Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Hemms on October 11, 2023, 06:12:04 pm

Title: Re: L.B. Waltham Forest - 50R performing a prohibited turn
Post by: cp8759 on December 13, 2023, 10:10:31 am

The Waltham Forest (Prescribed Routes) (No. 2) Traffic Order 1971 (https://drive.google.com/uc?id=1uupZWHHcotqvjxFffu236qvHIssWNHpg).

Title: Re: L.B. Waltham Forest - 50R performing a prohibited turn
Post by: cp8759 on October 17, 2023, 10:52:50 pm

Quote from: Hemms on October 17, 2023, 01:27:38 pm

I know I wasn't thinking straight as my Dad had just passed away, but I think on this occasion I will just pay the fine. 

@Hemms my condolences, and please don't pay!

Virtually all local authorities will cancel a PCN in the event of a recent bereavement. All you need to do is send them a copy of the death certificate or the order of service of the funeral, and ask them to cancel it on compassionate grounds.

Title: Re: L.B. Waltham Forest - 50R performing a prohibited turn
Post by: Hemms on October 17, 2023, 01:27:38 pm

Thank you for your help.

I know I wasn't thinking straight as my Dad had just passed away, but I think on this occasion I will just pay the fine. 

I've spoken to some locals and they have all been caught out, so why should I be any different.

Title: Re: L.B. Waltham Forest - 50R performing a prohibited turn
Post by: cp8759 on October 17, 2023, 12:06:17 am

I'm sorry to tell you that the signage complies with the requirements of the Traffic Signs Regulations and General Directions 2016, and it's meaning is clear within the meaning of regulation 18 of The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996.

There are only two possible strategies:

1) Make a plea for discretion, or
2) Try and trip the council up into failing to consider your representations.

Strategy 1 involves appealing to the authority's discretionary power not to enforce, which is a power only the council has (the tribunal cannot allow an appeal on this basis).

Strategy 2 involves giving the council a link to a video or image you want them to consider, and setting it up view a click / view counter so we can prove whether they're looked at your supporting evidence. If they fail to look at it, you can then win on a failure to consider.

The best approach might be to combine both approaches (provide evidence of mitigation by means of a link), but first we need to know if you have any meaningful mitigation to put forwards.

Title: Re: L.B. Waltham Forest - 50R performing a prohibited turn
Post by: Hemms on October 15, 2023, 03:18:53 pm

I have uploaded my photos to the link below. which includes the rest of the evidence

https://imgur.com/a/yqBNpVU

Thanks

Title: Re: L.B. Waltham Forest - 50R performing a prohibited turn
Post by: cp8759 on October 13, 2023, 06:22:06 pm

Video:

https://www.youtube.com/watch?v=sEwB7vOstHk

While we wait for your photos, I've ordered the traffic management order.

Title: Re: L.B. Waltham Forest - 50R performing a prohibited turn
Post by: Incandescent on October 11, 2023, 07:02:22 pm

Well, here are the signs you appear to have missed : -
https://maps.app.goo.gl/mJtPyKgSBSrrhbN99

Easy to miss if high-sided vehicles are parked there delivering to the shops.
Here's 2012 when right turns were allowed
https://maps.app.goo.gl/tvTwKXww5VEZEBz98

and 2019
https://maps.app.goo.gl/fwFrAsWy4YkxGp9P6

So is it worth a punt at London Tribunals ? I would say about 50-50, but others may differ.

This assumes the PCN has no fatal errors, and the traffic orders are OK.

Title: L.B. Waltham Forest - 50R performing a prohibited turn
Post by: Hemms on October 11, 2023, 06:12:04 pm

Can I please get some help with the attached PCN.

I have received this PCN for a no right turn. 

I attach a copy of the PCN and photos

https://imgur.com/a/yqBNpVU

Here is the link for the street view, which shows the signs that I didn't see.  I will go back and take some photo's of the signs.
https://maps.app.goo.gl/LKEKD8Xyjv669Z356

Many thanks