Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Driver86 on January 03, 2024, 10:04:27 pm
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Only in the last couple of days, yes.
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Good news is that they have cancelled the PCN.
MrMustard- have they cancelled yours?
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I've submitted an appeal, which I expect that thye will come back asking for money. I'll post their response when I have it and go from there.
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Thanks for the info MrMustard. I do drive around that area now and again and have seen these signs positioned, but I can't recall if I saw them on the 16th December (my pcn date) with all the traffic and cars that were gridlocked I dont even know what the police were doing there, or if they were there momentarily instructing vehicles to turn left onto Swinton Place.
So you might even have a point.
Here is route I was forced to take to continue my journey. https://ibb.co/8d4dbTg I was in the zone for maybe 1-2 minutes due to traffic congested as I drove around Acton street and back onto Graysinn/Kings cross.
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This may help
(https://i.ibb.co/4dVrvL9/swinton.png) (https://ibb.co/hfmzQNh)
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I've read Mr M's post, but with respect roadworks signs isn't the same as 'I recall I only drove into the congestion charge zone at Swinton Place due to police diverting traffic in there after blocking entry to Grays inn road.'
Obeying a police constable's instructions is a defence, following roadworks diversions might be a defence.
OP, diagrams and specifics are necessary pl. I can see that Swinton Place does not lead off GIR, Swinton Street does.
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I am fighting a pcn here from 17 Dec. I have a photo of the roadworks sign. I can be your free representative. Email mrmustard@zoho.com
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I just noticed your post, I don’t know that much about pcns, however a family member of mine was diverted into the CC, and I managed to get TfL to cancel it or they eventually chose not to contest. I think they knew id take it to tribunals given the substantive reps I had sent to them. I recall including diagrams of the diversion and quoting the following in my reps, as they may have failed to consider: S14(3) of the road traffic regulation act 1984 which requires that: “when considering the making of an order or the issue of a notice under the foregoing provisions an authority shall have regard to the existence of alternative routes suitable for the traffic which will be affected by the order or notice." I may have additionally cited chapter 8 (part 3) of the traffic signs manual (2020) point u2.19.3. which recommends that: ”for motorised road users the requirement is that the diversion route shall not have any extra restrictions (including weight, height, width, emissions, or vehicle type) or pass through any additional tolls or charge zone.” Please note TSM is only guidance. Interestingly, similar to another local authority, they also failed to process my formal request for the traffic camera footage nearby the diversion, I either made an FOI or EIR. Your case slightly different to mine, as you mention the diversion was implemented by another authority, however its possible the same principles may still apply, however I cannot be certain as I’m just a layman commenter, perhaps wait for a response from other experts with more knowledge or alternatively seek advice from a legal practitioner in traffic law. Nonetheless, thought id provide an insight into my experience, also I managed to get TfL to cancel a separate CC pcn but for another legitimate reason altogether, therefore don't lose hope. Wish I could help more but unfortunately my health is deteriorating quite badly, so this response is all I can manage.
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Hi all,
Frustrated! Again a PCN for entering CC zone due to diversion. I got this PCN via post from TfL yesterday. I recall I only drove into the congestion charge zone at Swinton Place due to police diverting traffic in there after blocking entry to Grays inn road. The roads around there are for traffic flowing in one direction so you can not make a u-turn or turn away into another street.
PCN https://ibb.co/qR1YvVm
My destination was to turn up towards Kings Cross (which is not within the CC Zone) and so had no need to be in the zone on my route.
Any advice on how I can appeal this?
Many thanks.