Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: SLBUNP on November 15, 2023, 10:00:32 pm
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Video:
https://www.youtube.com/watch?v=nwDoDhq8S0A
We should use the link strategy, explained here (https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/l-b-waltham-forest-50r-performing-a-prohibited-turn/msg7581/#msg7581).
We obviously have some relevant evidence we can use, i.e. the annotated street view images you've posted above.
Type up a draft and put it on here and I'll tidy it up for you and sort out the links to put in the representation.
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Maybe the attached video will play.
[attachment deleted by admin]
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Did you have access to the video?
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Here are the details to watch the video:
https://parkingdisputes.hackney.gov.uk/pcnonline/index.php
PCN: QZ15140365
Reg: N121 KAD
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The traffic order is The Hackney (Prescribed Routes and 20 Mph Speed Limit) (Consolidation No.1) Order 2019 (https://drive.google.com/uc?id=1qxta3k5JXRrKGHir4-HKQpTpq2tlzVio) as amended by The Hackney (Prescribed Routes and 20 MPH Speed Limit) (Amendment No.51) Order 2022 (https://drive.google.com/uc?id=1PTvwLPwVgtgIuD2Db21q49AUtxgvBRgy).
@SLBUNP please give us the PCN number and the number plate, we need to see the video.
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A vehicle was in the way, you saw the sign late an d had difficulty processing its meaning, it was dark etc.
Have you viewed the CCTV?
We can't, you've obscured the PCN no. and VRM. If you can link the CCTV to here, fine, otherwise we need to see the details.
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3. Have you notified the DVLA of your ADHD, as the law requires?
The notification requirement is not "I have ADHD, I must notify".
Notification is only required if the condition or its treatment affects ability to drive (yes, it's wooly).
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If I passed my test in mid 90's and these are new signs, would that be an excuse, and if the driver had a medical issue like ADHD, takes time to process information?
On the first point, no, and on the second point, if the ADHD is so severe as to cause traffic signs to be passed, then the question is, is the driver fit to drive ? Would the driver pass a red traffic light, or a No Entry sign, for instance ?
There is nothing at all to stop you submitting reps on the above basis, but they are unlikely to succeed. Of course the council may not respond within the 56 days, so you'd win by default.
ADHD is not a delay in processing information.
I suspect that English might not be the OP's native language and that they might be unintentionally trying to refer to "inattention" rather than to a "delay in processing informationn".
Whether they suffer from ADHD and whether their GP can confirm such a diagnosis - I don't know...
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If I passed my test in mid 90's and these are new signs, would that be an excuse, and if the driver had a medical issue like ADHD, takes time to process information?
On the first point, no, and on the second point, if the ADHD is so severe as to cause traffic signs to be passed, then the question is, is the driver fit to drive ? Would the driver pass a red traffic light, or a No Entry sign, for instance ?
There is nothing at all to stop you submitting reps on the above basis, but they are unlikely to succeed. Of course the council may not respond within the 56 days, so you'd win by default.
ADHD is not a delay in processing information.
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If I passed my test in mid 90's and these are new signs, would that be an excuse, and if the driver had a medical issue like ADHD, takes time to process information?
Below are the pages:
Page 2: https://postimg.cc/f3qwhNrK
Page 3: https://postimg.cc/GHDJ83P4
Page 4: https://postimg.cc/JypbVs82
1. The 'flying motorbike' signs are not new: they've been round for decades.
2. Even if they hadn't been around when you passed, you are expected to be aware of changes in the Highway Code and the law.
3. Have you notified the DVLA of your ADHD, as the law requires?
Are there any errors on the PCN?
Also, how can I find out if there's Traffic order on the road signs?
Thank you
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If I passed my test in mid 90's and these are new signs, would that be an excuse, and if the driver had a medical issue like ADHD, takes time to process information?
Below are the pages:
Page 2: https://postimg.cc/f3qwhNrK
Page 3: https://postimg.cc/GHDJ83P4
Page 4: https://postimg.cc/JypbVs82
1. The 'flying motorbike' signs are not new: they've been round for decades.
2. Even if they hadn't been around when you passed, you are expected to be aware of changes in the Highway Code and the law.
3. Have you notified the DVLA of your ADHD, as the law requires?
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If I passed my test in mid 90's and these are new signs, would that be an excuse, and if the driver had a medical issue like ADHD, takes time to process information?
On the first point, no, and on the second point, if the ADHD is so severe as to cause traffic signs to be passed, then the question is, is the driver fit to drive ? Would the driver pass a red traffic light, or a No Entry sign, for instance ?
There is nothing at all to stop you submitting reps on the above basis, but they are unlikely to succeed. Of course the council may not respond within the 56 days, so you'd win by default.
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If I passed my test in mid 90's and these are new signs, would that be an excuse, and if the driver had a medical issue like ADHD, takes time to process information?
Below are the pages:
Page 2: https://postimg.cc/f3qwhNrK
Page 3: https://postimg.cc/GHDJ83P4
Page 4: https://postimg.cc/JypbVs82
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There are the two "Flying Motorbike" signs clearly visible. These would have been visible even with the taxi there. In addition to the two signs, the council have done more than the regulations require by also adding in a large flower tub barring your progress with the same sign. Sorry to say it, buy I cannot see anything at all that would form the basis for a credible appeal at London Tribunals unless the PCN contains a fatal error of content. Clearly you didn't know what the signs meant. They are now in use all over London ! They are used instead of No Entry signs because some classes of traffic are allowed to pass, like buses.
Please post all the other PCN pages so we can check them for errors. PCN errors have won many appeals in the past, although you'd have to go to London Tribunals, as councils almost never admit error.
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Hello,
I got this fine recently and wanted to know if I have a defense. I feel it's a very bad road sign.
As you can see from the picture, there's a taxi in front blocking the flower tub, so it would be difficult for me to see the road sign until I got closer to see the one on the right.
It was more like trying to catch the driver out than being helpful with the road sign like a no entry. It takes time to process this particular road sign.
Aos, It was getting dark, and high-rise buildings on both sides and road signs were not so clear.
https://tinypic.host/image/n4zE1
Google street map:
https://www.google.com/maps/@51.5306928,-0....i8192?entry=ttu