Free Traffic Legal Advice

Good afternoon,

Refreshing this after the weekend - is my grasp of Section 4( correct?

Unsure if Brent's web page is compliant with its lack of statutory defences .

KR,

James

Hi, Sorry for posting at the weekend. I've yet to make my reps - I'm assuming the reps you're referring to are the inevitable NoR reps by Brent that will surely follow my initial representations.

And have I grasped the concept of Section 4(?

Many thanks,

James.

Good afternoon ,

I have received a PCN for a yellow box junction at the location mentioned.  I have not worked out how to upload the video but it's worse than I recalled at the time.  A vehicle enters Salusbury Road from my right and as the traffic moves off South it stops with the vehicle stopping in the space I was anticipating to be free.

I have done some research on this (very useful) forum and note that many of the appeals focus on Section 4 (eight) of the relevant legislation and the difference in timeframes of 'date of notice' and 'date of service' effectively creating two distinct deadlines that contradict each other.

I have attached the PCN and hoping the collective subject matter experts can comment as to whether I have a case based on this.  Additionally, the website under Representation Grounds only provides one box entitled 'General Representation' and not the statutory ones included on the PCN.

The box junction extends beyond the junction on the nearside outside Starbucks but I don't know if that's sufficient for a representation as it doesn't conform to the regulation design (Traffic signs and something but I can't recall the exact legislation). 

PCN via One Drive

https://1drv.ms/b/c/226a65a9954e031c/IQDEz04gzYJNSJRiIw6siDCoASqsUOPxFaJbkfHVFJL_2OY?e=zeZd0N
https://1drv.ms/b/c/226a65a9954e031c/IQAnRXBTIy6cT6zM9aUrNQ7uAU1QHZnrRoTWtw0I15aHBdA?e=AkZKGb
https://1drv.ms/b/c/226a65a9954e031c/IQAFzuj7ZrEXRJ1GWDLrMRMkAewR7nA9nf7fzR2udzdertA?e=hBgQjr

Google Location

https://maps.app.goo.gl/qf2DVeikddgS4cdj7
https://maps.app.goo.gl/T6WajmEK86JwV24p9

The video may work from here;

https://brent.tarantoportal.com/PCN/PCN/ViewImages

BT27358726
WD08HNL

The video is pretty damning and I'm rather embarrased TBH!  But the moped managed to get round.....

I have looked at London Tribunals 2250161512 and 2250426286 and crossing my fingers that there's a loophole that I can exploit.

Many thanks,

James

This is all great info and reinforces my belief that Brent's reps aren't worth the paper they're written on.

Fingers crossed.

https://drive.google.com/drive/folders/1JCTkDBjsE-8-PPjRAPpmCCOfqgySWfMh?usp=drive_link

If this doesn't work I will accept your request for access.

Here are the reps that I made.

Your Notes: Alleged contravention - 01.03.2024 Processed 08.03.2024 Received 12/13.03.2024 On receiving the PCN I revisited the location of the alleged contravention and note the extensive roadworks on the northbound carriageway of Chamberlayne Road between Mortimer Road, Mostyn Gardens and Bolton Gardens. The junction of Kempe Road is within these roadworks. I have taken a number of photographs of the area but I am limited to three (3) files for you to consider. Photo 1 looks northbound on Chamberlayne Road and has a 20 mph roundel but no 'no right turn sign' indicating that there is a restriction in place. The large black rectangular sign above the warning triangles on the pavement is a 'no right turn sign' but is facing the wrong way. Photo 2 details a view if I were held at a red traffic light signal - in fact, I would be further over to the right hand side as I was unable to use this position with traffic present. The angle to view the additional signage on Kempe Road is far too tight to even see as it is effectively side on and not angled in for the benefit of traffic traveling north. Photo 3 is a further demonstration of the tighter angle as I would have been driving North on the southbound carriageway once the lights allowed me to proceed. https://www.gov.uk/guidance/the-highway-code/traffic-signs The www.gov link details the signage that should be present for signs giving orders such as a no right turn - a roundel with a red outer and and a right turn struck through diagonally at 45 degrees. There was no such sign on Chamberlayne Road on the approach to Kempe Road to warn motorists of the restriction. Additionally the signage at the mouth of the junction is such that the angle it is mounted at prevents oncoming traffic from seeing it and this is compounded as I was effectively driving on the wrong side of the road. The only no right turn sign was on the large, black rectangular sign near the warning triangles but this was facing the wrong direction. Traffic in the area was extremely bad and looking back on social media to try and recall why I was even there I remembered that the junction of Salusbury Road and Harvist Road was having electrical works done and the place was gridlocked. Chamberlayne Road is also a major bus route with the 6, 28, 52, 187, 302 and 452 all travelling North on Chamberlayne Road - these have frequently been stacked up at the lights at the roadworks and being stuck behind a bus limits one's vision of signage (if it were there). Taking all the above into account I hope that Brent Local Authority will see that the signage at the location was insufficient and that the prevailing traffic conditions caused by the roadworks were such that the PCN should be cancelled. I have additional photographs of the area should you wish to view. Many thanks, James.

Uploaded Evidence:

20 limit - further out in road.jpg
View if held at red light.jpg
View moving north on south carraigeway .jpg

[ Guests cannot view attachments ]

My appeal was successful but TfL have, in turn, appealed that decision.

I will cut and paste my entries on Pepipoo here.

TfL are taking the **** with this - they know full well about the decision but persist with CCTV issued PCNs knowing that the vast majority pay up. It's purely a revenue stream for them and they could easily issue PCNs through CEOs and comply until such time any JR is resolved.

I will dig out the basis for TfLs appeal and post but at the moment just sitting back and waiting for it all to play out.