Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: cardiffannoyed on May 15, 2025, 11:10:41 pm
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The PCN was cancelled by the authority.
I am nervous about posting my appeal and their response verbatim, but the key points I made were (1) that I felt there was no safe option other than to proceed past the sign, due to the traffic conditions at the time, and that (2) the lack of an advanced warning sign made it unreasonable for me to have avoided getting into that position. Their response was a page full of what seemed like template text explaining that they were right to issue the PCN, that there's no excuse, etc. etc., then a paragraph saying my comments had been considered and the above notice had been cancelled on this occasion only.
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Happy to report success. The PCN has been cancelled.
Well done!
It's not clear whether it was cancelled by the tribunal or the authority.
Yo help others, please post your appeal and their decision.
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Happy to report success. The PCN has been cancelled.
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It doesn't really matter, because it will be an adjudicator who decides what statutory ground applies if accepting your case. Essentially the council have, in their stupidity, made it dangerous to carry our a U-turn that avoids passing prohibition signs. Cardiff now, is a complete Dog's Breakfast, but the problem is the more incompetent and stupid the council are, the more money they make ! Stuff like this surely goes a long way to explaining why more and more people are voting for a "certain party" !
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Thanks for your reply Incandescent. I should clarify, it wasn’t impossible to reverse without passing a restriction sign, it was impossible (in my opinion) to reverse *safely* due to being at a busy junction. Just wanted to make that clear in case it alters your view on how best to present my case.
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Either "the contravention did not occur" due to misleading signage and impossibility of reversing direction without passing a restriction sign. Or you could use "the penalty exceeded the relevant amount in the circumstances of the case"
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I am almost decided that I will make representations against this, but what should my grounds be? "Compelling reasons" feels like the most appropriate, but I see in the council policy document that "Adjudicators have no powers to quash a PCN based on mitigating circumstances or compelling reasons alone.", so if the council reject my representations and I take this to appeal, will I be harming my case with the adjudicator?
My main issue is the lack of advanced warning signs, but does that amount to a "contravention did not occur"?
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Hi,
What do you think about this junction?
https://maps.app.goo.gl/4xn9B4uqgMFsyfzG9
I found myself here, stuck, having driven down Saunders Road in search of a car park. Why was I stuck? Because ahead down Saunders road is a blue sign marked "taxis only beyond this point", plus the entrance to a private building (Legal & General I believe). I began to turn right instead and found myself facing the "no vehicles except local buses" sign. I didn't feel it was safe to do a three point turn, as there were taxis moving in both directions behind me, and I didn't feel like I could just wait, as I was on a pedestrian crossing, anticipating the lights changing. So I went forward, past the restriction sign, and did a U-turn in the restricted road.
Faced with the same situation again, I don't think I would do anything differently, aside from not entering Saunders Road at all, but there's no advanced signage warning of the restriction ahead. It feels like a trap.
So here's my PCN:
https://imgur.com/a/RCKpaxh
Do I have a case that this junction/restriction created an impossible situation?
Thank you!