Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: rfjammer on January 15, 2025, 09:36:11 pm
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PCN number:CR21920473Contravention number:53j
Click your reason or search for it below
I wasn't aware of the rules
I was picking up/dropping off a passenger
it was an emergency
my satnav misdirected me
using cameras to catch drivers isn't fair
this is a hire car - the hirer should pay
Search all reasons
*****
The above is gibberish.
I did this case if you want my help:
https://drive.google.com/file/d/1y9rwLAvWlIFvVUvDHqj6vMuNiGgVOe3d/view
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/bensham-lane-croydon/msg46690/#msg46690
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Enter the appeal online and screenshot please what you see.
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You'll have to state that new signs were erected after your PCN was served. The onus on them is to state when they were put up. They are very unlikely to tell lies, because then they can be prosecuted for malfeasance. Just remember this is not a murder trial. What does the latest GSV view show. Compare this with your own photos of the new signs. The council will never give way, you'll have to take them to London Tribunals or pay-up and join the Mugged Club.
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Don't pay ! If you do, it is game-over
Submit reps stating no advance signs and point out that days after your PCN the council erected advance signs on or around <date>, thus emphasising their previous inadequacy. Councils are under a duty in LATOR Regulation 18 to erect adequate signs advising of restrictions. So the council have essentially admitted they failed to do this.
https://www.legislation.gov.uk/uksi/1996/2489/regulation/18
Thanks, but I do not have proof of when the signs were put up - just some bloke on the streets say so, which legally isn't going to hold up. What I need to do is to prove that the signs went up after my infraction. How might I do this?
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Don't pay ! If you do, it is game-over
Submit reps stating no advance signs and point out that days after your PCN the council erected advance signs on or around <date>, thus emphasising their previous inadequacy. Councils are under a duty in LATOR Regulation 18 to erect adequate signs advising of restrictions. So the council have essentially admitted they failed to do this.
https://www.legislation.gov.uk/uksi/1996/2489/regulation/18
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Went for a run this evening back to where I got clocked by the camera and was disappointed to see that there were some very clear signs before the turning.
However.... as I stood there looking forlorn, a bloke asked me what I was doing (I was basically just staring at the sign), and I told him he said that the signs had only just been put up this weekend (which would have been after my infraction). Obviously a random bloke on the street is going to get me nowhere with my representations, so I suspect I'll have to ask the council when the signs went up - but they could take ages to reply.
What is the best way to proceed here? Should I pay the £65, ask the council and then appeal after if there is evidence that the signs went up after my infraction?
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Hold fire please. Screenshot their website pages and report back.
Sorry if this comes across as stupid, but which pages do you want me to screenshot?
The representations page(s) which are online.
Hopefully this is what you mean
<br><br>
(https://lh3.googleusercontent.com/pw/AP1GczMLf5gT0tYzRapPeUaNiQSkUEIPrWzCa2arh69S0-abtwT0_Fm7lay7lKXWfo00zKyTJ0m_PWu19npcWSyIBZGbDtDjICOpypr36WwYdABQ1eeOK7ZG=w1200)
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Hold fire please. Screenshot their website pages and report back.
Sorry if this comes across as stupid, but which pages do you want me to screenshot?
The representations page(s) which are online.
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Hold fire please. Screenshot their website pages and report back.
Sorry if this comes across as stupid, but which pages do you want me to screenshot?
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Hold fire please. Screenshot their website pages and report back.
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I think you may well struggle to overturn this PCN, because the left-hand sign at the road entrance is clearly visible on your approach, and this is a 20mph road. However, the BBC article of 2022, includes a statement from Croydon council - "Croydon Council said its signs were "compliant", but it would erect more signage warning drivers of the zone." Obviousy they haven't done so, so your representation needs to include this statement and point out that there is still no advance warning of the restriction. As you may know Croydon in totally bankrupt so probably decided not to bother putting extra signs in. They have a duty to install adequate signs of a restriction under LATOR Regulation 18
https://www.legislation.gov.uk/uksi/1996/2489/regulation/18
Your problem is that Croydon are likely to refuse your reps, thus forcing you to either pay-up or take the matter forward with the full PCN penalty in play.
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Good evening,
Hoping some kindly soul can help me out. On Jan 8th at 8.19 am I made a right turn from Brighton Road in South Croydon while heading north, this road then swings left 90 and then you can go right - you can see my path in the image below and a location of where the contravention happened is here: Location (https://maps.app.goo.gl/LNNRt7pkGMbo9jXf7)
(https://lh3.googleusercontent.com/pw/AP1GczPJp4WP09Hbi6Ns67qy1eewWmR1U3hlPfcLh1GMJlT1Uz7kbJg_Rouf8UBtU_VqBNU0_DU43x0sAAsSgIrRxj92bmGCsgkIi_WolYumhI9opnEfd6uc=w2400)
<br><br>The part of Haling Road that links to the B275 is time controlled as it has a school on it - no driving down there between the hours of 8am and 9am and is one way only - from east to west.
When I made the 'fateful' turn onto the one way street, I didn't spot the sign and, on further reflection, do not think they are clear and obvious - there are no 'pre warnings' and the sign itself is a white sign against a white background as the wall of the house is white. Two screen shots from Google Maps are below, one showing just before the turning where visibility of the sign is blocked, and another of the sign once the turn has been made.
(https://lh3.googleusercontent.com/pw/AP1GczPvnxjkWc2hGgVIK2ByNyLS1rbvZy_ySLIldpUSfe31c2AEBxcQYD2mt1NNOs_Kb7_feKM-811ebQA4ejNJ8NHAmlC7KtVAQ-FIA9DHjL9UMR5Uneq-=w2400)
(https://lh3.googleusercontent.com/pw/AP1GczPnLLjhpgoqeljQbF3-wQ0CfYGC3HGB-LTHmfnQtTnuqo_qqsPhKjnp9py8r1_F3EhutafeR22DEHYRzH9pfFf_Y8wVEn-X4MLBvQcDhJWyEu5hE_lF=w2400)
<br><br>I'd like to appeal this case as I think the signage is not clear and obvious and it is highly likely that even if you do spot the sign, the turn has already been made and given it is a one way street, you cannot back out. A quick Google search for "Haling Road PCN" shows that a lot of people are caught out here, with one example being found on the BBC: BBC Article (https://www.bbc.co.uk/news/uk-england-london-60221439)
A photo of the front of the PCN is below
(https://lh3.googleusercontent.com/pw/AP1GczP6ErAKz2jjVo8eElMbuCmojj92NePLGzzQfyuqxBtaJfAY9d2PL3u9Iwiyc2A3_yB5aRDevyBUtlo7gwt45IBJB_M6rBi18b2OP171qq-9kZk_KtYP=w1200)
<br><br>
Thank you in advance for anyone who can help me with this.