Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Avrumy on February 18, 2025, 11:45:18 am
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Hi
Can anyone provide advice or opinions on the following PCN appeal message to ensure it is clear, professional, and legally sound?
Thank you in advance
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I would first like to clarify a misunderstanding in your previous response to my initial request. In my earlier communication, I did not admit liability nor accept the validity of the charge. Rather, I simply requested an extension of the discount period due to being out of the country and unable to review the PCN in a timely manner. My intention was solely to allow myself adequate time to assess the circumstances and consider my options. At no point did I concede the contravention was valid or waive my right to appeal.
So, after considering the circumstances, I wish to challenge the validity of the PCN on legal grounds, specifically on the basis that the London Borough of Camden has failed to comply with the Traffic Signs Regulations and General Directions 2016 (TSRGD), making the enforcement of this restriction unlawful.
At the location where the PCN was issued, there is only a single sign placed after the junction, following the pedestrian crossing. There are no advance warning signs informing drivers of the restriction ahead. By the time the sign becomes visible, it is often impossible or unsafe for the driver to turn back, making compliance unreasonable.
The failure to provide advance signage contravenes established traffic signage guidelines:
• "It is essential that all signing provided is necessary, clear and unambiguous, and gives its message to road users at the appropriate time. The message must be quickly and easily understood at the point it is needed; neither too soon that the information might be forgotten, nor too late for the safe performance of any necessary manoeuvre." – Traffic Signs Manual (TSM) Chapter 1, 1.3.2
• "Signs to give advance warning of regulatory restrictions are sometimes needed;" – TSM Chapter 3, 1.6.4
• "This is to ensure that drivers have the necessary time to respond to the warning." – TSM Chapter 4, 1.9.1
Given that no advance signage was present and the restriction only became visible after the junction, I contend that the PCN is unenforceable due to non-compliance with the statutory requirements for adequate traffic signage. The absence of appropriate warnings means that drivers were not given a reasonable opportunity to avoid committing the alleged contravention.
In light of the above, I respectfully request that the PCN be cancelled due to Camden’s failure to provide proper signage in accordance with the TSRGD 2016 and the Traffic Signs Manual guidelines.
I appreciate your time in reviewing this appeal and look forward to your prompt response.
Yours faithfully,
[Your Name]
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I would pay. You got off one. I can't see that there is much success at contesting these Tottenham Court Road PCNs but you could try searching for this location on the tribunal register for decisions.
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Hi
Can anyone advice please?
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I received the email yesterday, Feb 26.
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So they've cancelled one and granted yr request to pay at discount for the other?
What is the date of their response?
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Hi
I received the attached letter in regards of the PCN above (in reply for the following message online: Your Notes: Dear Sir/Madam, I recently became aware of this letter, but as I was out of the country, I was unable to review it in a timely manner and consider the necessary steps. In light of this, I would appreciate it if you could grant an extension of the discount fare for an additional 14 days to allow me the opportunity to reconsider before making the payment. Thank you for your time and understanding. I look forward to your response. Best regards).
Please advice me how to go furthered with challenging it.
Thank you in advance
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We've seen this location before, (on Pepipoo I think). I don't know how that one panned out, but you could try looking at the London Tribunals statutory register, by typing in the location on the PCN, and a start date, (try 1st Jan 2023). There is only one sign and the street is very cluttered, so just the one sign and no advance warning is unfair in my opinion, but see what others say.
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Hi everyone,
I hope you're all doing well.
I've received two PCNs for the same location and violation code but at different times. I hadn't driven this route before or for a long time prior to this incident, so I was unaware that it had been changed to a bus-only road and unfortunately missed the sign.
Would there be any grounds to appeal both PCNs? For example, if the signage is unclear or does not provide adequate notice?
Additionally, I was out of the country and only saw the PCNs yesterday. I have already requested an extension of 14 days for the discounted rate due to my absence, and the ticket is currently on hold.
I'd appreciate any advice or guidance on how to proceed.
Thanks in advance!
P.S. The PCNs, photos, and location link are attached.
Ling to google drive with all pics: https://drive.google.com/drive/folders/10z-5QG7Ry2cJqo4wRMr6sQXQHNMjYo4_?usp=sharing
Link for google maps: https://maps.app.goo.gl/cYm7UnNE41PqDBQHA
Link for Gooogle street view (farther look): https://maps.app.goo.gl/8atz5PSEAbT9DBt46
Link for Gooogle street view (Closer look): https://maps.app.goo.gl/ea3YbwsxrgV3xNzj7
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