Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: bhavin73 on January 05, 2025, 05:57:42 pm

Title: Re: Barnet Council 53J Entering during a restriction for a pedestrian zone
Post by: mrmustard on January 06, 2025, 09:39:28 am
So there are three open PCNs.

AG47328516, west of Thyra Grove, I think the signs are clear enough as you approach them head on.

AG47422547 & AG47266769 - the council will reject everything you say. An adjudicator at the tribunal might allow for inadequate signage, this being a personal opinion. Plenty of cases have been won and also lost. The council will probably throw in that you already knew about the restriction as you had already been sent a PCN, your earlier message implying that you paid two and didn't really look as to what you had done wrong and then did it again. That could be your undoing at the tribunal.

The second line argument is that you don't have the necessary degree of permanence in your lease in that the leasing company could demand the car back, if indeed the lease contains such a clause. The overall length of the lease is also material. That is a technical argument which would require us to see the entire lease and try to decide what an adjudicator would decide.

I'm a bit pessimistic about your situation (and also live in Barnet so know the most about locations and PCNs there) but that doesn't mean we can't beat the PCNs. You would have to risk £390 to fight all three PCNs to the end. It is your money and your choice.

If you don't live that far from the school perhaps the time has come to walk there which is the whole point of making streets near schools safer.
Title: Re: Barnet Council 53J Entering during a restriction for a pedestrian zone
Post by: bhavin73 on January 05, 2025, 10:57:48 pm
Hi
Thanks for checking.
The car is leased. I had paid 2 of the PCNs without checking and then received another so I checked the signage.
Title: Re: Barnet Council 53J Entering during a restriction for a pedestrian zone
Post by: stamfordman on January 05, 2025, 09:43:23 pm
You've already paid one PCN at this location and there's another outstanding. Also one paid, one outstanding for presumably another part of the school street. As Mr M says, is the car leased.

(https://i.imgur.com/Kd6Pq41.png)
Title: Re: Barnet Council 53J Entering during a restriction for a pedestrian zone
Post by: mrmustard on January 05, 2025, 09:04:03 pm
Unless thd car is leased the pcn is out of time
Title: Barnet Council 53J Entering during a restriction for a pedestrian zone
Post by: bhavin73 on January 05, 2025, 05:57:42 pm
Hi
I was dropping my daughter to school, following google maps. This was a different route that I had taken before but not in the morning.
I received the PCN last week following the contravention on 26/11/24.
I drove back there last week and saw the sign however, I completely missed it on the day I was driving as it was very small and very easy to drive past without noticing.
I would be grateful if there is some appeal due to insufficient signage or warning/notice. I believe they introduced this restriction in May 2024.


I have images of the PCN and of the signage here:
https://photos.app.goo.gl/9rMJZwoPitFFkULY6 (https://photos.app.goo.gl/9rMJZwoPitFFkULY6)
(https://photos.app.goo.gl/WSmfmG8A3TPQfMmj8)
(https://photos.app.goo.gl/BBoBdML7ERLxiKqr5)
(https://photos.app.goo.gl/oCgZDNWM4aU41yF58)
(https://photos.app.goo.gl/bs9izEwAMhzZRcCb6)
The location is here:
https://maps.app.goo.gl/2pJBXXUap7ofgcrS8 (https://maps.app.goo.gl/2pJBXXUap7ofgcrS8)

Many thanks in advance
Bhavin