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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: StunnedDad on January 30, 2025, 10:57:17 am

Title: Re: Performing a prohibited turn (no right turn) - LEE HIGH ROAD SE-BND JW CLARENDON RISE SE13
Post by: cp8759 on February 09, 2025, 01:33:46 pm
For reference the traffic order is The GLA Roads and GLA Side Roads (Banned Movements) Traffic Order 2024 (https://drive.google.com/file/d/1r3AeoGZ3wU1OyItl7vTsy3SK-r_R1-si/view). I suspect the restriction exists because otherwise traffic waiting to turn right would cause a queue that could block the previous junction, which is a major crossroad; the way to avoid this in future is to turn right into Lewis Grove and then left into Albion Way.

TFL photos:

(https://i.imgur.com/vr7u6VD.jpeg)

(https://i.imgur.com/2H4GsN6.jpeg)

GSV: https://maps.app.goo.gl/xp9Swd5R2TWE6m7i7

In terms of signage it's hard to see what else they could do, they've got three signs and you somehow missed all of them but they were there to be seen, so we'll have to go for some sort of technical challenge. The discount has already expired so at this point it's all or nothing, and with no discount on offer the main challenge to TFL's Notice of Rejection falls away (though it won't hurt to ask for the discount in the representations).

In the circumstances I'd suggest your best bet is the strategy of last resort, which is explained here: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/ealing-cumberland-road-w7-code-53j-failing-to-comply-with-a-restriction-on-vehic/msg56444/#msg56444

An example of this working is found in Simandeep Johal v London Borough of Lewisham (2230428653, 4 November 2023) (https://drive.google.com/file/d/1uO4vGI2oqMEn4AfG0PX8a90jO0Imon3E/view) but it requires some mitigation evidence to be available, it doesn't need to be anything connected to the contravention but it does have to be mitigating in some respect. Anything such as evidence of ill-health, recent bereavement, financial problems and so on.
Title: Re: Performing a prohibited turn (no right turn) - LEE HIGH ROAD SE-BND JW CLARENDON RISE SE13
Post by: StunnedDad on February 09, 2025, 01:02:55 am
@StunnedDad firstly give us the PCN number, for some reason you've redacted it. Also call TFL on 0343 222 3333 and ask for the video, they will send you a DVD and put the penalty on hold while you wait.

TFL have so many flaws in their processes that every single one of their PCNs are open to challenge, and if you act promptly you can appeal to the tribunal without even risking the discount, so there's no point in paying now.

PCN is GX22020697, sorry didnt realise. Here it is.

Appreciate the response, will call TFL and ask for DVD proof to buy me some time.
Title: Re: Performing a prohibited turn (no right turn) - LEE HIGH ROAD SE-BND JW CLARENDON RISE SE13
Post by: Hippocrates on February 08, 2025, 10:59:29 pm

I have replied via PM  and suggest cp8759 is best placed as he and TFL know each other.  ;D
Title: Re: Performing a prohibited turn (no right turn) - LEE HIGH ROAD SE-BND JW CLARENDON RISE SE13
Post by: cp8759 on February 08, 2025, 01:43:52 pm
@StunnedDad firstly give us the PCN number, for some reason you've redacted it. Also call TFL on 0343 222 3333 and ask for the video, they will send you a DVD and put the penalty on hold while you wait.

TFL have so many flaws in their processes that every single one of their PCNs are open to challenge, and if you act promptly you can appeal to the tribunal without even risking the discount, so there's no point in paying now.
Title: Re: Performing a prohibited turn (no right turn) - LEE HIGH ROAD SE-BND JW CLARENDON RISE SE13
Post by: Incandescent on February 05, 2025, 01:31:06 pm
I believe TfL postal PCNs based on CCTV evidence are vulnerable to a particular argument, so wait until others have responded, but don't miss the deadline for payment or reps submission or it's game-over.

Havent had any more responses to this request. Wish I could access the old history, to see how to best deal with this situation.
Or should I just pay up ?
Send a PM to Hippocrates first.
Title: Re: Performing a prohibited turn (no right turn) - LEE HIGH ROAD SE-BND JW CLARENDON RISE SE13
Post by: StunnedDad on February 05, 2025, 10:35:29 am
I believe TfL postal PCNs based on CCTV evidence are vulnerable to a particular argument, so wait until others have responded, but don't miss the deadline for payment or reps submission or it's game-over.

Havent had any more responses to this request. Wish I could access the old history, to see how to best deal with this situation.
Or should I just pay up ?
Title: Re: Performing a prohibited turn (no right turn) - LEE HIGH ROAD SE-BND JW CLARENDON RISE SE13
Post by: Incandescent on January 30, 2025, 11:57:33 am
I believe TfL postal PCNs based on CCTV evidence are vulnerable to a particular argument, so wait until others have responded, but don't miss the deadline for payment or reps submission or it's game-over.
Title: Re: Performing a prohibited turn (no right turn) - LEE HIGH ROAD SE-BND JW CLARENDON RISE SE13
Post by: 666 on January 30, 2025, 11:38:38 am
I have recieved a 50R penalty charge notice. It was dark and i didnt realise there was a no right turn. I dont normally go on those roads. So not aware there was even such a prohibition.

A quick look on Streetview shows three 'No Right Turn' signs, all illuminated.
Title: Performing a prohibited turn (no right turn) - LEE HIGH ROAD SE-BND JW CLARENDON RISE SE13
Post by: StunnedDad on January 30, 2025, 10:57:17 am
I have recieved a 50R penalty charge notice. It was dark and i didnt realise there was a no right turn. I dont normally go on those roads. So not aware there was even such a prohibition.

Is it worth fighting this or paying up ?

I have one too many tickets and cant afford to be paying these tickets or just get rid of the car!!

Would really appreciate as I am currently without a job and this is killing me

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