Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Numberuno on January 21, 2025, 09:02:37 pm
-
Hi Hippocrates,
Apologies for jumping on this post, but the exact thing happened to my mother picking up my father from the hospital.
Could I possibly see what you drafted for this?
Many thanks.
-
The website issue is for later. I trust you understand my points about them having to prove the signage which IMO is inadequate any way. I can draft something later.
-
Thanks for the advice, it seems as though there's a 50/50 chance, or maybe slightly better. I looked at a few of the reviews for the tribunial and they don't look promising. I think I might just pay this one as if I lose it will be the full amount, plus likely taking time of work to attend.
My bad. Apologies for PM!
Main issues:
1. No evidence of sign passed and inadequate.
2. Can this be used with a Bus Only legend?
3. Website does not contain grounds as far as I can see. Cases won on this very recently by cp8759 and myself.
I would certainly make a representation.
https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917
No problem. Thanks for your replies, I have not made payment yet. I agree that there should be a sign on the left side of the road as that is where you usually expect them.
1. With regard to number 1 it looks like I have driven past or at minimum level with the "no entry" sign on the right hand side, in the pictures and in the video.
2. Hopefully someone knows the answer to this.
3. On this point, are you talking about the PCN page? on there it has "Contravention 51j Failing to comply with a no entry restriction.
-
Thanks for the advice, it seems as though there's a 50/50 chance, or maybe slightly better. I looked at a few of the reviews for the tribunial and they don't look promising. I think I might just pay this one as if I lose it will be the full amount, plus likely taking time of work to attend.
My bad. Apologies for PM!
Main issues:
1. No evidence of sign passed and inadequate.
2. Can this be used with a Bus Only legend?
3. Website does not contain grounds as far as I can see. Cases won on this very recently by cp8759 and myself.
I would certainly make a representation.
https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917
-
Thanks for the advice, it seems as though there's a 50/50 chance, or maybe slightly better. I looked at a few of the reviews for the tribunial and they don't look promising. I think I might just pay this one as if I lose it will be the full amount, plus likely taking time of work to attend.
-
A typical money-grubbing PCN that we see so often.
You clearly stopped having seen the sign, but the video doesn't show you reversing back out, (naturally !!). In addition, the restriction, (a single No Entry sign), is, in my view inadequate, and should have been placed on the nearside to emphasis its applicability. Two, one each side of the approach, would have been better. Councils are under a duty in LATOR Regulation 18 to place adequate signage to indicate a restriction. Typical English regulation, because who decides whether it is adequate or not ? The council who put up the signs, of course !!
https://www.legislation.gov.uk/uksi/1996/2489/regulation/18
So your reps should contain two aspects, with recognition of the restriction but too late to avoid passing the sign, and the inadequacy of a single sign that lead you into the restriction. Do be aware that the council, ever greedy for your money, will refuse your representations, so you must be prepared to stand your ground and take them to London Tribunals. Driving a few yards past the sign then backing out is what I would consider a de minimis contravention, and occured due to the inadequate signage.
You have the absolute right in law to take them to London Tribunals, but must accept that the full PCN penalty will be in play. I think the odds are reasonable, but it's not a slam-dunk win, I'm afraid.
-
Sorry, here is a Google Maps link to the location and an image. Looks like I copied the wrong image codes in the OP.
(https://i.imgur.com/sOfAkjQ.jpeg)
https://maps.app.goo.gl/3KFz65bWHUGYhUMx8
https://imgur.com/sOfAkjQ
-
I'm not really familar with the area I got the ticket. I was there as I was picking up a relative from the hospital, as they went there with another relaitve but had to leave as they had an early morning appointment.
When leaving the hosiptal I was attempting to follow my sat nav and noticed that it was bearing/turning left ahead. Which is when I drove past the no entry sign,which was a for buses only lane. The left turn I needed to take was at the end of the bus lane. I sort of glimsed the sign as I drove past it. I pressed my brakes whilst past the sign and reversed back to check the sign, saw the no entry sign and reversed back out and went on the sort of roundabout to go past that no entry road and turn left just after it.
This may not be excusable but thought I'll have a check on here just in case or am I pretty much bang to rights and should just pay the £65? I was tired as I was about to go bed when relative phoned and asked if I could collect them,I was lost in the hospital for abit trying to find them. also I was probably slightly distracted by conversation with realtive as we just left the hospital and I following sat nav at the same time, which as I mentioned above I could see I was going to take the next left and assumed where I was driving was a normal road, until the sign registered with me a bit too late.
Thanks for any help or advice.
https://imgur.com/a/xhn7AVR
https://imgur.com/a/2zAothR
https://imgur.com/a/25ti5fc
https://imgur.com/a/3OMX6UV