Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Haymo on February 21, 2024, 05:44:07 pm
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Many congratulations.
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Lambeth have DNC'ed the whole lot.
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The link to the PCN is lost; but, looking at another Lambeth PCN, unless I am blind, I cannot see any faults on that PCN.
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Thanks. Re the GLA: presumably there is source to find out this information?
Well the obvious clue is the single or double red lines next to the kerb.
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Thanks. Re the GLA: presumably there is source to find out this information?
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@cp8759: Is there a repository for all this juicy information?
Yes, it's all here: https://docs.google.com/spreadsheets/d/1pVrE76_RYY6bNmEpYGbsZkxtpfIeud_BT3SKfg7TzQM/edit?pli=1#gid=642784037&range=A1
And, what is wrong with the PCN please?
It's on Mr Mustard's email chain that you're also on.
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@cp8759: Is there a repository for all this juicy information? And, what is wrong with the PCN please?
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As I said on the old site, this should be open and shut on the GLA consent issue, and there are a few arguments to be made about the PCN. I'll drop you a PM with a proposal but for what it's worth, this line of argument has never lost.
For reference, the relevant cases are:
William Samuel v London Borough of Lewisham (2220837736, 13 December 2022) (https://drive.google.com/file/d/1rkXPKBwfCqBNvhczMr1Z9CV7VT3X0kDi)
Commercial Plant Services Ltd v London Borough of Lambeth (2230127577, 15 March 2023) (https://drive.google.com/file/d/1i863mRDrHLpxZ672f2gLm5LpVT-6w3C0)
Maurice Luftig v London Borough of Hackney (2230151491, 15 April 2023) (https://drive.google.com/file/d/1o5ghOppdi_QJGhdzeZB-Dyt3wZAln6sX)
Robert Greens v London Borough of Lewisham (2230366024, 11 September 2023) (https://drive.google.com/file/d/1DKQOAaxhL8UBqZ3J1cOIjBSX_GdJkKiQ)
Stanmore Quality Surfacing Ltd v London Borough of Hackney (2230441786, 28 November 2023) (https://drive.google.com/file/d/1InZNVfeMXUIKcYRkb9VV0fnHciZnhdgj)
Michael Strom v London Borough of Barnet (2230545486, 22 January 2024) (https://drive.google.com/file/d/1UEoaFM5zlMcWqDcrYp6YeUap2EfkGeJC/view)
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PM sent. as per cp8759, contact him for further advice and I would ask him and/or mrmustard to represent you as this is a technical appeal. You will be in the best hands.
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Hello - I have received 8 of these tickets in the post before I realised the council changed the road conditions on New Park Road (D) in Lambeth to prevent a left turn by cars on 29th Dec.
There is a newly erected sign prohibiting cars after already turning the corner left from the main road, however the signs are not obvious until you have already turned into the street, i have driven the street every day for month’s habitually & didn’t notice them until the first of 8 tickets x £65 arrived.
I note the there is not any “no left turn” sign 613 signage before the turn at all just prior to the turn & nothing on the traffic lights either, however there is a yellow sign 100m prior saying “Advanced warning, no vehicular access to New Park rd <—“ about 70-100m prior to the turn but not obvious either.
I have added all the information requested into a PDF and loaded here on google drive https://drive.google.com/file/d/1SEMldNOXsD...iew?usp=sharing and would really appreciate your advice as over 500 pounds of tickets
I am embarrassed to say I just didn't notice the signs going around the corner as mostly concentrating on not running over pedestrians going around the corner there and conscious of other drivers running up my rear as well as busy intersection. I just got in habit of driving every morning and followed other cars around unaware of the signs as they aren't visible until you turn the corner then gone very quickly if you are looking out for pedestrians
I responded in the same manner to each one of the eight Pcns as follows already and recevied rejections:
“The road signage changed on the 29th December 2023 and there was no warning, I have driven this road for many months every morning habitually with no issue. I have revisited the main road turning into New Park Road and there is no signage before you turn to indicate the road use has changed, further the new signs are not visable until you have turned the corner already & at that point it is too late as you are watching for pedestrians. Until I received the first penalty I had no idea of this change & in the time since incurring till yesterday I suspect you will issue a total of 8 penalties for this same offence. This seems incredibly unjust & unfair. I am ok to pay one as a warning & I will no longer drive this road I have habitually driven for months.”
All replies so far have the same response:
"We have carefully considered what you say but we have decided not to cancel your PCN. We sent you a PCN because our CCTV camera evidence shows your vehicle going where vehicles are not allowed. The sign is round white and has a red border, with a picture of a motorcycle and motor vehicle. Road layouts change all the time, and it is the responsibility of the motorists to ensure that they are being adhered to. The signs are made of illuminated materials that are visible to motorists both day and night by the faintest of light."
another adds "Whilst we have noted your comments there is no exception applicable to your vehicle. The contravention occurs as soon as any part of the vehicle is seen passing the prohibition signs. Although we note your comments on multiple PCN's cancelled, unfortunately each PCN is dealth with on its own merit and does not constitute for automatic cancellation."
another adds "It is unfortunate you were unfamiliar with the rules that were in force. However, it is still up to drivers to be aware oif the signs and road markings and obey them."
Do I have grounds to object given there was not a no left turn sign in place? Is it mandatory they provide one?