Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: pcnftla on October 25, 2024, 05:17:48 pm
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Hi,
I'd be grateful if you could share an update on how you responded and the outcome. I received two tickets, on the same day on the way to the library, for going through this place. Only realised the second time that this was restricted entry!
Many thanks.
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Thank you very much - let me know if you need any other information / want me to draft it.
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That's the one. I will draft something tomorrow. Part signage/part technical.
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This is the screenshot of that page: https://imgur.com/a/1PztLRP
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You need to screenshot the part on the left hand side of the page which states you should choose one main reason.
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Another question I had was:
It states "If we receive your representation within the discount period and your representation is rejected, we will give you a further opportunity to pay at the discounted rate."
If I have 4 days remaining - does that mean, if I lose, I will get 4 days or another 14 days for the 50% discount? I am concerned if I miss the notice/letter, there might miss the deadline for 50% discount.
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The options for challenge have the following options:
- I was not the owner of the vehicle at the time of the contravention.
- The vehicle was taken without my consent.
- We are a hire firm and the person hiring the vehicle had signed a statement accepting liability.
- The penalty charge exceeded the amount applicable in the circumstances of the case.
- There was no contravention of an order, failure to comply with an order or failure to comply with an indication on a sign.
- Other grounds.
I was considering using the second last option:
If I select that, I get the following:
Please explain why you think there was no contravention of a traffic order or why there was no failure to drive the vehicle in a way shown on the sign.
Please attach evidence to support your representations (if applicable)
What cannot be used:
https://www.redbridge.gov.uk/parking/penalty-charge-notices/grounds-for-not-accepting-a-challenge-or-appeal-for-a-pcn/
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Also, please go the website as if to challenge and screenshot what is states about grounds to challenge.
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This is a very common site for tribunal appeals.
Most seem to be lost but some won on quality and positioning of signs - glare on left hand sign, foliage, on bend...
One ground that should win and has is that the PCN just says route restricted to certain vehicles, but not what they are.
The problem is though that both the allowed appeals were by one adjudicator known for being helpful but others are also receptive.
(https://i.imgur.com/A41hWv5.gif)
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2230451870
Mr Johnson has attended the hearing today by telephone.
This PCN was issued for the alleged contravention of using a route restricted to certain vehicles in Clements Road.
A PCN is required to state the grounds on which the enforcement authority believes that the penalty charge is payable. Those grounds must be expressed in terms that allow the recipient of the PCN to properly understand the nature of the alleged contravention.
The Council says that this is a route restricted to buses, taxis and cycles only. This is not, however, clear on the face of the PCN which states simply that the vehicle used a route restricted to certain vehicles.
A motorist reading the PCN would not understand from the wording the nature of the alleged contravention because there is nothing to explain that the route is restricted to buses, taxis and cycles only. The PCN needs to explain, whether by wording or images, exactly what the prohibition is. Although there is an image on the face of the PCN, it is impossible to see any restrictions from this.
I therefore find that the PCN was invalid.
The CCTV footage from the Council shows that the vehicle was stopped immediately after passing the restricted route sign and reversed. Mr Johnson has explained that he stopped and reversed as soon as he realised the mistake. In my judgement, this does not amount to "using" a restricted route in any meaningful sense or interpretation of that word.
I allow the appeal for these reasons.
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2230153985
Mr White has attended the hearing today by telephone.
The CCTV footage shows Mr White's car passing the restricted route sign and stopping immediately after it. I accept Mr White's evidence that the car was immediately reversed. Mr White has explained that, by the time that he saw the signage, it was too late to stop quickly with the vehicle behind him.
The restricted route begins on the bend in the road. The footage shows that the glare of the light on the restricted route sign on the left hand side is such that it is unlikely to be clearly seen until the motorist is almost level with it. There also appears to be restricted visibility on the approach for the sign on the right hand side with overhanging tree branches. Although there is advance warning signage, it is not clear from the daytime images whether this would be clear for the motorist on the approach to the bend.
I am not satisfied that the signage was adequate to alert Mr White to the restricted route in time for him to safely take evasive action.
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Hi All,
Thank you for taking time to review this.
I took a Bus,taxi-ONLY-road by mistake and have been issued a PCN for it. The PCN: (https://imgur.com/a/BNCKAiy)
Going back and analysing the road on Street View, it seems:
- The main road suddenly converts into a Bus-ONLY Road, without adequate warning signages - the only way is to take a the narrow off-road from the main road to circumvent this. Otherwise we are stuck in the road which becomes a bus lane suddenly without able to move out of it (https://maps.app.goo.gl/Qqe9rmKJcv1BuHg37 (https://maps.app.goo.gl/Qqe9rmKJcv1BuHg37))
After this sign, (which itself is small and confusing), the next sign is on the road which is after the leaving road, and is too late to correct. - The sign only visible for people already on Clements Road and is not visible from approaching Clements Road From Kenneth Road (https://maps.app.goo.gl/cdNvdj65vN91uimo9)
Once I realised I was on the wrong lane, it was too late. I took a left out of this street immediately after this picture was taken. - Location where the camera has captured the image: (https://maps.app.goo.gl/YfqJFFg1rKapBoUi7)
This is too late as it is not possible to make a safe exit at this point. This is also not a lane where one can move over to the next one.
Also, the first image seems to not have been captured well - it appears black on the print out I am provided with.
Let me know if you need more details - I am happy to provide more context if that helps.
PCN: AF99339121 Website: https://my.redbridge.gov.uk/parkingpcn/
Thanking you in advance