Author Topic: Waltham Forest PCN 52M Failing to comply with prohibition on certain types of vehicle (motor vehicles)  (Read 783 times)

0 Members and 103 Guests are viewing this topic.

Hi

Hope you are all doing well.

My Father has just recived a PCN, please see below and kindly advise.  Any scope for appeal?









Many thanks

Share on Bluesky Share on Facebook


No narrative/background information to accompany this request ?

So here's Langthorne Road at the mini-roundabout where your father would have entered the section that is blocked off towards Brierly Road.
https://maps.app.goo.gl/HPw2RGKGHTDF4eUu6
Not the cul-de-sac sign.
Then shortly after he would have come to the closed road signs. I think they look pretty clear and unequivocal.
https://maps.app.goo.gl/tWq6WxFDqvnzYkTP7

So, two prominent "Flying Motorbike" signs, (=No entry for motor vehicles), plus two large planters with one a sign saying 'Road Closed', the other a sign advising what can pass the restriction signs.

Yet the video shows your father driving past them without any hesitation at all. OK, the video shows the signs on the opposite sign, but if you take this to adjudication, the council will state the signs are in postion and in good order. The test is the civil test of "the balance of probabilities". No signs are needed to indicate CCTV enforcement.

Anyway, wait a bit for others to comment, but don't miss any deadline dates on the PCN.  I have to say at the moment I see nothing at all to form the basis of an appeal. But let's hear from you as I suggested at the start of my reply.

Thanks for the reply.

I spoke with my elderly father, who is a disabled badge holder, about the situation. He mentioned that he was confused by the presence of the plant pots and the signage, particularly because he noticed a disabled badge symbol and it was wide enough for cars to pass.  Elsewhere in Leyton the road is properly blocked off for cars like here:https://shorturl.at/ihmTe. This led him to believe he might be allowed to pass through. In hindsight, I explained to him that the sign likely indicates that wheelchair users are permitted to pass through the area only using their wheel chair, rather than vehicles.  Not sure if the council expects wheel chair users to use their wheel chair in the middle of the road.
« Last Edit: August 18, 2024, 09:30:42 am by fox10 »

OK, thanks. Since these traffic measures came in, it is now common to rely on CCTV enforcement, rather than physically stopping-up the road, because emergency vehicles need access using the shortest route from their station.

So I suggest you submit representations on the lines of being an elderly BB holder, (maybe state age), who had not encountered such barriers before, and was confused by the obvious available passage past the "Road Closed " sign depite all the signs. However, seeing the other green-background sign, opposite the 'Road Closed' he noticed that there was a wheelchair symbol on it, so assumed BB holders were exempt from the ban on motorvehicles, the sign saying "Road Open To" with the various symbols below. 

Post up a draft for comment here before submitting.

thanks, how is this:

Dear Sir/Madam,

I am writing to formally appeal the Penalty Charge Notice (PCN) 52M issued to my father, XXXXXX, on 16 August 2024. My father is 76 years old and holds a disabled badge.

On the day in question, my father encountered road restrictions on Langthorne Road. As an elderly gentleman, he found the signage and placement of plant pots confusing. He specifically noticed a sign displaying a disabled badge symbol, which led him to believe the route was accessible for vehicles with such a badge. This confusion was further compounded by the fact that the passage appeared wide enough for cars to pass through. In other parts of Leyton, such as Edith Road, similar roads are either fully blocked off or have a bollard in place, making it clear that motor vehicles are not permitted.

My father is unfamiliar with such traffic measures and believed he could proceed based on the disabled badge symbol on the green background under the "Road Open To" sign, which was located opposite the "Road Closed" sign. He now understands that the symbol likely referred to wheelchair users rather than vehicles, but at the time, the situation was unclear to him.

Given his age, the fact that he is a blue badge holder and the genuine confusion caused by the signage, I kindly request that you consider cancelling the PCN on compassionate grounds. My father always strives to comply with road regulations and had no intention of disregarding the restrictions.

Thank you for your understanding and consideration of this appeal.

Yours faithfully

Replace first sentence with this: -

"I am writing to submit representations against the Penalty Charge Notice (PCN) 52M issued to my father, XXXXXX, on 16 August 2024 on the basis that the signage in place can cause confusion to Blue Badge holders."

and this, after the penultimate sentence: -

"He now knows the nature of the restriction, therefore will not make the same mistake again"


Thanks will let you know how we get on.