Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: ASIN on March 02, 2025, 09:47:57 pm

Title: Re: PCN, Battersea Park Road, no left turn to Stanmer St SW11
Post by: Incandescent on April 04, 2025, 11:29:32 pm
Well done to everybody !!
Title: Re: PCN, Battersea Park Road, no left turn to Stanmer St SW11
Post by: cp8759 on April 04, 2025, 10:47:32 pm
We filed an appeal with the tribunal which TFL has DNC'ed, no TEC involvement.
Title: Re: PCN, Battersea Park Road, no left turn to Stanmer St SW11
Post by: cp8759 on March 04, 2025, 10:25:33 am
I was told I would now have to wait for the county court order and explain why I hadn't paid.

@ASIN that's not correct, you can file and out of time appeal with the tribunal, which is much quicker than faffing about with the county court. I'll drop you a PM in case you'd like me to represent you.
Title: Re: PCN, Battersea Park Road, no left turn to Stanmer St SW11
Post by: ASIN on March 04, 2025, 08:32:05 am
Thanks, apologies, I added the wrong jpg as I'd blocked out my name. Must've added the wrong one. Thanks

Thank you so much for the advice with the CC as well. I did ask for the video and the woman gave a vague answer and just said she can view it.

I will take the steps you have suggested and let you know how I get on.

Many thanks again.
Averil
Title: Re: PCN, Battersea Park Road, no left turn to Stanmer St SW11
Post by: John U.K. on March 03, 2025, 08:44:15 am
You need to edit your first image to remove yr name & address.

You may find this guide to process helpful:

https://www.ftla.uk/announcements/charge-certificates-london-local-authorities-and-tfl-act-2003-london-l-1805/
Title: Re: PCN, Battersea Park Road, no left turn to Stanmer St SW11
Post by: Incandescent on March 02, 2025, 10:20:00 pm
You cannot submit representations against a Charge Certificate, only pay it. However the next stage of the process is the debt is registered at the Traffic Enforcement Centre. This adds £10 to the CC amount, but more importantly, allows you to submit a Statutory Declaration. The form for this is the PE3 which you should fill in, get witnessed, and then sent to TEC. They then cancel the CC and OfR and the matter reverts to the representations stage, with the amount back to £130.

It's a pity you didn't come on this forum a lot earlier. First step for any TfL PCN for a moving traffic offence is to request the video. I am astonished the TfL agent you spoke to didn't mention this. So you need to contact them again and request the video to see if it confirms their statement that the sign was not obscured.

Here is the GSV view as one approaches the banned LH turn : -
https://maps.app.goo.gl/eQ8zeCrDj1ZUCNrVA

There is just a single NLT sign that, from its height, could be easily obscured by a high-sided vehicle, probably a bus. The video should show this is the case or not.  The sign was changed sometime between GSV views of 2014 and 2015. The previous sign was on a bright yellow square background, but not illuminated. The sign now no longer has the yellow background but is now illuminated.
https://maps.app.goo.gl/3qSTGAhcc4PDjXx3A

Title: PCN, Battersea Park Road, no left turn to Stanmer St SW11
Post by: ASIN on March 02, 2025, 09:47:57 pm
Hi I am hoping someone can help me on here. My son received a PCN on 21.11.24 for taking a left turn into a no left turn road.

He swore there wasn't a sign and when I looked at the PCN I couldn't see a sign. On google maps there does appear to be a sign but its 4 metres before the junction and there is a bus route which can obstruct it. I rang TFL and asked to see the video but she was very vague and just said she'd looked at the video and it was on there. I made an appeal based on the fact I could not view a sign on the photographic evidence they supplied. ( I read that the sign had to be in the photograph for it to be legally enforceable)

I made my appeal on 13 Dec 2024.

I did not hear any response until about two weeks ago when I received a charge certificate for £240 from TFL.

I rang them again and they said they had refused the appeal in January. (I did not receive this)

I was told I would now have to wait for the county court order and explain why I hadn't paid.

I then requested a copy of the refusal notice which I have now received.

In it they state, 'Please be advised that your vehicle was observed from 13.01.15 until 12.01.23. During this time your vehicle was observed making a prohibited left turn. Please be advised that there was no obstruction covering the sign on your approachto the no left turn signage as per the CCTV footage.

I am hoping someone will be able to help me with this case. I viewed a freedom of information notice on TFL which appears (albeit from 2018-2020 that 3,218 PCN were issue. Over 683 were contested and just over 357 appeals were accepted. ) It does appear to be easily missed and not very clear. 

https://tfl.gov.uk/corporate/transparency/freedom-of-information/foi-request-detail?referenceId=FOI-2155-2021

If anyone can help me with this issue I would be really grateful.

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