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Messages - CSkully621

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Hi guys just some followup questions

I'm pretty sure it's too late now because my girlfriend panicked and paid it buuuuut

She completely forgot about the PCNs until today. When she checked to pay them, the discount had run out and she needed to pay The date on the PCN was 4th April and the letter says she has 21 days from Date of Service to pay them at the discounted rate. It describes the Date of Service as starting the second working day after posting. As the 4th of April was a Thursday, am I right to assume that the Date of Service would then be Monday 8th of April? If that is the case, as today is exactly 21 days from the Date of Service, surely we should have had the discounted rate until midnight tonight?

Regardless, she panicked (woo anxiety) and paid them when we really should've taken it to appeal if the discount disappeared anyway but what can you do? If there's anything you can do please let me know!

Thanks and have a nice day,
Oscar.

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@cp8759 Sorry for the confusion! To clarify that's 2x £30 charges, better situation than dealing with the 3x £30 charges or risking it becoming £180 total at tribunal (3x £60) even if I reckon it's a reasonable argument that there isn't any signage at the junction itself.

@roythebus Unfortunately unless we have a smoking gun (like >95%) I doubt she'd be comfortable going ahead with the appeal since the £60 is already quite a lot of money for us! £180 would be pretty detrimental to have to pay if we lose. I appreciate your input though!

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In that case based on the replies by both of you we'll probably settle for the £60 and a lesson learned! Better than £90.

Thank you guys for the help :)


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Hi,

Sorry I completely forgot to post the PCNs! Here's the reply from the council though, hopefully I remember the PCNs in the next week (sorry, I have a condition which affects memory a lot!).

Attached are all 3 responses to the representations. We had one acceptance and two rejections.

I disagree with the rejections in the sense that it claims there are entry signs on the start of the bus gate, however none are visible from the junction when viewed from Hulme Street. Although advanced signage is present, nothing regarding the traffic conditions which frequently obscure and distract from said signage is mentioned in the rejection letter like we mentioned in the representations.

Let me know what you guys think please!

Thanks in advance and for all your help and advice so far.

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@cp8759 Hi, thanks for the reply. I'll get the PCNs to you soon along with any correspondence we get back from the council. In the mean time, the submission is as follows:

"Hi,

My name is [Name]
My number plate is: LS69 MGO

On 15/02/2024 I received 3 PCNs informing me of alleged offences happening between 06/02/2024 and 09/02/2024, one dated 13/02/2024 and two dated 14/02/2024 regarding driving down the Oxford Road bus gate between Charles Street and Brancaster Road.

I am a newer driver, dyslexic and the road (Hulme Street) is busy with many vehicles travelling down it and plenty of foot traffic from goods vehicles being unloaded and pedestrians crossing the road. This meant a lot of my focus had to be on the road ahead of me in order to drive safely.

Whilst advanced signs are present, they are to the side of the road with parked cars in front of them which obscure the information on them - especially when I have to pay so much attention to the road ahead due to traffic. Additionally, there are often goods vehicles unloading on the double yellow lines present on Hulme Street which further obscures the signs and due to their size adds to the pressure of driving down there.

At the junction from Hulme Street to Oxford Road there is no on-junction signage facing the direction of Hulme Street, like there is for the other directions. As there is on-junction signage facing all other directions indicating the restrictions on Oxford Road, I assumed Hulme Street was an intentional exception. The lack of road markings in this area compounded this misunderstanding.

On 06/02/2024 I drove down Hulme Street at 14:58pm - an incredibly busy time where there was plenty of foot traffic and vehicle traffic which took all of my attention. There were unloading goods vehicles and plenty of parked cars. I therefore was unaware of the advanced signage present.

Once I got to the junction, I could not see any signage indicating that I could not turn to the right from Hulme Street onto Oxford Road and, having missed the earlier signage and upon not seeing any road markings indicating that I couldn't, proceeded to turn right onto Oxford Road.

A few days went past, and on 09/02/2024 I drove down Hulme Street and turned right onto Oxford Road twice as my disabled partner needed picking up/dropping off at Manchester Metropolitain University. The conditions when I drove down Hulme Street both times on 09/02/2024 were similar to the time I drove down it on 06/02/2024 and once more I missed the advanced signage. As there were no road markings or on-junction signs, I made the right turn onto Oxford Road from Hulme Street twice more on 09/02/2024.

The PCN for 06/02/2024 had not been received by 09/02/2024, so I was unaware of the alleged offence when I turned right onto Oxford Road on 09/02/2024 or on 06/02/2024. I only became aware of the alleged offence(s) after I had received all three PCNs on 15/02/2024 (8 days after the first alleged offence and 6 days after the second and third), by which point I had made the turn three times.

Since I received the PCNs I have not turned right from Hulme Street onto Oxford Road as it was never my intention to drive through the bus gate - I was simply unaware of the restrictions due to the busy conditions concealing the advanced signage and on-junction signage not being present. Had I been aware of the restrictions the first time I went down Hulme Street, I would not have turned right onto Oxford Road - however I definitely would not have turned right from Hulme Street onto Oxford Road a further two times had I received the PCN from 06/02/2024 prior to my trips on 09/02/2024.

