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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: concoj on December 06, 2023, 03:14:06 pm

Title: Re: Alleged contravention 53 J
Post by: Incandescent on December 21, 2023, 10:59:58 pm
Well, it's now up to you whether to pay the discount or stand your ground. What you have is not a slam-dunk appeal, but it does have some chance of winning. I think you need to emphasise the lack of advance warning plus the sign being twisted round so you couldn't see it.
Title: Re: Alleged contravention 53 J
Post by: concoj on December 21, 2023, 01:36:39 pm
Thanks incas,

"If you're going to stand your ground and appeal, you really need to back up the signage argument with photos.
I back up with a photo when a appealed. The picture shows how the sign has been twisted round and therefore not visible

attached pic






[attachment deleted by admin]
Title: Re: Alleged contravention 53 J
Post by: Incandescent on December 21, 2023, 12:00:55 pm
Discount has been re-offered, so you must now decide what to do, pay or appeal.  If you're going to stand your ground and appeal, you really need to back up the signage argument with photos.
Title: Re: Alleged contravention 53 J
Post by: concoj on December 21, 2023, 11:41:47 am
attached rejection letter

[attachment deleted by admin]
Title: Re: Alleged contravention 53 J
Post by: H C Andersen on December 20, 2023, 07:10:17 pm
Pay what?

If the discount has not been offered then you should appeal.

Pl post the complete NOR.
Title: Re: Alleged contravention 53 J
Post by: concoj on December 20, 2023, 05:44:12 pm
So that means I have to pay then
 
Title: Re: Alleged contravention 53 J
Post by: Incandescent on December 18, 2023, 10:20:55 pm
Quote
Anything I should do, please advise

Please to post the date of the rejection letter and the rest of the letter.

There is no such beast as the

London Local Authorities and Transport of London Act 2003

it is the
London Local Authorities and Transport for London Act 2003

https://www.legislation.gov.uk/ukla/2003/3/enacted

tho' I doubt it will make much difference, others will know.
I think something a bit more meaty is needed !
Title: Re: Alleged contravention 53 J
Post by: John U.K. on December 18, 2023, 01:27:30 pm
Quote
Anything I should do, please advise

Please to post the date of the rejection letter and the rest of the letter.

There is no such beast as the

London Local Authorities and Transport of London Act 2003

it is the
London Local Authorities and Transport for London Act 2003

https://www.legislation.gov.uk/ukla/2003/3/enacted

tho' I doubt it will make much difference, others will know.
Title: Re: Alleged contravention 53 J
Post by: concoj on December 18, 2023, 12:22:46 pm
I got a rejection letter.

Anything I should do, please advise

[attachment deleted by admin]
Title: Re: Alleged contravention 53 J
Post by: concoj on December 13, 2023, 12:44:34 am
many thanks I'll copy and paste into my appeal before is to late.
will keep you informed
Title: Re: Alleged contravention 53 J
Post by: Incandescent on December 11, 2023, 01:21:52 am
I referred to the the right hand sign that is not facing correctly
Ah, sorry, misread your thread. So the sign on the right hand side of the street was twisted round so you couldn't see it, correct ?
If so, then I's submit reps that you turned left into the restricted street, but there was no advance warning of the restriction, and it is a very sharp turn of more than 90 degrees, So the sign that one would normally see as a motorist would be the one on the right-hand side, but this was twisted round and therefore not visible. As there was no advance sign, and the signage was not correctly place at the entrance to the street, the offence did not occur.
Title: Re: Alleged contravention 53 J
Post by: concoj on December 10, 2023, 11:40:47 pm
I referred to the the right hand sign that is not facing correctly 
Title: Re: Alleged contravention 53 J
Post by: Incandescent on December 06, 2023, 08:08:44 pm
Quote
I was hoping that we could challenge the PCN on the grounds that the right sign wasn't on place as seen on the cctv;
So what do you think the correct sign is ? Thee "flying motorbike" sigs are in place all over London, there must be hundreds and hundreds of them by now.

If there is no advance warning for drivers turning left into the road, then this is a credible argument because by the time one has started turning and seen the signs it is too late. You did seem to hesitate as you turned; did you not know what the signs meant ?
Title: Alleged contravention 53 J
Post by: concoj on December 06, 2023, 03:14:06 pm
I’ve received a PCN from Lewisham Borough Camera enforcement with alleged contravention 53j.  The vehicle was seen entering The Peak driving from Sydenham Park road past month.  
I was hoping that we could challenge the PCN on the grounds that the right sign wasn't on place as seen on the cctv;

footagehttps://pcnevidence.lewisham.gov.uk/pcnonline/step2.php

Also is missing a warning sign to avoid entering this road in specific times and days. The warning signs on approach are essential and are meant to warn approaching drivers. If the signage is lacking then drivers are bound to turn on to the road without realising, which is what happened in this case.



https://www.google.co.uk/maps/@51.4313607,-0.0544295,3a,75y,190.43h,87.76t/data=!3m7!1e1!3m5!1sv7dv-sGSrLxNjSSQ56fNww!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fpanoid%3Dv7dv-sGSrLxNjSSQ56fNww%26cb_client%3Dsearch.revgeo_and_fetch.gps%26w%3D96%26h%3D64%26yaw%3D332.66983%26pitch%3D0%26thumbfov%3D100!7i16384!8i8192?entry=ttu


PCN; ZY08883025
NX18XAP

Kind regards