Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: SergeantYT on December 03, 2024, 09:42:57 pm

Title: Re: Southwark 32d - Failing to drive in the direction shown by the arrow on a blue sign (proceeding in the wrong directi
Post by: Hippocrates on January 16, 2025, 12:44:13 pm
Sorry but the PCN is fatally flawed. You are missing the technical point I am afraid. I would take this all the way and have a hearing shortly on the same issue.
Title: Re: Southwark 32d - Failing to drive in the direction shown by the arrow on a blue sign (proceeding in the wrong directi
Post by: SergeantYT on January 15, 2025, 10:40:37 pm
No, I failed to see the one way sign and turned so it was my fault. Low chance of succeeding an appeal to be honest
Title: Re: Southwark 32d - Failing to drive in the direction shown by the arrow on a blue sign (proceeding in the wrong directi
Post by: Hippocrates on January 15, 2025, 08:43:11 pm
It’s fine I called them and they said they will reduce back to discount stage
Why did you do that?  Do you want representation as the PCN is flawed?
Title: Re: Southwark 32d - Failing to drive in the direction shown by the arrow on a blue sign (proceeding in the wrong directi
Post by: SergeantYT on January 15, 2025, 03:05:30 pm
It’s fine I called them and they said they will reduce back to discount stage
Title: Re: Southwark 32d - Failing to drive in the direction shown by the arrow on a blue sign (proceeding in the wrong directi
Post by: SergeantYT on January 15, 2025, 12:21:54 am
I just got a letter in the post on the 14th January saying my reorientation has been rejected and on the letter it says that it is at the discount stage of £65 but when I go to the website to pay the pcn it says I have to pay £130 I have attached a screenshot of the website and a picture of the letter. Also the date on the letter says 10th January but I only received it 14th January

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Title: Re: Southwark 32d - Failing to drive in the direction shown by the arrow on a blue sign (proceeding in the wrong directi
Post by: SergeantYT on December 06, 2024, 01:05:18 pm
I was completing deliveries which i have proof of.
Title: Re: Southwark 32d - Failing to drive in the direction shown by the arrow on a blue sign (proceeding in the wrong directi
Post by: stamfordman on December 06, 2024, 12:31:41 pm
We've seen a case or two before about people exiting from the estate. There is just the one sign on the opposite railway arch and could be obscured. The video doesn't show it.

Why were you on the estate?

(https://i.imgur.com/SnLRtdU.gif)
Title: Re: Southwark 32d - Failing to drive in the direction shown by the arrow on a blue sign (proceeding in the wrong directi
Post by: SergeantYT on December 06, 2024, 12:23:53 pm
Okay, I will thank you.
Title: Re: Southwark 32d - Failing to drive in the direction shown by the arrow on a blue sign (proceeding in the wrong directi
Post by: Hippocrates on December 06, 2024, 12:19:52 pm
So please use cp8759's draft as per the link and I will add more cases in support. Most of them were not contested or they failed to adduce any evidence.
Title: Re: Southwark 32d - Failing to drive in the direction shown by the arrow on a blue sign (proceeding in the wrong directi
Post by: SergeantYT on December 06, 2024, 12:14:21 pm
The pcn is attached to this.

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Title: Re: Southwark 32d - Failing to drive in the direction shown by the arrow on a blue sign (proceeding in the wrong directi
Post by: Hippocrates on December 06, 2024, 12:07:45 pm
We need to see the PCN as it may well be fatally flawed re when they can serve a charge certificate.

https://drive.google.com/file/d/1P94cs7ey2llbpjfcSyI6SI9nHsqDb5KP/view?usp=sharing

2nd sentence under the photos is wrong.

Southwark know me so I will advise privately what to write with cases in support I have won in the last few months. Hi guys, if you are watching.  ;D

For starters:

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/pcn-haringey-council-52(m)-failing-to-comply-with-a-prohibition-on-certain-types/msg9338/#msg9338

They failed to adduce any evidence in this one. I was the representative.
Title: Re: Southwark 32d - Failing to drive in the direction shown by the arrow on a blue sign (proceeding in the wrong directi
Post by: SergeantYT on December 06, 2024, 12:48:58 am
Thanks, I will do that, seems likely they will reject informal appeal but sure
Title: Re: Southwark 32d - Failing to drive in the direction shown by the arrow on a blue sign (proceeding in the wrong directi
Post by: Incandescent on December 04, 2024, 12:53:07 am
hi, i fear i may not have seen the sign even after looking on google maps. is there any way that i can argue the sign is far and difficult to see.
Of course you can argue that, but they will argue that to get to Arnold Estate, you would have had to drive along the one-way Druid Street which is signed one-way, although rather badly in my opinion: -
https://maps.app.goo.gl/cbAbnb8XRp31MAEf6
and
https://maps.app.goo.gl/CmH3cUWgeheiHoVC8

Why not submit reps on the basis that the one-way arrow is on the far side of the street, and totally inadequate to indicate the one-way restriction, there being no signs on Arnold Estate at all. Councils have a duty under LATOR (Regulation 18), to place signs that adequately convey a restriction. Of course "adequate" is subjective, so a win at the adjudicator is not guaranteed. You do, however, have the absolute right in law to take the council to London Tribunals if they decline your representations. The downside is that the full PCN penalty would be in play.
Title: Re: Southwark 32d - Failing to drive in the direction shown by the arrow on a blue sign (proceeding in the wrong directi
Post by: SergeantYT on December 03, 2024, 10:15:50 pm
hi, i fear i may not have seen the sign even after looking on google maps. is there any way that i can argue the sign is far and difficult to see.
Title: Re: Southwark 32d - Failing to drive in the direction shown by the arrow on a blue sign (proceeding in the wrong directi
Post by: Incandescent on December 03, 2024, 10:03:46 pm
 
Quote
but there were no signs to indicate that i wasnt allowed to turn left or that the road (Druid Street) was one way.
But the GSV of June 2022 shows a sign on the opposite side. Is this sign no longer there ? Or was it maybe obscured by a van or suchlike when you turned out of Arnold Estate ?
https://maps.app.goo.gl/tont95e8KnAFB2CFA
Title: Southwark 32d - Failing to drive in the direction shown by the arrow on a blue sign (proceeding in the wrong direction)
Post by: SergeantYT on December 03, 2024, 09:42:57 pm
Hello, I have recently just been charged with a PCN saying I went down a one way street the wrong way. Although that is correct, in my defence from where i came out of, there was no signage that showed that it was a one way street. I came out from 74 Arnold Estate and turned left onto Druid street (the one way street) but there were no signs to indicate that i wasnt allowed to turn left or that the road (Druid Street) was one way. The pictures shown on the website when i go to view the PCN all show the sign being in the opposite direction of the way i'm going in, making it impossible for me to know that this was a one way road shown by an arrow on a blue sign, as stated in the PCN.  The link to the street where i came out of is: https://maps.app.goo.gl/AdTuGwg3xdbxh1D67. If you cannot see the PCN image, the PCN number is JK12430616 and the VRM is YX63SBV.

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