Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: No Laughing Matter on November 18, 2023, 04:46:14 pm
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The traffic order is The Haringey (Moving Traffic Restrictions) (No.14) Experimental Order 2023 (https://drive.google.com/uc?id=16d4iqs1E3DLHRFdpjMIml5s8S--VfWVC) and I can't see any issues either with the order or the placement of the signs, but others might spot something.
@No Laughing Matter if you'd come to us when you first got the PCN we might have been able to get you out of it, but you've made representations already and had them rejected. At the tribunal stage the adjudicator cannot consider mitigation, and virtually everything you mention is mitigation, you certainly have no obvious legal defence to the alleged contravention, which the video shows is really open and shut:
https://www.youtube.com/watch?v=7rbNUlLReic
Unless someone spots something I've missed, you'd be better off paying the PCN. Frustrating as this situation might be, there's no point in throwing good money after bad.
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Others on here may suggest alternative approaches and different arguments for submitting representations, so wait a bit, but don't miss any deadlines stated on the PCN.
The OP is beyond the Representations stage. A Notice of Rejection dated 13th Nov has been served. The discount has been re-offered. The options are to pay the PCN at the discounted rate before it expires on the 29th Nov. Or to submit an appeal to the Adjudicator.
Lose at adjudication and the bill will be £130. So far I don't see a strong appeal point.
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So you totally ignored the prominent "Flying Motorbike" signs either side of the planters ? All motorists, even those living in the Outer Hebrides are expected in law to know what every sign in the signs catalogue means.
These LTNs are springing up all over London and use the signs you passed, which means "NO Entry" for mechanically-propelled vehicles, (cars, vans etc). I have to say I'm surprised whoever you were visiting inside this LTN didn't tip you off about it. Would you have passed the signs if they had been the usual No Entry signs ? I suspect not. However modern signing practice is to only use "No Entry" signs where all traffic of any class is barred. Here is isn't, hence these signs.
Anyway, as ignorance of signs is no reason for cancellation, your only argument is mitigation, being somebody living a long way away from London who was not aware of the LTN and the signs used to indicate it. Everything else you have "chewed the fat" about is irrelevant, and would be ignored by an adjudicator.
There are other things that can get a PCN cancelled, like fatal errors on the PCN, and errors in the traffic order setting-up the LTN, but for the moment, I suggest you submit representations on the lines that you are a stranger to London and didn't realise the meaning of the signs that are not in use where you live. You might get a result, but such is the venal greed for money of London councils you may not. LTNs for councils are the gift that keeps on giving, a real Magic Money Tree.
Others on here may suggest alternative approaches and different arguments for submitting representations, so wait a bit, but don't miss any deadlines stated on the PCN.
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PCN for LTN, 52(M)
London Borough of Haringey
Location: Downhills Park Road N17 (Walpole Road Eastbound)(X3A)
Help regarding an Appeal would be appreciated.
Summary:
My destination was Higham Rd - inside the LTN.
Coming from the north, I took the most direct route.
I drove into the area between two planters with 20mph emblazoned on the tarmac.
This appeared to be an entrance to an Access Only residential area.
It was logical to assume that all routes into the zone were the same - one route in was as good as another.
Nearly 3 weeks later, I received a PCN:
(https://i.imgur.com/maq2BPr.png)
Photo:
(https://i.imgur.com/Ica1Mdp.jpeg)
My Representation
(https://i.imgur.com/H7dxjZ2.jpeg)
(https://i.imgur.com/H4tsCYJ.jpeg)
has been rejected - basically on the grounds that I drove through THIS route and stating there are other routes.
(https://i.imgur.com/mCmNryR.jpeg)
(https://i.imgur.com/W9J25ro.jpeg)
(https://i.imgur.com/WQpGlTp.jpeg)
Now that I have researched the LTN it seems that I was expected to have made a detour of 3.2km including 1.6km inside the zone rather than just 200m!
The fine appears to have little to do with making improvements for residents:
1. Driving a longer distance is contrary to the stated LTN goals of reducing pollution and keeping the road safer.
2. It is contrary to Haringey’s own FAQ statement which states “Local residents and businesses can still use cars as well as receive visitors and deliveries”.
Haringey FAQ on LTNs (http://www.haringey.gov.uk/sites/haringeygovuk/files/ltn-faqs.pdf)
3. It is unfair to expect people from well outside the London Boroughs to know that this access route is different to the rest.
Perhaps also the signage is non-compliant?
I noted discrepancies in my item 6 of my Representation.
Westbound warns of Penalty Charge, but the Eastbound (entering the zone) does not!
Entering the zone (Eastbound) the planters are also missing the vehicle prohibition sign.
The attached photos show the view Eastbound
(https://i.imgur.com/8mns9QG.jpeg)
(https://i.imgur.com/Ica1Mdp.jpeg)
and Westbound
(https://i.imgur.com/VJpyn2f.jpeg)
Thank you in advance for your help.