Author Topic: ULEZ non payment PCN Main Road Biggin Hill  (Read 3938 times)

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Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #30 on: »
Both the Wilcox adjudication and one of the DfT authorisations are on file on this site.

Could someone please provide a link to the DfT authorisations?

I've looked everywhere and cannot find it  :-\

Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #31 on: »
Hi

Predictably TFL have rejected my appeal

Can anyone advise on how to escalate to the adjudicator?

I'm wondering which grounds I can appeal on - 'no penalty charge is payable under the charging scheme' seems to be the closest on the grounds that the signage was unclear and poorly situated.
« Last Edit: March 06, 2024, 02:11:04 pm by BH1001 »

Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #32 on: »
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Unfortunately I have already submitted my representations as it was getting a bit tight for time.

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Predictably TFL have rejected my appeal

For meaningful advice please post your reps and the letter of rejection.

Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #33 on: »
I'm just trying to retrieve my representations from TfL - I don't seem to have kept a copy which it a bit remiss I admit.  Once I have that I'll post it up here along with their letter of rejection...

Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #34 on: »
If you cannot find you rerps post up best you can from memory.

Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #35 on: »
My arguments were basically as follows

The bottom of the sign is over 10 feet from ground level and therefore it is very difficult to see it clearly from the driver's perspective when turning right from Skid Hill Lane into Sheepbarn Lane, and because of the oblique angle of the sign and the height of it, it is impossible to see it at all once you've joined the road, (unless you are driving a convertible!)

There are no warning signs to be seen when approaching the junction along Skid Hill Lane so drivers are relying solely on that one sign that has been put up on the opposite side of the road, 10+ metres high and at an oblique angle when viewed from the road you are joining the ULEZ from - please see link to pictures

https://imgur.com/a/x6LoZOK



Letter of rejection to follow
« Last Edit: March 07, 2024, 10:10:10 pm by BH1001 »

Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #36 on: »
Letter of rejection here:

https://imgur.com/a/Fuo6QH0

My initial thoughts are (as per P2 para 2) how would it be possible for me to "make (myself) aware of any charges, tolls or other restrictions that may be in existence along along (my) route" if, as I have already informed them, I had got lost and didn't know where I was?
« Last Edit: March 07, 2024, 10:17:38 pm by BH1001 »

Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #37 on: »
It's the usual tosh we see so often from councils and also Transport for London.  Of course you knew about the existence of the ULEZ, but the reason signs are put up is because it is clearly impossible to know every single one of the exact entry points into the zone. TfL seem to be saying just because you knew there was a ULEZ,  you should know when you've entered it. What tosh !!

Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #38 on: »
Exactly, but all the more so when you've lost your bearings and are driving on unfamiliar back lanes

I'm assuming this is a stock response

Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #39 on: »
Could I also argue that the signage was inadequate due to the absence of a type D sign (as specified in DfT authorisation GT50/139/0183) on the road along which I approached the junction where the entry point to the charging zone was situated?

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« Last Edit: March 08, 2024, 09:19:14 am by BH1001 »

Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #40 on: »
I've drafted this for my appeal to the adjudicator - does anyone have any comments or suggestions before I send it in?


"I am appealing TfL’s decision to reject my appeal on the following grounds:

TfL’s response is inappropriate as it relies upon an assumption on their part that the driver of a vehicle will always know where the ULEZ enforcement zones are situated in relation to their current location.  This is plainly illogical, and is all the more inappropriate in this case, given the fact that, as I have already stated to them, I had lost my bearings and didn’t know which road I was on as I approached and then entered the charging zone.

I reiterate my view that the signage was problematic as one sign was placed too high up on the post to be easily read (see image) particularly when approached from an oblique angle, as was the case when I approached the junction with Sheepbarn Lane and Skidhill Lane where the entry point to the charging zone is situated.  The other sign at the junction not only points away from Skidhill Lane (see image) but is also some distance from the road and would therefore have been impossible for me to see as I approached the junction from Skidhill Lane (see image). The junction with Sheepbarn Lane and Skidhill Lane is a busy one and it is hazardous to be both checking for traffic and trying to check for ULEZ warning signs which are poorly located and very difficult, if not impossible to see.

I would also like to draw the adjudicator's attention to the fact that there was no ‘type D’ signage on Skidhill Lane which would have alerted me to the fact that I was approaching the charging zone had it been installed there."

Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #41 on: »
I'm just going to submit this as clearly nobody has got any thoughts or comments that they would like to share

Thanks for the support

Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #42 on: »
People give their time free on this forum, and have to earn a living as well, so sometimes responses aren't as quick as one would like.

I'm not sure "inappropriate" is strong enough, but I'm struggling to think of a stronger word; maybe "ill-considered".  Of course you could be rude and say it is "total tosh".

Other than that, OK
« Last Edit: March 13, 2024, 06:52:23 pm by Incandescent »

Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #43 on: »
People give their time free on this forum, and have to earn a living as well, so sometimes responses aren't as quick as one would like

No I do appreciate that and I'm very grateful for the support provided here, it was just that the deadline was looming and as I hadn't heard anything I decided I was just going to have to go ahead and submit it anyway.

In the process of doing that, I have realised that TfL have listed two PCN's on the Notice of Appeal pro forma, and although I do have two penalties outstanding, I have only lodged one appeal with them (i.e. the one that this thread is concerned with).  Is this an administrative error on their part and if so should I inform the adjudicator that I am only applying to the tribunal in respect of the first PCN and not the second?

Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #44 on: »
@BH1001 if they've rejected representations in respect of a PCN against which representations had not been made, that is a serious departure from the statutory requirements.

Please can you confirm what's happened so far with your appeal?
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.

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