Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: poppywho on September 28, 2023, 09:42:03 pm
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Hello
I've stumbled across this page as I find myself in the exact same situation and I wondered if anything came from the above?
The signs themselves clearly set out the restrictions but it's a case of when they are seen - there is no advance note of the sign when approaching from Nunhead station and, certainly in my case at least, felt it's too late to do anything by the time you actually see it. I acknowledge the letter the previous individual received in that one would be expected to slow down to check for signs, but in reality it's difficult to see these until the point in which you are turning.
I'm tempted to appeal but if the suggestion is the outcome will be the same then I'll just pay the reduced fee whilst I still have a week left to do so.
Thanks
Please start your own thread with PCN and VRM details.
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Hello
I've stumbled across this page as I find myself in the exact same situation and I wondered if anything came from the above?
The signs themselves clearly set out the restrictions but it's a case of when they are seen - there is no advance note of the sign when approaching from Nunhead station and, certainly in my case at least, felt it's too late to do anything by the time you actually see it. I acknowledge the letter the previous individual received in that one would be expected to slow down to check for signs, but in reality it's difficult to see these until the point in which you are turning.
I'm tempted to appeal but if the suggestion is the outcome will be the same then I'll just pay the reduced fee whilst I still have a week left to do so.
Thanks
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I think you have a reasonable chance on the signage but it's not a sure thing. If you want to appeal this, I'm happy to represent you at the tribunal.
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Sure, attached here in full.
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Please show us the notice of rejection in full, just redact the postal address. We need all sides of all pages please (but we don't need to see the appeal form).
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Yes they have £65 if paid in 14 days
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Have they re-offered the discount ? (you've not posted all of the rejection) letter.
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Hi Yes I'm still here.
I appealed the PCN on the basis that the signs were not easily visible in the direction I was coming from:
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I am making a representation on the ground that the alleged contravention did not occur, due to inadequate and confusing signage.
I was coming from Gibbon Road and Evelina Road. From my direction of travel there was no visible signage that restricted access to Hollydale Road. I only became aware of the signs when it was too late and that’s because there was no visible signage facing towards my direction of travel that indicated the left turn towards Hollydale Road was a restricted access road.
The sign is only visible to motorists already on Gibbon Rd and is therefore inadequate. Even visitors taking a right onto Hollydale Road might have more chance to see the sign as they are turning left. However when the road is clear and a car takes a left turn, there is not enough time to read these signs when travelling at the speed limit.
To illustrate my point please see attached picture evidence of the signage and roads involved.
As I was turning left, I only became aware of the signs when it was too late. I am an alert driver and had the signs been positioned correctly, I would not have driven past them. There is almost no time for an alert motorist turning left from Gibbon Road to Hollydale Road to see this sign as it is currently positioned. The council should put signs facing the direction of travel on Gibbon Road if they want to give motorists adequate notice.
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However Southwark have rejected the appeal (attached) after a long period of no response (c. 2 months).
Unless you have any other ideas I think I will just pay it.
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@poppywho are you still with us?
Here is The London Borough of Southwark (Pedestrian and cycle zones) (Hollydale Primary School) Traffic Order 2022 (https://drive.google.com/uc?id=1v4WrpYVbvqR4Xl_TQ_vtG_r2fUtwM9bj).
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Just have a go at drafting something based on why you think the signage is not good, we will tidy it up for you.
Don't worry about the traffic order, I've already requested it.
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Thank you. Do you have any template letters to contest based on signage?
I'm going to request a copy of the TMO - or have you already requested it @cp8759?
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Here's the video:
https://www.youtube.com/watch?v=RtYXZoA2weA
I can't see any flaws in the PCN, the best argument seems to be on signage.
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I've sent those details via PM.
Video is here: https://pcnevidence.southwarkparking.co.uk/pcnonline/liberatorImageProxyRaw.php?noderef=workspace%3A%2F%2FSpacesStore%2F7b762b4f-7e17-4304-9ea7-9b1e13d37544&mimetype=video%2Fmp4
Adding a GSV link here too: https://maps.app.goo.gl/Zvvh1zpwsuooSr6v8
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Give us the number plate and the PCN number so that we can check out the council video.
The location is here https://maps.app.goo.gl/9CGEhxrq3sLaaLLdA and I can't see any advance warning signs on Gibbon Road, I have also requested the traffic management order.
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I was surprised to receive this PCN. I was taking smaller roads recommended by the sat nav and entered a street with a traffic prohibition between 8am and 9.15am at 8.23am.
On Google Street View the hours on the signage are 8.30am to 9.15am - this imagery is from Oct 2022 so the change must have happened in the last 12 months. Perhaps the sat nav has not yet updated this and that's why it took me on this road.
Are there any technical flaws in this PCN?
I can see that there is no space in the VRM. It is a plate A1 XYZ but in the PCN it is A1XYZ in case that makes a difference.
Can also share the video and additional info.
tyvm
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