Free Traffic Legal Advice

That is weird. I updated the file on Google drive and the link now shows blacked out address to me. Not sure what else to do

Thanks everyone. I think I should maybe just pay this one as I'm relying on mitigating circumstances which are excluded and none of the accepted grounds apply (I don't fancy trying to argue the one about the penalty charge exceeding the amount applicable in the circumstances).

I found the acts on the Tribunals website - interesting reading. I've downloaded them for future.

Sorry - further question. I'm just looking at the form itself (if I appeal) and the form does not contain the grounds for appeal listed above of "there has been a procedural impropriety on the part of the enformcement authority". It only allows me to choose:

- contravention did not occur
- vehicle was in the control of someone without my permission
- hire firm
- not the owner at the time
- penalty charge exceeded the amount applicable in the case

So I am unsure how I could even try to appeal?

Thanks. I just checked the info on the Tribunal page and it doesn’t look like I have grounds to appeal as it says the Tribunal can’t consider mitigating circumstances…

Here is the info:
Notice of Appeal
This is the form which the enforcement authority should send you their Notice of Rejection. The grounds on which the adjudicator may allow your appeal are the same as for making representations:

The contravention did not occur;
You were not the owner of the vehicle at the relevant time;
The vehicle was parked by someone in control of it without the owner’s consent;
The vehicle is owned by a hire firm who have supplied the name and address of the hirer;
The penalty exceeded the amount applicable in the circumstances of the case;
There has been a procedural impropriety on the part of the enforcement authority;
The Traffic Order allegedly contravened is invalid;
The civil enforcement officer was not prevented by some person from fixing the penalty charge notice to the vehicle or handing it to the person in charge of the vehicle.
The penalty charge has already been paid.
The adjudicator can only allow an appeal if one of these grounds applies. Adjudicators cannot allow appeals for other reasons, e.g. mitigating circumstances, although they can refer the matter back to the enforcement authority for reconsideration if there are compelling reasons for doing so.

Well they rejected my representation. Don’t think they even read it as it doesn’t mention anything I said, just a standard response. Guess I’ll have to pay it as I can’t deny crossing the boundary of the school street, I just had extenuating circumstances 

Ok, here goes. It is basically begging:

I entered the school street before the restriction came into force, via the Shernall St end of Addison Road. The restriction starts at 3pm and I entered at 2:30pm for a doctor’s appointment at the Addison Road Medical Centre at 2:45pm. I have attached evidence of the appointment. There should also be video evidence of me entering the zone at 2:30pm.
 
I have to drive to the medical centre as I am a blue badge holder with very limited mobility. I parked on Addison Road, within the zone, just before the junction with Ravenswood Road. As I have only recently registered with this practice, I checked the restrictions before making my journey and this confirmed that I would be able to leave the zone without penalty during the restricted times.
 
I left the doctor’s surgery just before 3:40pm, pulled out the parking space and turned round at the first available gap (3-point turn), leaving the same way I had come. Unfortunately it appears that in turning round, I crossed out of the zone and back into it. This would only have been by a few metres. The video is cropped to only show my car crossing back into the zone but if video exists for a minute before this, you will see me pull out of my parking space and turn around. If I had been able to turn exactly where I was parked, I would not have incurred a penalty as it is permitted to leave the zone if you entered it before the restricted time.

Please can you cancel the ticket on this occasion. I have now been sent a map by the school streets team showing me how I can get to the doctor’s surgery avoiding the restricted roads, so this will not happen again.

Quote from: Rumtruffle on September 14, 2024, 02:54:48 pm

It isn't quite as simple as the signs are magnetic and they put them up, take them down, depending on whether the restriction is active at that time. You can see that at the other end of the road on Google maps (shernall road/addison road junction) as the signs are not up in the photo. However, I would assume that they were up on this particular day as the school term started on this exact day. Is it a definite that they don't have to show you passing the sign with the sign in the picture? If so I will just beg as per my original defence as I only turned around outside the area.

Term started the day before I think. The signs have shutters that blank the restriction out of term time, which is good practice as we see other councils skimping on this and just saying 'term time'. It is possible they forgot to open the shutters and I doubt they have evidence they did but an adjudicator is likely to accept their word.

I would certainly make a polite ask based on being in the zone and turning just outside. The medical appointment is evidence. But they may play hardball and not use discretion.

Thank you. I think I will end up doing this.

For a PCN to be valid it must contain certain information

What is required in this one is set out in the LLAA2003 section 4

8 (v)that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable;

(vi)the amount of the increased charge;

Both of the above seem to be missing, this is an almost certain winner at tribunal

Sorry my fault - there is a second sheet of paper. Is this what you are talking about? If so, then it has been provided.
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