view from here https://maps.app.goo.gl/C1eLZQp788u1eSXd6 and here https://maps.app.goo.gl/cvoqa95habkv4GNJ7 and maybe here as well https://maps.app.goo.gl/eBCky5GyAmGcy7so6

You need to pretend you've the google street view car and get us a wide angle picture of the whole road (but don't stand in the middle of the road to do this).

Either there are meaningful advance warning signs from that approach, or not.
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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
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