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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Audrey01 on May 13, 2025, 03:02:41 pm

Title: Re: Penalty 51j failing to comply with a No Entry sign - camera enforcement (Kensington borough - Launceston Place junct
Post by: Audrey01 on September 30, 2025, 05:54:28 pm
Unfortunately, the outcome was not in my favour. The adjudicator chose to completely ignore the previous decision, fair enough - but strangely he couldn't come up with any reason for doing so. In his ruling, he says he is equally ignoring two other decisions which found in favour of the authority that were brought in as evidence by the council, even though we both agreed those cases were irrelevant to this case as they did not have to do with the main argument I put forward for my case - that the No entry sign does not apply to the cycle lane. The adjudicator based his decision on the fact that because I dismounted prior to using the cycle lane showed that I must have known there was a restriction. Not sure why the adjudicator applies the law here based on how I "felt" or "behaved" at the time. I thought my case was for him to rule whether the sign applies to the cycle lane or not, irrespective if you go through it on the motorbike or dismounting first. He says the sign applies and therefore I am liable for the penalty. Outcome here - https://tinyurl.com/yc2sec45
Title: Re: Penalty 51j failing to comply with a No Entry sign - camera enforcement (Kensington borough - Launceston Place junct
Post by: Incandescent on July 19, 2025, 06:55:49 pm
Got it - thanks very much for the advice. Do I write again what I said in my initial representation in the Appeal form?
Yes, but add anything that has come up since we looked at it.
Title: Re: Penalty 51j failing to comply with a No Entry sign - camera enforcement (Kensington borough - Launceston Place junct
Post by: Audrey01 on July 19, 2025, 02:41:44 pm
Got it - thanks very much for the advice. Do I write again what I said in my initial representation in the Appeal form?
Title: Re: Penalty 51j failing to comply with a No Entry sign - camera enforcement (Kensington borough - Launceston Place junct
Post by: Incandescent on July 19, 2025, 11:48:04 am
See the penultimate paragraph of your letter of rejection. Do NOT opt for a papers-based adjudication, you must ask for a hearing in person, although this is normally phone or video link.
Title: Re: Penalty 51j failing to comply with a No Entry sign - camera enforcement (Kensington borough - Launceston Place junct
Post by: Audrey01 on July 19, 2025, 10:50:16 am
Thanks for the reply @Incandescent. Worth keeping in mind that it’s not a done deal. But I still think as a matter of principle I should contest this and if I have to risk double the fine, then so be it. How do I go about this though? Do I need to represent myself?
Title: Re: Penalty 51j failing to comply with a No Entry sign - camera enforcement (Kensington borough - Launceston Place junct
Post by: Incandescent on July 18, 2025, 06:33:37 pm
Whilst you can cite the successful appeal at this location, be aware that an adjudicator can choose to ignore it, because it does not set a precedent in law. So if you're up for the double-or-quits gamble of London Tribunals, give it a go. There are no additional costs in going to adjudication, just the full PCN penalty.
Title: Re: Penalty 51j failing to comply with a No Entry sign - camera enforcement (Kensington borough - Launceston Place junct
Post by: Audrey01 on July 18, 2025, 12:06:43 pm
Hi everyone,

Just got back from holidays and received a Notice of Rejection from them - see pics below and here (8 pages in total): https://imgur.com/a/ckEZ3f5

Basically, their argument for enforcing the PCN is that I entered into a cycle lane with my motorcycle (regardless of dismounting before entering), therefore the "No Entry" sign is applicable. They don't seem to be addressing the previous case ruling I included in my representation, which says the No Entry sign only applies to those approaching the junction heads-on (from Victoria Grove).

They are still offering the discount of £80 if I pay within 14 days (so until 21 July) but I am minded on principle to take my chances with the tribunal.

What do you all think?

[attachment deleted by admin]
Title: Re: Penalty 51j failing to comply with a No Entry sign - camera enforcement (Kensington borough - Launceston Place junct
Post by: Audrey01 on May 15, 2025, 01:50:01 pm
Thanks everyone - I submitted my representation now. Will post again once I have an update.
Title: Re: Penalty 51j failing to comply with a No Entry sign - camera enforcement (Kensington borough - Launceston Place junct
Post by: Hippocrates on May 13, 2025, 08:06:07 pm
This is extrapolation of the urine. Also the PCN limits to one ground as opposed to one or other grounds.
Title: Re: Penalty 51j failing to comply with a No Entry sign - camera enforcement (Kensington borough - Launceston Place junct
Post by: stamfordman on May 13, 2025, 06:14:27 pm
Pushing a motorised vehicle makes no difference to these contraventions. But you didn't contravene the no entry as per the adjudicated case which also noted the sign is not in facing you.

Unlike the cyclist!
Title: Re: Penalty 51j failing to comply with a No Entry sign - camera enforcement (Kensington borough - Launceston Place junct
Post by: Audrey01 on May 13, 2025, 06:06:32 pm
Thanks - so would you advise to make similar representations as in that case? Does it matter that I pushed the bike through that bike lane? The argument should be on the lack of signage pertaining to that bike lane, rather than the larger carriage way of Victoria Grove?
Also, can I make reference in my representation to the adjudicated case that was in fact lost by the RBKC authority?
Title: Re: Penalty 51j failing to comply with a No Entry sign - camera enforcement (Kensington borough - Launceston Place junct
Post by: stamfordman on May 13, 2025, 03:51:06 pm
Your case does look similar to the earlier one. To contravene a no entry it must be signed as such across the road you used.

(https://i.ibb.co/svqs3J3T/ken.gif)
Title: Penalty 51j failing to comply with a No Entry sign - camera enforcement (Kensington borough - Launceston Place junction)
Post by: Audrey01 on May 13, 2025, 03:02:41 pm
Hi all,

Hoping for advice on a PCN I recently received from the Royal Borough of Kensington and Chelsea - PCN contravention 51j - "Failing to comply with a No Entry sign - camera enforcement".

I was riding my scooter and reached the junction of Launceston Place with Victoria Grove in Kensington. I noticed that ahead of me was a bicycle lane, so I thought I could clear the junction by dismounting my scooter and pushing it through the bicycle lane. Not sure that was the best thing to do, but sure enough a PCN followed in the post this morning to say I did not comply with a No Entry sign. But the lane I passed through did not have any "No Entry" sign, the only sign I can see from the photos on the RBKC website is the one placed sideways on Victoria Grove road, which I did not pass.

I searched this site and seems there was a similar case back in 2023 when a motorbike rider also passed through that lane in that exact junction and they successfully argued at the Tribunal that there was no contravention. Link here: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/rbkc-51j-no-entry-on-motorbike/

Vehicle: LX65UKO
PCN: KE81689738
Images + short video on this link: https://ocmlive.xrxpsc.com/rbkc/ocm-fe/ocm/Details.aspx
PCN images (3 pages) - https://imgur.com/a/qXNJLYC
Location map: https://www.bing.com/maps?q=victora+grove+launceton+place&FORM=HDRSC7&cp=51.499193%7E-0.185416&lvl=17.9&pi=-1.7&style=x&dir=350.8

Any advice gratefully received. Many thanks!