Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Jeh99833 on November 05, 2023, 07:23:47 pm

Title: Re: 53j Barking and Dagenham PCN, Keppel Road (Camera enforcement)
Post by: Hippocrates on January 30, 2024, 08:37:17 pm
 ;D
Title: Re: 53j Barking and Dagenham PCN, Keppel Road (Camera enforcement)
Post by: Hippocrates on January 26, 2024, 08:00:54 pm
OP received pack this evening.
Title: Re: 53j Barking and Dagenham PCN, Keppel Road (Camera enforcement)
Post by: Hippocrates on December 24, 2023, 01:30:45 pm
PM sent just now.
Title: Re: 53j Barking and Dagenham PCN, Keppel Road (Camera enforcement)
Post by: Hippocrates on December 15, 2023, 10:21:19 am
Thank you @John U.K. @Hippocrates  Representing myself would not be the best; the legalities are also not my forte.  I work as a trainee teacher during the day, so showing up in person would not be the best option for me.

I would not mind representation, but how would that work?

I have the paper work too
From one retired teacher, I will drop you a PM with my details.  ;) You can choose a time for a phone attendance for you while I would turn up in person.  Ask for "compassionate leave"!  ;D
Title: Re: 53j Barking and Dagenham PCN, Keppel Road (Camera enforcement)
Post by: Jeh99833 on December 14, 2023, 06:49:56 pm
Thank you @John U.K. @Hippocrates  Representing myself would not be the best; the legalities are also not my forte.  I work as a trainee teacher during the day, so showing up in person would not be the best option for me.

I would not mind representation, but how would that work?

I have the paper work too

Title: Re: 53j Barking and Dagenham PCN, Keppel Road (Camera enforcement)
Post by: Hippocrates on December 14, 2023, 12:36:51 pm
I am happy to represent you but as said we need to see all the paperwork.
Title: Re: 53j Barking and Dagenham PCN, Keppel Road (Camera enforcement)
Post by: Hippocrates on December 14, 2023, 09:08:05 am
If you are representing yourself, I would advise attending in person.  If one of us is acting on your behalf, you can attend on the phone.
Title: Re: 53j Barking and Dagenham PCN, Keppel Road (Camera enforcement)
Post by: John U.K. on December 14, 2023, 07:55:34 am
Please to post up here copy of your challenge and their rejection - just redact your name and address.

Quote
I want to go down the appeal route, but I wanted to know if I have to turn up in person?

As per earlier replies, you can choose between turning up in person and being on the telephone.

Sometimes one of the experts here will offer to represent you.
Title: Re: 53j Barking and Dagenham PCN, Keppel Road (Camera enforcement)
Post by: Jeh99833 on December 14, 2023, 07:07:37 am
Good morning, 

I'm sending this email a bit late in the day, but I received communication from LBBD last week.  They deny my appeal but have offered a 50% discount for 14 days from the date (31/12/23) of the letter.  If I do not comply, it goes to £130 until the end of 28 days.  I also have the right to appeal through the courts.

I want to go down the appeal route, but I wanted to know if I have to turn up in person?
Title: Re: 53j Barking and Dagenham PCN, Keppel Road (Camera enforcement)
Post by: Hippocrates on November 07, 2023, 11:43:51 pm
Hearings are held Monday to Saturday and you can choose a time slot. Personal is always best though one representative uses the phone as he lives so far away.  In such cases, you can appear in person or on the phone. Personally, I prefer in person when I represent people. But, I do  not have to travel that far.

Please show your "challenge".
Title: Re: 53j Barking and Dagenham PCN, Keppel Road (Camera enforcement)
Post by: Incandescent on November 07, 2023, 10:06:44 pm
Whilst it is possible to ask for an in-person adjudication, I believe London Tribunals are now doing telephone hearings. What is not recommended is to ask for a papers-based hearing only.  These rarely go well for appellants, because the adjudicator can seek no clarifications on the appeal document, nor can the appellant ask any questions.
Title: Re: 53j Barking and Dagenham PCN, Keppel Road (Camera enforcement)
Post by: Jeh99833 on November 07, 2023, 08:01:52 pm
Hi All,

As I was close to the 28 days, I submitted a challenge.  I am currently awaiting their response, which should be via post.  Upon receipt, I will upload the letter with a draft defence.

If your advice, @Incandescent, is right and they reject my challenge, then onwards it is.

Are the tribunal proceedings made in person? And do they tend to be during the week?

Thanks so much
Title: Re: 53j Barking and Dagenham PCN, Keppel Road (Camera enforcement)
Post by: Hippocrates on November 06, 2023, 11:29:37 am
Totally agree re signage points.  B nd D hardly ever turn up at the Tribunal anyway and/or adduce evidence if I am correct.
Title: Re: 53j Barking and Dagenham PCN, Keppel Road (Camera enforcement)
Post by: cp8759 on November 06, 2023, 12:34:39 am
Here's the video:

https://www.youtube.com/watch?v=-ernJ1xGPZE

Here is The London Borough of Barking and Dagenham (Pedestrian and Cycle Zones) (Various Roads) Order 2023 (https://drive.google.com/uc?id=1TPf21gxTgiWNII0vVyCxRHwqxE2WxUjD).

Really there should be an advance warning sign on the main road, the signage as it is looks inadequate to me. I would suggest you draft a representation based on that and post it on here, and we'll tidy it up for you.
Title: Re: 53j Barking and Dagenham PCN, Keppel Road (Camera enforcement)
Post by: Incandescent on November 05, 2023, 11:11:39 pm
I think the OP is tryung to show the view as one approaches the left turn. This view is better, as it shows the trees in full leaf, as would have been the case when the turn in was made during the restriction times.
https://maps.app.goo.gl/FbtqEU4u4cTaNqcAA
Here are the signs
https://maps.app.goo.gl/k22r8hT7JGjancvUA
Clearly, without any advance sign for a person approaching from the left, the signs could not possibly be seen until the turn starts. Does a motorist then stop dead and invite an accident ? I don't think so.
Title: Re: 53j Barking and Dagenham PCN, Keppel Road (Camera enforcement)
Post by: Pastmybest on November 05, 2023, 09:48:31 pm
Tour GSV is useless we need one at the junction where the sign is along with the PCN and the video
Title: 53j Barking and Dagenham PCN, Keppel Road (Camera enforcement)
Post by: Jeh99833 on November 05, 2023, 07:23:47 pm
Hello there,

I would like some assistance, please. I received a pcn through the post on October 16th. TBH, I totally forgot about it until this evening, when it dawned on me.

The ticket I received states that I received a 53J failing to comply with the restriction on vehicles entering a pedestrian zone (camera enforcement).
Firstly, yes, I was the driver
This is not my local area; however, I was making my way to a school for some training that morning. I remember turning into the road from the left; however, it wasn't until I had turned into the road and past the sign that I realised I had driven past something that required further context. Honestly, the sign was not visible from the direction that I was approaching.

Is there any way I can appeal on grounds that the sign is only visible to vehicles approaching from head-on but not visible to drivers approaching from the left?

I have uploaded images, the video and pnc images.

I went to the location last Wednesday to see if there were any alerts on the approach to Keppel Road via Wood Lane (main road/my entry Wood lane), but there were no warnings until you got to the entry of Kepple Road and by that time its too late.

The link below is recent.

Thank you

https://maps.app.goo.gl/M3HTux1g3h4nUSLN7

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