Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Dumbum on October 02, 2024, 02:56:00 pm

Title: Re: Redbridge PCN Entering pedestrian area
Post by: stamfordman on October 16, 2024, 04:42:18 pm
Probably best - certainly no hope on the contravention. The website issue possibly was the only way or some fault with the traffic order.
Title: Re: Redbridge PCN Entering pedestrian area
Post by: Dumbum on October 16, 2024, 01:39:34 pm
Having searched through other threads I can't find any instance of this strategy being successful.  Therefore I decided to take the 50% discount and pay it (today was the last day)

But thank you for your input anyway. Best wishes
Title: Re: Redbridge PCN Entering pedestrian area
Post by: Hippocrates on October 04, 2024, 08:19:36 pm
Draft

I make this formal representation against PCN...............VRM..................

1. There is no advanced warning signage.

2. There is an overload of signage at the actual location.

3. Your website contradicts the law - and your PCN -by only affording one main ground on which to make a representation. The legal maxim contra proferentem, even though it applies to contract law,  therefore applies as this causes confusion and ambiguity.

4. Mitigation: add them.

In light of the above, please cancel the PCN

*****



Choose: penalty exceeded the amount and enclose the screenshot to substantiate 3
Title: Re: Redbridge PCN Entering pedestrian area
Post by: Dumbum on October 04, 2024, 02:29:59 pm
Post up a draft first please.


Not sure what I should be putting.

Other grounds...

"This menu is only offering one option, etc etc."

Is that grounds?
Title: Re: Redbridge PCN Entering pedestrian area
Post by: Dumbum on October 04, 2024, 02:28:18 pm
Signs seem to be ok


https://i.ibb.co/tQ0QSjF/1728048078758.jpg
https://i.ibb.co/fnxrBkr/1728048078753.jpg
Title: Re: Redbridge PCN Entering pedestrian area
Post by: Hippocrates on October 04, 2024, 10:19:39 am
Post up a draft first please.
Title: Re: Redbridge PCN Entering pedestrian area
Post by: Dumbum on October 04, 2024, 09:37:13 am
@Dumbum Please go on to the website as if to challenge and report back what you see. On the left column it may well show Select one main reason which is wrong.


Many thanks. It appears to be the same

Read your other thread. Happy to give this a crack if there's a reasonable chance of success. I'm going that way later so will have a look and photograph the signs too. Will post them up later.


(https://i.ibb.co/JKBF4Wh/Screenshot-2024-10-04-09-28-32.png)
Title: Re: Redbridge PCN Entering pedestrian area
Post by: Hippocrates on October 03, 2024, 09:27:54 pm
@Dumbum Please go on to the website as if to challenge and report back what you see. On the left column it may well show Select one main reason which is wrong.
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/pcn-redbridge-31j-contravention-(yellow-box)/msg34088/#msg34088
Title: Re: Redbridge PCN Entering pedestrian area
Post by: stamfordman on October 02, 2024, 06:42:16 pm
Four mins is far too long for triviality - needs to be within a minute to try this.
Wait for others to check the PCN. 
Title: Re: Redbridge PCN Entering pedestrian area
Post by: Dumbum on October 02, 2024, 06:37:10 pm
I doubt lack of an advance sign will help but could have done if you turned out of the side road. I mention it because with school streets, clocking timed restrictions in advance is good practice and all I can think of.

Cheers again. It was actually 4 mins before the restriction ended. Don't suppose there's any mileage in challenging the accuracy of the camera time.

Was kind of hoping there would be a procedural issue with the PCN.

But hey-ho. You win some...🤷‍♂️
Title: Re: Redbridge PCN Entering pedestrian area
Post by: stamfordman on October 02, 2024, 06:33:38 pm
I doubt lack of an advance sign will help but could have done if you turned out of the side road. I mention it because with school streets, clocking timed restrictions in advance is good practice and all I can think of.   
Title: Re: Redbridge PCN Entering pedestrian area
Post by: Dumbum on October 02, 2024, 06:23:35 pm
Signs on both sides head on - there should be advance sign saying to turn right during school street hours.


Many thanks, I expect the sign is there but I will go and have a look
Title: Re: Redbridge PCN Entering pedestrian area
Post by: stamfordman on October 02, 2024, 03:20:59 pm
Signs on both sides head on - there should be advance sign saying to turn right during school street hours.

Google Maps view online predates the restriction. 

(https://i.imgur.com/hLByAP9.gif)
Title: Redbridge PCN Entering pedestrian area
Post by: Dumbum on October 02, 2024, 02:56:00 pm
I inadvertently entered a pedestrian zone. I am somewhat sensitive to light following cataract surgery earlier this year so usually have the sun deflector down which I think made me miss the signs. Not seeking to use that as a defence.

Just hoping someone can verify if the PCN (received today) is in legal order before I pay it.

Many thanks in advance

(https://i.ibb.co/bF3fX7y/20241002-144036.jpg) (https://ibb.co/kJydXMr)
(https://i.ibb.co/ZmJpjhx/20241002-144134.jpg) (https://ibb.co/FVWLrBz)