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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: jon on February 05, 2025, 05:08:12 pm

Title: Re: PCN Lambeth - failing to complay with a prohibition on certain types of vehicles
Post by: Hippocrates on February 06, 2025, 09:27:31 pm

@jon Please screenshot the website page re payment status and give us at least the date of the PCN and VRM and PCN number.

Title: Re: PCN Lambeth - failing to complay with a prohibition on certain types of vehicles
Post by: John U.K. on February 06, 2025, 05:48:21 pm

Quote from: jon on February 06, 2025, 05:30:02 pm

Thanks for the feedback. I've posted everything I have already and the GSV predates the signage so have decided on balance to cut my losses and pay.  Thanks again.  :'(

I still don't see the rest of the PCN? I suspect that with the help of @Hippocrates , you may have been able to cut your losses to zero. But it's your choice. Without the date of the PCN we are in the dark about deadlines.

Title: Re: PCN Lambeth - failing to complay with a prohibition on certain types of vehicles
Post by: jon on February 06, 2025, 05:30:02 pm

Thanks for the feedback. I've posted everything I have already and the GSV predates the signage so have decided on balance to cut my losses and pay.  Thanks again.  :'(

Title: Re: PCN Lambeth - failing to complay with a prohibition on certain types of vehicles
Post by: Hippocrates on February 05, 2025, 10:37:06 pm

The current way to beat this is to screenshot all pages re payment status.  Please do this now and report back.

Title: Re: PCN Lambeth - failing to complay with a prohibition on certain types of vehicles
Post by: Incandescent on February 05, 2025, 10:27:59 pm

Please post a GSV street view of the location, but I suspect GSV is not sufficiently up-to-date here.

No advance sign gives you some leverage. Councils are under a duty under LATOR Regulation 18 to place adequate signage of a restriction. Trouble is there is no definition of 'adequate'.
https://www.legislation.gov.uk/uksi/1996/2489/regulation/18


The council are unlikely to give way, so you'd have to take them to London Tribunals for a result and risk the full PCN penalty. The council may well argue that as its a 20mph area, you should be easily able to see the signs and not turn into the street.Your photos indicate otherwise, of course.

Title: Re: PCN Lambeth - failing to complay with a prohibition on certain types of vehicles
Post by: John U.K. on February 05, 2025, 05:14:57 pm

Please post the rest of the PCN (there are often mistakes in the 'small print') and a GSV link to the location.

Title: PCN Lambeth - failing to complay with a prohibition on certain types of vehicles
Post by: jon on February 05, 2025, 05:08:12 pm

Hi,

Travelling North on A205 and turned left onto Carson Road in West Dulwich and didn't notice the low traffic neighbourd signage at the entrance to Carson Rd. The entrance to Carson Rd from the A205 is a T junction.  I have checked and there is no advance signage on the A205 from the direction I was travelling advising no access for motor vehicles to Carson Rd.  Is this sufficient grounds to appeal the PCN?

In addition, I would also argue that the two low traffic signs at the entrance to Carson Road are not clearly visible to oncoming traffic if travelling north on the A205.  The first sign faces directly out onto the A205 so is completely invisible to on coming traffic from the direction I was travelling.  The second sign which is tilted slightly towards oncoming traffic travelling north is partly obscured by the first sign.  As such it is also not clear.

Both signs are therefore only clear once you are actually turning into Carson Rd which is too late.

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