Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Max786 on October 26, 2023, 01:14:03 pm

Title: Re: Redbridge, code 53j failure to comply with a restriction, Sunnymede Drive
Post by: cp8759 on November 01, 2023, 03:42:54 pm
The Redbridge (Prescribed Routes) (School Streets) (No.1) (Amendment No. 3) Order 2023 (https://drive.google.com/uc?id=17o11Rrh8wn6ZFU2mPEj6Q23bhNpWhEY_), can't see any obvious issues with it but someone else might spot something.
Title: Re: Redbridge, code 53j failure to comply with a restriction, Sunnymede Drive
Post by: Incandescent on October 26, 2023, 10:24:43 pm
It  seems the council are quite comfortable with the fact that to read all the content of that sign you would have to stop the car !  It's outrageous, but there we are, they get away with it.  The advance warning signs are present, so this tends to reduce your argument, but the main fact is that you passed the signs realising you had made an error, so immediately backed-out.  I think the odds are favourable at London Tribunals if the council prove to be obdurate, but you'd have to risk the full PCN penalty, of course. NO harm in working up some reps to submit based on your original narrative,namely "turned into street, saw sign, and stopped, but inevitably had to pass the signs, as it would have been dangerous to stop on the junction itself."  See what the others say, but don't miss any deadlines.
Title: Re: Redbridge, code 53j failure to comply with a restriction, Sunnymede Drive
Post by: Max786 on October 26, 2023, 09:22:01 pm
Additional photos as mentioned on my previous post

[attachment deleted by admin]
Title: Re: Redbridge, code 53j failure to comply with a restriction, Sunnymede Drive
Post by: Max786 on October 26, 2023, 09:16:07 pm
So this is the first advanced warning that I missed as there were cars parked on both sides and oncoming traffic. Please see first 3 photos.

2nd photo on next post is the 2nd advanced warning which just shows some times - to be honest I didn't even look up at it whilst driving - its a busy road.

Last two photos on next post shows firstly my view before turning right, and then a full on direct view if one was perpendicular to the road.


[attachment deleted by admin]
Title: Re: Redbridge, code 53j failure to comply with a restriction, Sunnymede Drive
Post by: Max786 on October 26, 2023, 02:25:27 pm
Thanks! I'll have a drive back down in that area and take videos and pics of the sign on Saturday.

Also to add, GSV might not be relevant as it is dated some time in 2021 so the new signs arent there.

Do I have a case with regards to them stating SunnyMEADE Drive instead of SunnMEDE Drive - I know I might be clutching at straws here! ::)
Title: Re: Redbridge, code 53j failure to comply with a restriction, Sunnymede Drive
Post by: Incandescent on October 26, 2023, 02:18:09 pm
The LLA and TfL Act 2003 (see top of your PCN),  specifies 14 days for the discount.
https://www.legislation.gov.uk/ukla/2003/3/part/2/crossheading/penalty-charges/enacted

The video stops, just as you are about to reverse out, although your reverse lights are on and the car starts to move back.  I have to say I'd be strongly tempted to take this to London Tribunals, based on your narrative. If there are advance warning signs this would tend to diminish your appeal argument, so you need to check this.
Title: Redbridge, code 53j failure to comply with a restriction, Sunnymede Drive
Post by: Max786 on October 26, 2023, 01:14:03 pm
Hi. I've been advised to post here as opposed to peppipoo.

I will add more info as and when I can. I get home late so tough to get video and signage pictures until weekend.

I drove from west to east on Kenwood Gardens. Somehow didn't see the advanced warning signs..maybe as there were too many parked cars and I was watching the street.

I turned right on to SUNNYMEDE DRIVE (incorrectly spelt Sunnymeade Drive on the PCN). I saw the sign after I turned right, read the time and looked at the clock in my car. Having realised I wasn't allowed through, I stopped and reversed out. The time was approx 15.55.

Can I contest this on the grounds that the road name was spent incorrectly? Surely if their mistake is allowed, then they can allow my mistake in taking that right turn.

The photo and video can be seen via the site www.redbridge.gov.uk/parkingpcn

I will take my own video and photos on Saturday and post.

It was a genuine mistake. I am usually at work during the week days and never use these roads during usually. My wife had a scooter accident two days prior and I was picking my son up from Gantshill station on the way to Queens Hospital in Romford. I guess the council won't care why!

Should I contest or just pay?
Also, should they give me 21 days to pay the reduced amount due to it being a CCTV capture?

Please let me know if any other info needed.

Thank you!

[attachment deleted by admin]