Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: simionlevi on February 22, 2025, 01:11:47 pm

Title: Re: Wokingham Council, 38J - Failure to pass to the specified side of sign. Murdoch Road
Post by: simionlevi on February 22, 2025, 03:21:16 pm
Here's the reverse of the PCN. (https://imgur.com/a/ipSCmBr)

The dashcam is quite far to the near side, the driver would've had a better view up the road whilst we can only see the back of the van on approach. They've said the van driver waved them round - I do see head and arm out the window in the dashcam video
Title: Re: Wokingham Council, 38J - Failure to pass to the specified side of sign. Murdoch Road
Post by: John U.K. on February 22, 2025, 02:03:56 pm
Please post the rest of the PCN (often mistakes in the 'small print' and the Council video, which is the evidence.

Like Stamfordman, I am concerned that your video shows no pause in driving.  How did the driver know that
a) the lorry was stuck and
b) the road ahead was clear.
Title: Re: Wokingham Council, 38J - Failure to pass to the specified side of sign. Murdoch Road
Post by: stamfordman on February 22, 2025, 01:57:54 pm
Unless there is an issue with the wording on the PCN or website you will probably end up paying the discount.

The driver didn't wait to see if the situation would resolve itself and I can't see the council agreeing this was unavoidable but no ask no get.   
Title: Wokingham Council, 38J - Failure to pass to the specified side of sign. Murdoch Road
Post by: simionlevi on February 22, 2025, 01:11:47 pm
38j - Failing to comply with a sign indicating that vehicular traffic must pass to the specified side of the sign


A family member passed to the right of a keep left bollard as a box van had managed to get themselves stuck in the width restriction. They have received the attached PCN (https://imgur.com/a/18-02-2025-Igh2SUH) today.

I'm inclined to think I should be writing a short appeal on their behalf under A: contravention did not occur... or you believe an exemption to the regulations applies, for example you were forced to drive against the traffic restriction for some reason.

I'm mindful that the particular approach can be important, so any advice on how to structure the appeal would be very gratefully received.


(https://imgur.com/a/18-02-2025-Igh2SUH)
https://maps.app.goo.gl/cpL9fZuW4yfsVewC7


Dashcam video (https://youtu.be/IMkry-AyTXI)