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Messages - Nelly30

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1
UPDATE: PCN Cancelled.
Thank you for those who contributed

2
Thanks. I run my own small property management company. In effect, self employed.

My car is owned privately but used for business and leisure purposes (insured as such as well). I.e. it is a working car and absolutely critical for me to use.

Materials purchased were for repairs at a managed property.

I found this document, on the back of what you say, which seems to imply business use of a loading bay carries exemption regardless of item size (point 6 on page 7) "to enable goods to be loaded":
https://www.londontribunals.gov.uk/sites/default/files/keycases/Bosworth%20%26%20Others%20v%20LB%20Tower%20Hamlets.pdf

3
Thanks for the reply.
This one was pre ordered but the following day was drop in I believe

4
Hi all,

I have received the attached PCN at this location:
https://maps.app.goo.gl/vxhEjWfX3XtZztZ49?g_st=ac

I was collecting an order from Screwfix, so genuinely was loading goods.

Before I send a representation, is it sufficient enough to include my invoice and expect to have the PCN cancelled? My worry is I have visited since this PCN, so presuming I will get more tickets through he post :(

https://imgur.com/a/48p1pgw

Thank you

5
Very good point.

It was my nearly 70 year old mum driving and she said she was focused on the bus ahead, then didn't know what to do when she saw the no entry and happened so quick but you see her crawl through. I think doing a 3 point turn at such a busy spot is dangerous so she didn't even consider it.

Not sure now what an adjudicator would think...

6
Thank you to all of you for your comments.
@cp8759 - I find your comments very interesting about both times and appeal and appreciate your offer to represent at tribunal. Could you PM me about this please? As a matter of principle, as Incandescent describes, I think we'd risk the £130 if we don't win...

@Hippocrates - again interesting point on service. As mentioned before, the location is also noted differently but unsure if that adds to the case.

@Incandescent - exactly my view that the Council have made this a mexican standoff situation where one has to decide whether to immediately stop and 3 point turn avoiding motorists, buses and trams or pass through. The former is dangerous as wpuld be driving down a no entry.

I still feel the condition of the road markings shocking and again purposefully tries to trick motorists.

I have shown pics here of before and now:
https://imgur.io/a/sWcRAhl

Thank you all again :)


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Yes - travelled east along tram tracks, joining Addiscpmbe Road from Park Hill Road to the south.

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Travelling East with Canning Road on left hand side

9
Sorry please try:

36 Addiscombe Rd, Croydon CR0 6SN https://g.co/kgs/e4BjFk

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Hi all,

PCN recieved at this location:
https://maps.app.goo.gl/mYgJE2rDSKH45JZk9

https://imgur.com/a/sWcRAhl

There were previous threads about signage (intrigued by "apples" reply):
http://forums.pepipoo.com/lofiversion/index.php/t127115.html
http://forums.pepipoo.com/lofiversion/index.php/t68482.html

Just wondering if anyone thinks, on the off chance, the road markings could be a point to contest the PCN on. Please see condition previously (where they were bold and apparent) compared to now, where they are hardly noticeable. Ironically the bus/tram lane starts out of nowhere and at it's entry point a vehicle cannot turn left onto Canning Road and the private residence on the right even has a no entry sign, so only alternative would be to stop dead and do a 3 point turn in the middle of the road! Not very safe with buses, trams, cyclists, other cars! Video footage shows bus in front which blocked view of signage.

Received a NOR recently which is shown here (interestingly location of contravention is noted dirreferntly to original PCN):
https://imgur.com/a/Q8f270b

Tribunal Case ref 2180285390 noted inadequate signage
Tribunal Case ref 2180333460 notes confusion over signage


Thanks

11
RESULT - TfL have notified Tribunal they will NOT contest and PCN CANCELLED.

Thank you to all who commented.

12
Appeal lodged - willet you all know outcome

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I appeal against the imposition of PCN GX......... under the following grounds

1/ The contravention alleged did not occur

As with the 50+ Allowed Appeals within the last year at this location, this comes about as the signage in situ is confusing to the extent that it fails in complying with the requirements of S18 of the Local Authorities Traffic Orders (Procedures) Act 1998. Road signage suggests that turning right is permissible, which was the case historically, and is supported by Case ref: 2220622423 and 2220629284 among dozens of others. Case ref: 223001073A expressly states "I find that the location is not signed in accordance with the prohibition created by Traffic Management Order 0196 of 2022."

2/ By way of collateral challenge. That TfL failed to consider representations

CCTV footage was requested from TfL but has not been received at the time of lodging this appeal. TfL did not consider my representations, in particular about the right hand arrow road marking. They have failed to even recognise its existance by stating, "...carriageway markings are in place informing drivers that they may only travel straight ahead or turn left." This is clearly untrue.

3/ Uncertain if I should also reference Case 2220767288:

"I have decided to allow this appeal because I find that the Notice of Rejection is defective for a number of reasons.

1. The Notice states that the amount outstanding is "£80.00" there is no actual mention of the full penalty of £160.00 (numerically), which is requested in the case summary and stated on the PCN.

2. On reading the rest of the Notice it is, therefore, unclear whether the "50%" increase is "of the original amount" or is a reference to the "£80.00" which is referred to at the foot of the Notice as being "The amounts owed are listed at the foot of this Notice".

3.I find that it is unclear whether payment of the "£80" is from the date of the Notice or from the date of Service of the Notice.

4. I find the point advanced by the Appellant's representative has some merit; the Notice lacks clarity and is confusing.

5. I find that the Authoity must act fairly and state when payment is to be made, that is 14 days from the date of the Notice or from the date of Service of the Notice.

6. I find that the lack of clarity has given rise to an ambiguity as to when the 14-day period ended.

7. The law is clear in that where an ambiguity exists it cannot be enforced against the party it disadvantages.

8. In this case when the Appellant attempted to pay the £80.00, he was not able to because the Authority had decided that the "£80" was from the date of the Notice as opposed to the date of service of the Notice, which was the time the "...full amount should be paid within 28 days" once again I record that the full amount is not stated numerically as £160.00.

9. Further, the Notice states that "In this instance we have decided not to exercise that discretion as we do consider the mitigating factors present give reason to cancel the PCN..." The problem with this statement is that the Appellant had not advanced any mitigating circumstances and, therefore, the statement is meaningless.

10. In light of the above I find that the Authority has failed to comply with Paragraph 1(7) of Schedule 1 of the London Local Authorities Act 2003, in that the Authority has failed to supply a proper and clear Notice of Rejection.

Taking these matters together I find that no contravention has been committed.

The appeal is allowed."




14
Thank you Mike. Was just about to quote your case, so saved me the trouble.

Also,case 2230078176 I mentioned in opening where Adjudicator Harman states: "I am not satisfied that signage/markings at this junction when taken as a whole are sufficiently clear and unambiguous to warn motorists of this prohibition and I accordingly find that the contravention has not been proved."

15
Noted about emailing to tribunal and requesting hearing.

As John mentions, I will fight on ambiguity of signage/Road markings.

In my other post a member mentioned there had been 50 cases this year in same location, so there is clearly a problem here

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