Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: george74 on July 12, 2023, 06:47:47 pm
-
Hi all,
I have an update.
Thanks to MrMustard, the ticket was cancelled - many thanks to him.
The case went to tribunal. In the evidence pack, the council forgot to submit the representations that MrMustard submitted, so the appeal was accepted.
-
Please email me ddishman@creditlimits.co.uk and I will send you an authority letter to sign and then make the representations for you. It will be Sunday before I have time.
-
How should I proceed?
-
Thank you MrMustard! I appreciate it. I'm happy to keep challenging all the way to tribunal then.
-
You have a better than evens chance. I can represent you.
-
Member
Group: Members
Posts: 854
Joined: 25 May 2022
Member No.: 116,704
https://drive.google.com/file/d/1NH3MW_JS3g...hcL0XXchnp/view
That Order states:-
7. Nothing in this Order shall apply:-
a. To a vehicle being used for Fire brigade, Police or Ambulance purposes;
b. To anything done with the permission or at the direction of a police constable in
uniform; or
c. To any person who causes any vehicle to proceed in accordance with any
restriction or requirement indicated by traffic signs places pursuant to Sections 66
or 67 of the Road Traffic Regulation Act, 1984.
My comments in other threads on this location indicate that the yellow box cannot be controlled by an upright sign. Indeed, a motorist seeing a yellow box may legitimately believe that it is placed in order to facilitate a R/H turn. Ergo 7( c ) above may be a get out.
Under LATOR 1996 the Council must not place Traffic Signs which either confuse or mislead. Have they done so here?
Mick
The above is a comment from MMV Redux from the other forum.
I'm willing to go to tribunal if I have a good chance of winning.
-
The statutory no right turn sign is not optimally placed, I would argue it is inadequate. It should be placed at the biting point of the restriction so a bit further forward and really it needs to be on the right hand edge of the pavement as you look so it is more readily in a driver's eyeline.
The grounds of representation that are offered do not include that 'You were never the owner' nor that it is the liability for a PCN which must be mentioned not a general liability which could be for damage to the vehicle.
I doubt the council will cancel so there will be 100% of the PCN value at risk at the tribunal if nothing is ultimately to be paid.
-
I've added the remaining pages.
https://ibb.co/j8Dj89T
https://ibb.co/P9QsrqG
-
Please add all other pages of the PCN
+1, also here's the video:
https://www.youtube.com/watch?v=Dp8E1pkBUzU
The traffic order is The London Borough of Barking and Dagenham (Banned Turn) (Reede Road) Experimental Order 2022 (https://bit.ly/3VyrexF).
-
Please add all other pages of the PCN
-
VRN: EN72WYS
PCN: BZ99384714
I've received a PCN for making a prohibited right turn in Dagenham Heathway - a mistake some others on this forums have also made.
It looks like the restriction is relatively new althought not too new as a previous user posted back in Nov 2022.
I make this turn quite frequently and have never seen the signage (not blaming anyone) - I guess for the first time I made it during the restricted hours. There is only the one sign to indicate no right turn.
Not sure I have any challenge here but any help is appreciate.
https://ibb.co/F5DxXQ6
https://ibb.co/kyjTQR4
https://ibb.co/3z3KKVY
https://ibb.co/j8Dj89T
https://ibb.co/P9QsrqG