Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Cardryva on September 27, 2024, 07:26:03 pm
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This is the name of the game I am afraid. If they behave like the last two cases, the chances are good. Up to you.
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Hi @Hippocrates - welcome your opinion on whether it's really worth going down the adjudicator route, and whether I risk ending up paying £130 in the long run if I lose. Thanks for your input / advice up to this point. Basically it's a crap situation, and I guess I'm just gonna have to make one way or another. Thanks.
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In the other example there was a year between the fine and the adjudicator. Is this normal? My assumption would be they’ve learnt their lesson regarding the dated photos. If that is the case is it still really winnable. Also if I take it to the ajudicator and lose I’m liable for the £130 fine right? Anything else I should consider before making a decision?
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Standard NOR from them. Up to you. If they produce dated images as per the last case, it is winnable.
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@Hippocrates - response received. Welcome your reflections. Many thanks.
Page 1 (https://ibb.co/Sm9ZDg4)
Page 2 (https://ibb.co/3TM98PQ)
Page 3 (https://ibb.co/z4mKDb3)
Page 4 (https://ibb.co/XbMgrvB)
Page 5 (https://ibb.co/Z6Pn6jD)
Page 6 (https://ibb.co/9V2TTJk)
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@Hippocrates - many thanks for your timely response.
Just checking on my intended course of action. I intend to the challenge the PCN via the Penalty charge notice challenge portal on Harrow's GOV.UK website
I will make the following representation:
"Dear Harrow Council,
I make these formal representations against PCN - HR7580598A.
1. I was not familiar with the location in question as evidenced by the address to which the PCN was sent to.
2. I did not see any signage as it was inclement weather. This is in part evidenced by the fact that my headlights are on 0829 in the morning, and also that there is clear evidence of large amount of surface water on the road in the CCTV footage provided.
3. The video and photos provided do not show any upright sign allegedly passed.
In light of the above, I would be grateful if you could please cancel the PCN."
Is it worth me citing this judgement too - decision (https://drive.google.com/file/d/1tvfF0CgEGSzUL-UFu-h7LDFgjL4R0-k6/view) - or should the text in speech marks be sufficient.
Presumably if they come back and contest I should come back here with their response, or at the very least let you know the outcome?
Thank you for your assistance.
No! Keep it in reserve as they may well learn from it. The rest is fine.
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@Hippocrates - many thanks for your timely response.
Just checking on my intended course of action. I intend to the challenge the PCN via the Penalty charge notice challenge portal on Harrow's GOV.UK website
I will make the following representation:
"Dear Harrow Council,
I make these formal representations against PCN - HR7580598A.
1. I was not familiar with the location in question as evidenced by the address to which the PCN was sent to.
2. I did not see any signage as it was inclement weather. This is in part evidenced by the fact that my headlights are on 0829 in the morning, and also that there is clear evidence of large amount of surface water on the road in the CCTV footage provided.
3. The video and photos provided do not show any upright sign allegedly passed.
In light of the above, I would be grateful if you could please cancel the PCN."
Is it worth me citing this judgement too - decision (https://drive.google.com/file/d/1tvfF0CgEGSzUL-UFu-h7LDFgjL4R0-k6/view) - or should the text in speech marks be sufficient.
Presumably if they come back and contest I should come back here with their response, or at the very least let you know the outcome?
Thank you for your assistance.
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Don't go away. Back in a minute.
The footage is already there! www.harrow.gov.uk/pcn
Below is a case I won a few days ago. Don't mention it.
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/harrow-camrose-ave-bus-gate-33e-pcn-33e-using-restricted-to-certain-vehicles-bus/msg38148/#msg38148
Dear Harrow
I make these formal representations against PCN....
1. I did not see any signage as it was inclement weather.
2. The video does not show any upright sign allegedly passed.
In light of the above, please cancel the PCN
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These "squeeze" type restrictions are, to use a Dickens expression, a "London particular" so can be traps to the non-london person. Camrose Avenue has been a regular on this forum for quite some years, and, sorry to have to say it, you will find it very difficult to overturn the PCN. Having said that, there is no harm in trying, so prepare a draf of your representation based on your narrative here, and post it for review. It would seem weather is the key issue, but your non-familiarity with the London traps is another, and could get them to cancel the PCN if you work the reps the right way. So best to be non-confrontational.
Of course, the real question is this, - if the width restriction is to stop heavy and wide vehicles from using the road, why do the councils issue PCNs to vehicles that are NOT heavy and wide ? Of course we all know the answer, it's their Magic Money Tree gifted by Parliament.
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Penalty Charge Notice (https://ibb.co/tXRwQvV)
Circumstances as I recall as follows:
- Genuine mistake.
- Do not live in the area, staying with family in West Harrow, driving to Hertfordshire to visit a friend. The road is unfamiliar to me.
- From memory, there was a substantial amount of rainfall at the time of the alleged offence. I was driving in a downpour. Due to poor visibility my focus was centred on the road directly in front of me, and on any white markings in the road. The poor visibility is reflected in the fact that at 0829 in the morning I have my headlights on. There was significant surface water it was therefore difficult to make out any observable white markings indicating lane filtering including to a bus gate.
- Traffic on the stretch of road was limited, I had not observed a bus lane leading up to the gate and I had not observed buses travelling down that stretch of the road at the time.
- In addition, I did not observe advance warning of the bus gate restriction adjacent to the width restriction, up to the point I entered the bus gate.
- I entered the left hand lane, observing that the right lane was narrow and I was concerned my car would struggle to fit down.
Obviously have read up that this is a known trap. Essentially looking for advice on whether I should contest. Have emailed cctv.operations@harrow.gov.uk requesting CCTV footage. Any advice on whether I have a case or next steps much appreciated.