Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: chopwell20 on October 19, 2024, 09:56:21 am
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Adjudicators are usually very strict on these - following other vehicles is not a defence unless there is some kind of incident or blockage that is reasonably beyond your control.
See this one where we think there is case owing to some kind of accident and police presence. In the thread you'll see I posted a decision and video where you would have thought there's a good case but t was refused. But adjudicators can differ of course.
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/barnet-council-pcn-38l-failing-to-comply-with-a-sign-indicating-that-vehiculartr/
Thank you - i am checking the details of the case you referred.
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Adjudicators are usually very strict on these - following other vehicles is not a defence unless there is some kind of incident or blockage that is reasonably beyond your control.
See this one where we think there is case owing to some kind of accident and police presence. In the thread you'll see I posted a decision and video where you would have thought there's a good case but t was refused. But adjudicators can differ of course.
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/barnet-council-pcn-38l-failing-to-comply-with-a-sign-indicating-that-vehiculartr/
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on the approach 2 cars were struck behind the van on hazard and all were stopped behind the van - but there were more cars on front of me over taking the stopped vehicle behind the van on hazard - so i continued as them.
The video doesn't show this(even if this was a defence).
Your call.
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best you are given realistic advice. in this case unless someone sees anthing wrong with the paper work...
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Just goes to show that until one sees the video, one can only rely on the OPs version of events. It's only right at the end of the video, when the van moves off, that one see the queue of traffic behind it which the OP passed at speed.
Yes, a definite lose at London Tribunals unless the OP can tell us more.
on the approach 2 cars were struck behind the van on hazard and all were stopped behind the van - but there were more cars on front of me over taking the stopped vehicle behind the van on hazard - so i continued as them.
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The video shows that you were never 'struck behind a stopped vehicle' but that you approached the width restriction at speed and on the wrong side of the road. Do you have evidence which counters what the video shows?
I agree completely with HCA. I don't think the OPs argument will stand any scrutiny and an adjudicator will see what I see on the video. An impatient driver.
The OP approached the scene on the wrong side of the road after passing one or more stationary car/s behind the van and also passed a previous traffic island again on the wrong side of the road
edit... stamf beat me to it
Thank you
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I think you'll be paying this. Looks like you overtook a queue while the van driver was wondering what to do (and seems to have also opted to take the PCN).
(https://i.imgur.com/p1mpDDA.gif)
Thanks
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The video shows that you were never 'struck behind a stopped vehicle ' but that you approached the width restriction at speed and on the wrong side of the road. Do you have evidence which counters what the video shows?
Thank You.
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Just goes to show that until one sees the video, one can only rely on the OPs version of events. It's only right at the end of the video, when the van moves off, that one see the queue of traffic behind it which the OP passed at speed.
Yes, a definite lose at London Tribunals unless the OP can tell us more.
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The video shows that you were never 'struck behind a stopped vehicle' but that you approached the width restriction at speed and on the wrong side of the road. Do you have evidence which counters what the video shows?
I agree completely with HCA. I don't think the OPs argument will stand any scrutiny and an adjudicator will see what I see on the video. An impatient driver.
The OP approached the scene on the wrong side of the road after passing one or more stationary car/s behind the van and also passed a previous traffic island again on the wrong side of the road
edit... stamf beat me to it
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I think you'll be paying this. Looks like you overtook a queue while the van driver was wondering what to do (and seems to have also opted to take the PCN).
(https://i.imgur.com/p1mpDDA.gif)
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The video shows that you were never 'struck behind a stopped vehicle ' but that you approached the width restriction at speed and on the wrong side of the road. Do you have evidence which counters what the video shows?
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Please to post all sides of the PCN. redacting only yr name & address.
(https://i.ibb.co/gMKM2BS/New-Doc-10-19-2024-14-24-Redacted-Page-1.jpg) (https://ibb.co/TB3BfF4)
(https://i.ibb.co/zRc8fgy/New-Doc-10-19-2024-14-24-Redacted-Page-2.jpg) (https://ibb.co/Yk9DjSz)
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Please to post all sides of the PCN. redacting only yr name & address.
Thank you and posting it in a min
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Agree with Incandescent. On your approach you wouldn't be able to see the blue arrow. And most likely not the width restriction either.
Thank you.
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Well, how would you have seen the blue arrow sign with the van blocking the way ? The contravention did not occur, but you'll inevitably have to take them to London Tribunals for a decision your way.
Thank You.
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Agree with Incandescent. On your approach you wouldn't be able to see the blue arrow. And most likely not the width restriction either.
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Please to post all sides of the PCN. redacting only yr name & address.
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Well, how would you have seen the blue arrow sign with the van blocking the way ? The contravention did not occur, but you'll inevitably have to take them to London Tribunals for a decision your way.
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Dear all :)
got this PCN from redbridge while i was struck behind a stopped vehicle and kindly see the image and advice if i could appeal on the basis of van blocking the barriers.
Contravention date: Saturday, 12 Oct 2024 13:41
Contravention: Failing to comply with a sign indicating that vehicular traffic must pass to the specified side of the sign
Street: OVERTON DRIVE; WANSTEAD
Location:
Status: Penalty Charge Notice Posted
(https://i.ibb.co/dbmmw2S/Map-Image-1.jpg) (https://ibb.co/0BssRMk)
(https://i.ibb.co/nrY55zL/MapImage.jpg) (https://ibb.co/2qCffgk)
https://youtu.be/VK_m4aDn7IE
Thank you for your time and looking into this.
KR