Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Nelly30 on August 02, 2023, 11:20:28 am
-
OP--- Very well done, you put in a lot of work with that appeal.
Mike
-
RESULT - TfL have notified Tribunal they will NOT contest and PCN CANCELLED.
Thank you to all who commented.
-
Appeal lodged - willet you all know outcome
-
I appeal against the imposition of PCN GX......... under the following grounds
1/ The contravention alleged did not occur
As with the 50+ Allowed Appeals within the last year at this location, this comes about as the signage in situ is confusing to the extent that it fails in complying with the requirements of S18 of the Local Authorities Traffic Orders (Procedures) Act 1998. Road signage suggests that turning right is permissible, which was the case historically, and is supported by Case ref: 2220622423 and 2220629284 among dozens of others. Case ref: 223001073A expressly states "I find that the location is not signed in accordance with the prohibition created by Traffic Management Order 0196 of 2022."
2/ By way of collateral challenge. That TfL failed to consider representations
CCTV footage was requested from TfL but has not been received at the time of lodging this appeal. TfL did not consider my representations, in particular about the right hand arrow road marking. They have failed to even recognise its existance by stating, "...carriageway markings are in place informing drivers that they may only travel straight ahead or turn left." This is clearly untrue.
3/ Uncertain if I should also reference Case 2220767288:
"I have decided to allow this appeal because I find that the Notice of Rejection is defective for a number of reasons.
1. The Notice states that the amount outstanding is "£80.00" there is no actual mention of the full penalty of £160.00 (numerically), which is requested in the case summary and stated on the PCN.
2. On reading the rest of the Notice it is, therefore, unclear whether the "50%" increase is "of the original amount" or is a reference to the "£80.00" which is referred to at the foot of the Notice as being "The amounts owed are listed at the foot of this Notice".
3.I find that it is unclear whether payment of the "£80" is from the date of the Notice or from the date of Service of the Notice.
4. I find the point advanced by the Appellant's representative has some merit; the Notice lacks clarity and is confusing.
5. I find that the Authoity must act fairly and state when payment is to be made, that is 14 days from the date of the Notice or from the date of Service of the Notice.
6. I find that the lack of clarity has given rise to an ambiguity as to when the 14-day period ended.
7. The law is clear in that where an ambiguity exists it cannot be enforced against the party it disadvantages.
8. In this case when the Appellant attempted to pay the £80.00, he was not able to because the Authority had decided that the "£80" was from the date of the Notice as opposed to the date of service of the Notice, which was the time the "...full amount should be paid within 28 days" once again I record that the full amount is not stated numerically as £160.00.
9. Further, the Notice states that "In this instance we have decided not to exercise that discretion as we do consider the mitigating factors present give reason to cancel the PCN..." The problem with this statement is that the Appellant had not advanced any mitigating circumstances and, therefore, the statement is meaningless.
10. In light of the above I find that the Authority has failed to comply with Paragraph 1(7) of Schedule 1 of the London Local Authorities Act 2003, in that the Authority has failed to supply a proper and clear Notice of Rejection.
Taking these matters together I find that no contravention has been committed.
The appeal is allowed."
-
Maybe put a draft of your tribunal appeal on here before sending it off.
-
Thank you Mike. Was just about to quote your case, so saved me the trouble.
Also,case 2230078176 I mentioned in opening where Adjudicator Harman states: "I am not satisfied that signage/markings at this junction when taken as a whole are sufficiently clear and unambiguous to warn motorists of this prohibition and I accordingly find that the contravention has not been proved."
-
OP---What I said was that there had been 50 successful cases at this location in the past year and mentioned this particular case as of interest:---
223001073A
Ms Swainson sent a Notice of Appeal to the tribunal stating that it was not an appeal but a request for more time to pay. The appellant states that there was a delay in her receiving the Notice of Rejection due to postal strikes. When she wrote to Transport for London Ms Swainson stated that she was unaware of the new no right turn restriction.
The Traffic Management Order came into operation on 9th April 2022. It states that no person causing or permitting a vehicle proceeding northwards in the A2206 GLA Road shall cause or permit that vehicle to turn right into Jamaica Road.
