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Messages - FishBoy

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1
An update on this case...

@Hippocrates kindly submitted an appeal on my behalf to the London Tribunals on 24th Dec 24, I believe without providing any evidence from our side. The hearing was set for Feb 10th 25. I was just starting to get geared up for this when I received an email with an attachment of the letter below.

So I presume that is case closed? No hearing, no fine?

If so then obviously I am very relieved, and pleased that the outcome reflects common sense. But a small part of me does want to know whether the reason for not contesting the appeal was due to fairness & justice, or was it just some admin issue - not having the resources or something?

Does this thread need to go in the successes folder or somewhere?

Many, many thanks for all your help.



2
Yes the discount was offered for 14 days, which should have been 12/12, but the status quo was stating it would go up to £195 then instead of £130?

Another thing I would like advice on, the height of the restriction signs. I think I've read that there are no regulations / guidelines for this, but I went out and measured them today and the bottom of the signs are 3.4m & 3.6m. Surely that is too high? If you're turning left there's no way you can see them from the driver's seat!

3
Just checking the status quo, it's still asking me to pay £65, but it's now saying it will increase to £195 "very soon". Is this vague timescale within the regulations? Do I need to guess when it will be? Is this another ground for appeal?




4
@Hippocrates could you briefly explain the appeal process please? And would you be willing & able to assist me with it? Many thanks.

5
@Hippocrates If you have time I'd appreciate a realistic indication of my chances at tribunal, to allow me to decide whether to appeal.

What would be the grounds for appeal? Would it purely be the anomalies with the PCN dates & incorrect / threatening demands for payment, or are there other reasons - inadequate / confusing signage, the road being closed affecting the choice of routes available, the lack of an address for physical payment?

Many thanks as always.

6
@Hippocrates

I had to scan it as a PDF which I then found Imgur can't handle, so have stored it on Google Drive, share link is here -

https://drive.google.com/file/d/1_dGKHd_WcgUKR73n4rWLHI3MA0wEwrhF/view?usp=sharing

Please shout if you can't access it.

Many thanks.


7
@Hippocrates

Notice of Rejection of Representation received 28/11/24, dated 25/11/24

Should I scan & post it here?

What are the next steps?

Many thanks.

8
@Hippocrates

Representation submitted, will let you know the outcome.

Many thanks.

9
@Hippocrates is the below ok for submission - I've made bold the changes I've made to your original text.

Also should the lack of postal address for payment be included?

Do I use the "contravention did not occur" option on the representation?

Dear Lewisham

Ref:  PCN ZY09848835      VRN GV59FUT

I make the following formal representations against the said PCN:

1. There is a confusing plethora of signage at the location and the actual restriction signs are so high as to make them unobservable from a driver's seated position.

2. The only advanced warning signage before the junction is on the right hand side, coloured blue, and obscured by a tree, which is inherently unfair as the council does provide such at many other locations.

3. I enclose a screenshot of the current status quo concerning payment and refer you to Case no 2240362722 in this regard. The dates are clearly wrong.

4. Finally, I make a collateral challenge against the wording of the PCN which "acts as notice to owner" which is a conflation of two legislations and, considering the inclusion of a considerable part re 56 days etc - this belongs to parking legislation - it is perfectly reasonable to expect you to include the grounds of appeal from that legislation in addition.

In light of the above

Please cancel the PCN

10
Thanks Hippocrates, apologies for not responding sooner but for some reason I didn't receive a notification for your latest post.

So should I just copy & paste your comments into the appeal section on the Lewisham website?

Just one query - there is an advance warning sign, but it's blue, is on the right hand side of the road, and it's partially obscured by a tree. Does this change matters?

And in your opinion, what are the chances of a successful appeal?

Many thanks.

11
Hi Hippocrates,

I appreciate you are super busy, just wondering if you have had a chance to draft anything yet for this?

The online portal is still showing that the PCN will be at the discount stage until 18/11, despite our calculations being that is today.

Many thanks.

12
That's what I thought, but then wondered if maybe it was working days, or from the date the letter was expected to be received, or...??

Is the lack of postal address for payment still a valid point?

Many thanks.

13
Thanks Hippocrates.

If by the "status quo" you mean the online portal thing, then it is below.

If it's something else, you may need to direct me!



14
Thanks for the reply.

Yes, I only noticed that diversion sign when posting these, but you can see how the road bends to the left, which would have meant reversing / maneuvering to then go right. And as at the time my intention was to continue straight on and then turn left later on, it seemed sensible to go left here instead.

On checking later there is an advance sign on the right of the road, partially obstructed by a tree - image below. But, again, as I was planning on continuing straight on I would have been past it before realising I couldn't, so it wouldn't have been any use?

Many thanks.



15
Hi, my son had his bike forcibly removed from him on the way back from an after-school music lesson, he was shaken but thankfully unhurt. The police have classed it as robbery from a minor and are therefore investigating. In the following days I felt I had to do something, so visited the area to see if I could identify any useful CCTV and maybe even spot the bike and / or culprit (yes, I know...). It was during one of these trips that I inadvertently drove down a pedestrian zone road - I was completely unaware until I got to the end and saw the 'end of zone' signs. I drove back around the block, absolutely dumbfounded as to how I could have missed any signs, then realised that the likely cause was that the road I was originally heading along was blocked by roadworks, which effectively forced me to turn left into the pedestrian road, and by that point the signs were so high that they were impossible to see from the seat of a car.
 
Many thanks in advance for any help you can provide, this just feels so unfair as I didn't know the area, was trying to take some positive action following an upsetting crime, the road ahead was closed and the signs just were just too high to see!
 
I've posted the front & back page of the PCN (there was also the standard "How to challenge" sheet). I noticed that the "PCN Spreadsheet" shows that Lewisham have a known flaw of omitting a postal address for payment, is this still a valid / effective method for cancellation?
 
Incidentally I've calculated that the 50% discount expires this Mon 11/11 (14 days from 29/10) but the online portal is showing Mon 18/11?
 
Link to Google Streetview of the location, although it appears to be from 2015 before the restrictions were introduced -
 
https://maps.app.goo.gl/2vfqd3kt56x6EQWg9
 
I've also posted images of:
 
(1) the view I had when approaching the roadworks / junction - the signs are to the left, you can see how high they are (and also that they have no illumination - do the regulations state they should and is this a ground for cancellation?)
 
(2) the view I had when realising the road ahead was closed and I would have to take a different route - note the signs at this point are not visible, only the inviting one way signs...
 
(3) the view down the pedestrian zone road
 

 

 

 

 

 





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