As I was unaware of the restrictions for various reasons and would not have repeated the contravention twice on 09/02/2024 had I been aware of the contravention on 06/02/2024 sooner, I consider requesting payment for all three contraventions a disproportionate punishment, especially due to my position as a full time carer only receiving universal credit (with disability element), and respectfully request that the two PCNs dated 09/02/2024 be cancelled and payment at the discounted rate be accepted for the PCN dated 06/02/2024.

I apologise for the time needed to formulate this representation - It took me a significant amount of time to face this issue without breaking down due to my anxiety, which I struggle greatly with on top of other mental health conditions. I am also dyslexic and required my partner to help draft and submit this representation.

Thank you for your time and consideration,
I hope this message reaches you well,

Respectfully,
[Name]"

In the subject line was "PCN Representations - MC19174954, MC19187195, MC19187559".

Hopefully nothing was said that'll shoot our chances down ;p

Thanks in advance!

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Well, problem is if she can't afford the discounted penalties, she's not going to afford the full penalties.  Fighting traffic-type PCNs means you have to go to adjudication, and that means no discount if you lose.

One appeal argument that could work is that as she missed the signs, she wasn't aware of the offence until the first PCN arrived, and two more had been issued between that offence and the date of receipt of the first PCN, so she could submit reps on the basis of not knowing about the offence until the first PCN arrived, and the subsequent two PCNs are a disproportionate punishment.

I was hoping there'd be some grounds like that. I'll be honest, I doubt she'd want to take it to adjudication anyway - she's already struggling enough taking PIP to tribunal. Just getting two of them struck off would be a massive help. Is there any specific wording I should use when making the representations on her behalf for that?

I'll still try to bring up the signage, but even if I had a case there I expect the standard "we investigated ourselves and found we did nothing wrong" if we don't take it to adjudicators.

Thanks for your advice and time :)

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Hi,

My partner was driving a few times through Manchester in February to drop her mum off at an event once (6/2/24) and pick me up twice (9/2/24). When she did this, she went down Hulme Street and turned right onto Oxford road. She did this a total of 3 times, and has received 3 PCNs in short succession.

She is a newer driver, dyslexic and the road is busy with many vehicles travelling through the road and plenty of foot traffic from loading goods vehicles and pedestrians crossing the road. This means a lot of her focus has to be on the road ahead of her in order to be driving safely and limits her ability to look around at the off road signage, which is often blocked by parked cars and goods vehicles which are loading/unloading despite being on double yellow lines.

As a result of this, she failed to notice the advanced signage all 3 times she drove down the road (and so did her passengers - including her mum who's an experienced driver), not that it's their responsibility - just to lend some credibility here).

At the junction, there is no obvious signage or road markings informing the driver that turning right onto Oxford road is disallowed so she made the turn.

On the 6th she drove down it once. Between 6/2/24 and 9/2/24 she received no PCNs or notifications of wrongdoing, so had no reason to think she couldn't drive that way, so she assumed that when she drove the same route to drop me off/pick me up from uni on the 9th due to my health conditions it would be okay. Due to the road conditions, she also failed to notice the advanced signage in this instance (on 9/2/24) too. No signage or road markings were visible from the junction at this point in time either.

She then received all 3 PCNs within a day of eachother (14th-15th Feb, I believe). Since then, she has naturally not driven down that road - and she wouldn't have driven down it on 9/2/24 once let alone twice had she received the PCN from the 6/2/24 prior to that date.

While I understand 3 days would be a rapid turnaround for a PCN to be drafted, sent and delivered she would not have continued to drive down that road once she had received a PCN for it (as evidenced by her... Not driving down that road since then! Haha).

This has caused her significant mental distress as she is on UC/LCWRA and can't really afford all 3 fines, let alone if the discount runs out. She has had multiple breakdowns as a result of this (hence why I'm posting so late - it's been tough to discuss!).

The advanced signage, while present, is often obscured and the roads in that area are too busy to spend searching for obscured signs. There are no road markings present and no signage on the junction itself when travelling down Hulme Street in that direction (despite there being visible on-junction signs when travelling from any other direction).

PCN footage 06/02/24 @ 3PM - https://youtu.be/kMzwM_zN3xw
PCN footage 09/02/24 @ 10AM - https://youtu.be/wyv4WGh1TMQ
PCN footage 09/02/24 @ 12PM - https://youtu.be/jQR-6_kHUMo

Advanced signage on the road - https://imgur.com/a/avNkA3s
No signage at the junction (Also shows lack of road markings) - https://imgur.com/a/L4Fw21C
Lack of road markings - https://imgur.com/a/0Ozsptb

Street view at junction - https://maps.app.goo.gl/Hu4k19qL76FqUJMAA
Street view at beginning of road - https://maps.app.goo.gl/tR4vTDFaekovUaGv7

Thanks in advance and any help is much appreciated!

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