The Traffic Management Order creates two exemptions for vehicles being used for police, fire brigade or ambulance purposes or for anything done with the permission of or at the direction of a police constable in uniform or a parking attendant. There are no other exemptions.
Transport for London provides a map and site photographs. The map states that the no right turn prohibition has an exception for pedal cycles, buses and taxis. There is a plate below the no right turn sign that sets out the exemptions to the prohibited right turn.
I find that the location is not signed in accordance with the prohibition created by Traffic Management Order 0196 of 2022.
I allow the appeals against each of the Penalty Charge Notices.
Mike
-
Noted about emailing to tribunal and requesting hearing.
As John mentions, I will fight on ambiguity of signage/Road markings.
In my other post a member mentioned there had been 50 cases this year in same location, so there is clearly a problem here
-
what did you put in your formal representations?
CP, see post reply#2 above and 2230078176 in opening post.
-
I have to make representation by 11th August (Am going to fight this one) so will appreciate any help to get representation together in case dvd does not arrive
The time for making representations has passed, you've got a Notice of Rejection so the next step is an appeal to the tribunal.
If you want to appeal, just fill in the form, scan or photograph it, and then email it to queries@londontribunals.org.uk (do not send it in the post). Always request a hearing, never a postal decision.
However I'm not entirely sure on what basis you want to appeal, what did you put in your formal representations?
-
I will post video when received but not sure when that will be.
I have to make representation by 11th August (Am going to fight this one) so will appreciate any help to get representation together in case dvd does not arrive
-
If you appeal to the tribunal your number plate will be published on the tribunal portal (just like everything else), whether you win or lose. If that really, really bothers you, you might just have to pay up.
If you want to carry on, you need to post the video and don't worry about your number plate being visible, everyone can see it every time you drive your car down the road.
-
Apologies and thanks for updated GSV link
-
Your GSV link is broken and leads to Welwyn. For some reason GSV never went along Southwark Park Road and this is the best I could find
https://goo.gl/maps/weeiNFEjA8qFtvgv5
-
Could we see you representation please, so we can see how well they considered it.
Are you claiming that it was not your vehicle and the numberplate has been cloned?
It was my vehicle and plate not cloned. Sorry, just stating how TfL have written the registration mark on PCN i.e. without space.
I don't have a copy of my representation unfortunately as I wrote it out online (will keep a copy in future) but basically stated road markings suggested right turn ok and cited the above appeal case.
TfL response in NOR does not acknowledge right road arrow.
-
Could we see you representation please, so we can see how well they considered it.
It is two numerals, space, three letters. The PCN shows number plate without spacing
Are you claiming that it was not your vehicle and the numberplate has been cloned?
-
Hi All,
Similar to a previous post(http://forums.pepipoo.com/index.php?showtopic=148593 and http://forums.pepipoo.com/lofiversion/index.php/t145341.html), I've received a ticket at this location:
https://goo.gl/maps/weeiNFEjA8qFtvgv5
I've uploaded photo of junction, original ticket and Notice of Rejection (despite using the ALLOWED Appeal case below in arguing). I know it is requested number plate be shown but I do not wish to show online. It is two numerals, space, three letters. The PCN shows number plate without spacing.
https://imgur.com/a/qe6uzCy
"2230078176
Contravention location SOUTHWARK PARK RD / JAMAICA RD
Penalty amount GBP 160.00
Contravention Performing a prohibited turn
Referral date
Decision Date 06 Mar 2023
Adjudicator Andrew Harman
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice.
Reasons The contravention alleged in these proceedings is that this vehicle performed a prohibited right turn at the junction of Southwark Park Road with Jamaica Road. Upon the appellant raising the issue of signage. There is a right turn arrow marked within a cycle lane located after traffic lights at this junction which I accept could only be taken to apply to cycles but there is also a right turn arrow marked on the carriageway prior to the traffic lights. That being so I am not satisfied that signage/markings at this junction when taken as a whole are sufficiently clear and unambiguous to warn motorists of this prohibition and I accordingly find that the contravention has not been proved."
I feel like this is a trap for motorists and therefore should fight. Can I have people's opinions please. I understand there have been 50 successful appeals in the last year.
Thank you