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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Roaduser16 on July 08, 2023, 09:08:40 am

Title: Re: Federal Road Ealing Council 52JM PCN driving northbound through width restrictor/permit only
Post by: mrmustard on July 18, 2023, 06:31:34 pm
Ealing were offering the wrong grounds on their website on 2 May 23) so Roaduser16 please take a photo of the grounds you are offered. They should be the same as on the printed PCN, if they aren't we should have a winning argument at the tribunal, where I have already won despite Ealing turning up (three of them) to argue.
Title: Re: Federal Road Ealing Council 52JM PCN driving northbound through width restrictor/permit only
Post by: cp8759 on July 18, 2023, 05:51:43 pm
Here is The Ealing (Prescribed Routes) (No. 186) Traffic Order 2023 (https://drive.google.com/file/d/1lCK3IIgTMeyD3WaWeUtRlcjcLztaxOUx/view?usp=sharing).

I can't see any faults with it but someone else might.
Title: Re: Federal Road Ealing Council 52JM PCN driving northbound through width restrictor/permit only
Post by: cp8759 on July 12, 2023, 11:41:12 am
I have requested the traffic management order, so you don't have to worry about that.

I see the discount is still available on the council website, so it might be an idea to just put a basic representation in just saying the contravention did not occur, in the hope that the discount will be re-offered. You can assume the council will reject anything you say, but if you make representations during the discount period, they will normally re-offer it in the rejection in the hope that you won't appeal.

Before you have to decide whether to accept their kind settlement offer or appeal to the tribunal, we should have the traffic order back.
Title: Re: Federal Road Ealing Council 52JM PCN driving northbound through width restrictor/permit only
Post by: Roaduser16 on July 12, 2023, 10:27:55 am
thanks CP8759 for your input. No not taken this further yet. But it was the timings of the restrictions I was questioning in my original post as per that case.

John UK- I'm not sure where you'd find TMOs, there was nothing else on the Ealing council website.
Title: Re: Federal Road Ealing Council 52JM PCN driving northbound through width restrictor/permit only
Post by: cp8759 on July 11, 2023, 11:15:37 pm
They must have made a new order because of what happened in Narmen Koye v London Borough of Ealing (2220888952, 07 January 2023) (http://bit.ly/3IzBbYS), I'll ask for it.

In the meantime, have representations been made?
Title: Re: Federal Road Ealing Council 52JM PCN driving northbound through width restrictor/permit only
Post by: mrmustard on July 09, 2023, 08:32:30 pm
Those are the adverts, we really need to see the actual Orders.
Title: Re: Federal Road Ealing Council 52JM PCN driving northbound through width restrictor/permit only
Post by: Roaduser16 on July 09, 2023, 08:30:09 pm
Thank you John
here are the TMOS I've been looking at:

This is the 1st March 2023 update
https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwie6fmtrYKAAxX3g_0HHWemAFgQFnoECBQQAQ&url=https%3A%2F%2Fwww.ealing.gov.uk%2Fdownload%2Fdownloads%2Fid%2F18780%2Ffederal_road.pdf&usg=AOvVaw33IwRfoC-OrSMEQ12uuc5t&opi=89978449 (https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwie6fmtrYKAAxX3g_0HHWemAFgQFnoECBQQAQ&url=https%3A%2F%2Fwww.ealing.gov.uk%2Fdownload%2Fdownloads%2Fid%2F18780%2Ffederal_road.pdf&usg=AOvVaw33IwRfoC-OrSMEQ12uuc5t&opi=89978449)

this is the October 2022 one
https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwie6fmtrYKAAxX3g_0HHWemAFgQFnoECBIQAQ&url=https%3A%2F%2Fwww.ealing.gov.uk%2Fdownload%2Fdownloads%2Fid%2F18068%2Ffederal_road.pdf&usg=AOvVaw3JyQKGiHBu0Mw2QxksZdeC&opi=89978449 (https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwie6fmtrYKAAxX3g_0HHWemAFgQFnoECBIQAQ&url=https%3A%2F%2Fwww.ealing.gov.uk%2Fdownload%2Fdownloads%2Fid%2F18068%2Ffederal_road.pdf&usg=AOvVaw3JyQKGiHBu0Mw2QxksZdeC&opi=89978449)
Title: Re: Federal Road Ealing Council 52JM PCN driving northbound through width restrictor/permit only
Post by: John U.K. on July 09, 2023, 03:22:15 pm
Quote
I've researched the restrictions on this street and I am unclear if the
"No traffic northbound" 24/7 or just at school times (this occured outside of this)?

