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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Tasou on July 04, 2023, 12:05:52 am

Title: Re: Islington, 53J (restriction on vehicles entering pedestrian zone), Sussex Way
Post by: cp8759 on July 04, 2023, 06:05:26 pm
Quote from: MMV Redux on July 04, 2023, 05:45:15 pm
My apologies, they read OK on the Pepipoo site I just thoughtlessly copied them over.
No problem, if you copy them from one pepipoo thread to another they also break, as long URLs get shortened by all forum software.

Anyway, here's some draft reps that Tasou can send:

Dear London Borough of Islington,

The video footage shows that the council's clock purports to detect my vehicle entering the street at 3:59:55 pm, only 5 seconds prior to the end of the restriction. Even if the camera's clock is synchronized with the atomic clock to ensure 100% accuracy, this is plainly a de-minimis contravention and common sense would dictate that the penalty should be cancelled.

Yours faithfully,


Don't worry if they reject, just post the rejection letter on here and we'll advise on the next steps.
Title: Re: Islington, 53J (restriction on vehicles entering pedestrian zone), Sussex Way
Post by: guest17 on July 04, 2023, 05:45:15 pm
My apologies, they read OK on the Pepipoo site I just thoughtlessly copied them over.

Mike
Title: Re: Islington, 53J (restriction on vehicles entering pedestrian zone), Sussex Way
Post by: cp8759 on July 04, 2023, 05:21:23 pm
Mike there's a reason I use bit.ly, the links don't break when you copy / paste them:

http://bit.ly/2W1ni9T

https://bit.ly/3qZ4ycj
Title: Re: Islington, 53J (restriction on vehicles entering pedestrian zone), Sussex Way
Post by: Tasou on July 04, 2023, 02:25:07 pm
I cannot open these files. I get a message that the files don't exist. Could you check please? Here is my email if that helps: tasoupalisid@gmail.com

Thank you so much for responding!
Title: Re: Islington, 53J (restriction on vehicles entering pedestrian zone), Sussex Way
Post by: guest17 on July 04, 2023, 08:05:24 am
OP---read this post:-

http://forums.pepipoo.com/index.php?showto...t&p=1742871

These are the successful "clock" cases:-

https://drive.google.com/file/d/1T5tOZQ19JA...-Gys8rMHCj/view

https://drive.google.com/file/d/1uR5X6wTu0q...IHWta81xmL/view

Mike
Title: Re: Islington, 53J (restriction on vehicles entering pedestrian zone), Sussex Way
Post by: Incandescent on July 04, 2023, 01:22:16 am

Very obviously the usual absurd money-grubbing PCN we see far too often, as the traffic management benefits of whalloping you for less than one minute are nil.

You should therefore submit representations on the basis that your car clock showed a time of just after 16.00, so you entered the street.  This contravention is what legal people call "de minimis", too trivial to be bothered with, but with councils keeping the money from PCN payments, they just cary on.
There is an adjudication somewhere in London Tribunals where the council were shot down in flames on issuing PCNs right at the end of a restriction period. There may also be guidance on this from London Councils, but others more "London" experienced will be able to point you in the right direction. 
Title: Islington, 53J (restriction on vehicles entering pedestrian zone), Sussex Way
Post by: Tasou on July 04, 2023, 12:05:52 am
I would appreciate some advice on how to appeal my 53J (faling to comply with a restriction on vehicles entering a pedestrian zone) council ticket.

I entered my car on a street (Sussex Way, N7 6RB) that had a daily restriction between 15:00 and 16:00, turning the road to a pedestrian road due to the school on it. The first picture of my car entering the street (you can clearly see the car half way through turning) was taken at 15:59:55. Only 5 seconds before the restriction gets lifted. The rest of the pictures on the ticket I was sent (with the car driving down the road) are after 16:00:00.

Can I appeal? What exactly can I use as my defense?

Here is a link of the street: https://goo.gl/maps/bH7Xx3TKMoNLGzeF8

Thank you all in advance for reading this!!

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