Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Rapid on September 04, 2024, 01:50:09 pm
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After carefully considering your case, and without prejudice to our position, I have decided
to use our discretion to cancel this PCN.
What a nice curvature of the word/euphemism.
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London Local Authorities and Transport for London Act 2003
Notice of Acceptance of Representation
Thank you for writing to us about the above Penalty Charge Notice (PCN).
After carefully considering your case, and without prejudice to our position, I have decided
to use our discretion to cancel this PCN.
This PCN was issued because the vehicle was observed and recorded by an unattended
camera, ignoring a ‘No Motor Vehicle’ except buses, taxis, and permit holders’ sign.
Private hire vehicles are not exempt. The exemption applies only to Hackney Carriages.
The restrictions are clearly signposted and are placed at different points prior to entering
and within the restricted area.
Drivers have a responsibility to comply with all signs and markings relating to road traffic
restrictions and directions.
Please be advised that we consider all cases individually, and so other PCNs issued in
similar circumstances may not be cancelled.
Access through this area via certain routes is restricted to residents and permit holders of
Hammersmith and Fulham. The scheme was brought in to reduce the amount of traffic
using the side streets in South Fulham avoiding the traffic on Wandsworth Bridge Road.
These restrictions apply 24 hours a day, 7 days a week including Bank Holidays.
Motorists who are visiting residents of the borough may use the restricted side roads
routes if given access by the resident.
Delivery drivers, trades people, mini cabs, and other non-residents can access any
property in the area without needing to go through a control point.
The West of Wandsworth Bridge Road Clean Air neighbourhood project was launched on
1 December 2022.
To avoid getting a PCN, non-H&F registered drivers should enter and leave the area either
via New Kings Road or enter and leave via Wandsworth Bridge Road.
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Please show their letter of retreat. "Without prejudice to our position". ???
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Indeed they are sir H&F are fair....But avoid Ealing at all costs they are bent as they come.!!!
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Told you they'd probably cancel. H&F a rare beacon of light in a land of parking darkness.
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Hi All,
Good News the PCN has been canceled
"How do you like those Apples? After carefully considering your case, and without prejudice to our position, I have decided to use our discretion to cancel this PCN. This PCN was issued because the vehicle was observed and recorded by an unattended camera, ignoring a ‘No Motor Vehicle’ except buses, taxis, and permit holders’"
Further down the email they did say that warnings are displayed all along the road. This in fact is not true as there were no warnings display except at the Width restriction.
But hey it's a good result.
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Thanks for the advice, very sneaky as anybody would just think it's the usually 6 by 6 warning sign which have been there since the 1988! Yes that's how long it has been there.
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They have cancelled first time contraventions here. It helps if you were accessing a local street but you weren't so nothing to add there.
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I know the area pretty well but not driven through there in many years. As moved out of the area. I had to meet someone in Merton but could not make may way back via M25 so went through Fulham.
There has always been a sign at the 6 by 6 so it looks like that have just added to it the only issue is its right on the 6 by 6 so the only chance you really have of reading it is if you are basically half way through the 6 by 6.
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Hi Stamfordman,
Thanks for the assistance with this.
Please see my response:
I wish to appeal the PCN. As you can see from my address I do not live in the area anymore but worked in the area about 15 years ago and know the Width restriction very well. But was unaware of the new changes. If there was prior warning then I would have been alerted to the fact that I could no longer go through the width restriction (6 by 6). When I turned on to Carnwath road there was no warning of the new restriction. I then entered into Peterborough road and again no warning of the restriction. The Width restriction is about half way in the middle of Peterborough road again I saw no warning signs of the new restriction ahead, now when I approached the width restriction the only option you have is to get into the white lane and line your car up in order to transition through at this point you have no opportunity to stop and turn around as you are already committed or you could damaging your vehicle. As I have already travelled half way down Peterborough road I had no idea that the rest of the road was closed to me. It is not easy to read the small signage at night while negotiating the width restriction (6 by 6) also there was a car turning in front of me this would make it difficult to negotiation, also when you enter the Width restriction there was no place to stop and pull and over to read the small signage as you are already in the white funnel to go through. Now I know that it is there I will not travel down that road again. Having the signage high above the restriction makes it hard for the driver to read and negotiate the restriction at the same time. I feel fair warning for drivers would help a driver be aware of whats ahead as I have not found a road that has a chargeable restriction half way though it without prior warning.
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It's best to draft a challenge here first so we can amend. But as long as you made a polite ask it may be cancelled. We didn't get to explore why you were in the area as that can help.
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Sent my response off.
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Ok I will formulate a response.
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Hope this works.
The problem I have with this is that the warning should be on the entrance to the road . They have placed it in the middle of the road in a 6 by 6 by then it's too late to turn around as you are now half way down the road.
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And amend the title as per the read me sticky. Titles must be descriptive of where and what.
Possible good news is that H&F has been forgiving for 1st timers in these restrictions.
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Tried to upload an image but had issues but it was the same as the above post same lane but at 20:25 at night
For posting images etc please have a read of the guidance
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/
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Hi All,
Woke up this morning to a PCN from Hammersmith & Fulham.
I used to drive around this street for many years since the 1980's but have moved out of town and did not know that they have changed the restriction on the 6 by 6.
I feel that there should have been fair warning as it has been like this for may and I have not driven this way for over 6 years.
Another driver was caught in the same place it's like a trap see here: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/south-fulham-clean-air-neighbourhood-trial-failing-to-comply-with-a-prohibition-/
The signage looks more or less like the same as the original one so a bit unfair. How are you supposed to be negotiate a 6 by 6 and read a sign posted high above at the same time ?
What are my Grounds for a cancelation?
Tried to upload an image but had issues but it was the same as the above post same lane but at 20:25 at night
Rapid
https://www.dropbox.com/scl/fi/fkf15t69u38yy71avzuui/hammersmith2.jpg?rlkey=1hjd152z09l9gytvbttbb1sa6&st=qmz3vzng&dl=0