GSV shows that in Dec 2020 there was a reference to times but that sign has now gone.

What was your source for researching the restrictions? There should be a TMO/TRO with up to date amendments.

Agree with Mr Mustard about the signage, but it has been simplified since 2020.

There is an advance warning sign here
https://www.google.co.uk/maps/@51.5362381,-0.3099399,3a,18.4y,363.33h,91.93t/data=!3m6!1e1!3m4!1sEjXn_K9k-ViySDyMsSnV7w!2e0!7i16384!8i8192?entry=ttu
Title: Re: Federal Road Ealing Council 52JM PCN driving northbound through width restrictor/permit only
Post by: mrmustard on July 09, 2023, 02:42:48 pm
Do you want to draft your representations and put them on here.

Try to be succinct and not damn yourself.
Title: Re: Federal Road Ealing Council 52JM PCN driving northbound through width restrictor/permit only
Post by: Roaduser16 on July 09, 2023, 02:28:50 pm
Thank you Mr mustard. You're right I was so worried about scraping the car I was looking more to the right width sign and my mirrors! Thanks for the advice

For John uk I have included a gsv link in the original post as well as a static shot.
Title: Re: Federal Road Ealing Council 52JM PCN driving northbound through width restrictor/permit only
Post by: mrmustard on July 09, 2023, 10:16:07 am
I think the signage is inadequate but doubt that Ealing will cancel so it would most likely see at the tribunal you with 100% of the penalty in play. The bother is that the no motor vehicles sign is on the left and the width restriction on the right and you can’t look both ways at the same time. The signs should either both be on one pole or duplicated so they cannot be missed at a time when you are concentrating on getting through without a scrape.
Title: Re: Federal Road Ealing Council 52JM PCN driving northbound through width restrictor/permit only
Post by: John U.K. on July 09, 2023, 06:56:57 am
Please add a GSV (Google Street View) link to the location, rather than a static picture.
Title: Re: Federal Road Ealing Council 52JM PCN driving northbound through width restrictor/permit only
Post by: Roaduser16 on July 08, 2023, 03:29:55 pm
Thanks, updated now!
Title: Re: Federal Road Ealing Council 52JM PCN driving northbound through width restrictor/permit only
Post by: John U.K. on July 08, 2023, 02:57:44 pm
Remainder of PCN, + GSV link to locatioon, please.
Title: Re: Federal Road Ealing Council 52JM PCN driving northbound through width restrictor/permit only
Post by: Roaduser16 on July 08, 2023, 02:38:00 pm
I've re read the sticky and amended my post with the pcn. Am I missing something?
Title: Re: Federal Road Ealing Council 52JM PCN driving northbound through width restrictor/permit only
Post by: cp8759 on July 08, 2023, 12:58:08 pm
Link to sticky thread: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
Title: Re: Federal Road Ealing 52JM PCN
Post by: mrmustard on July 08, 2023, 09:48:32 am
Please read the sticky thread above and amend accordingly
Title: Federal Road Ealing Council 52JM PCN driving northbound through width restrictor/permit only
Post by: Roaduser16 on July 08, 2023, 09:08:40 am
I've just received a PCN for driving through a "no-traffic except SS1 permits"/"width restrictor" northbound on this road (thanks to Satnav when I was hopelessly lost).


I've researched the restrictions on this street and I am unclear if the
"No traffic northbound" 24/7 or just at school times (this occured outside of this)?

Now Added
PCN both sides
https://goo.gl/maps/ditu5QGwejTx5ocv6
Shot from my dash cam as you enter the area.

Can anyone clarify this before I pay or appeal this?



Thanks in advance

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