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Messages - david

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1
Thank you @Hippocrates, by no time to delay, do you mean that I should send the appeals for the remaining two PCNs? I Will use the same appeal as the one I posted on 23rd Dec.

2
If anyone is still following, I am going to submit this draft I wrote as the appeal today because it is the 28th day since receiving the PCN. I will be using the 'Other' option on the website.

I will update the outcome in case anyone wants to refer to it in the future. I will submit this same appeal for the 2nd PCN on Wednesday unless anyone would like to offer any input - please do as I have submitted 4 drafts that I see being requested in other threads, but unfortunately, I have not received feedback on my drafts.

Formal Representation for PCNs PN76128305, PN76141267, PN76178620

Dear Newham council,

I am writing to appeal the above PCNs issued for “Failing to comply with a restriction on vehicles entering a pedestrian zone” at Gainsborough Road E15 / Manor Road E15.

The alleged contraventions occurred on the following dates:
PN76128305: 15/11/2024 at 09:02 (letter received on evening of 25/11/2024)
PN76141267: 18/11/2024 at 08:52 (letter received on evening of 28/11/2024)
PN76178620: 25/11/2024 at 08:56 (letter received on evening of 03/12/2024)

Grounds for Appeal:
Until the first PCN was received (PN76128305), we were unaware of the pedestrian zone restriction at this location. The subsequent PCNs (PN76141267 and PN76178620) occurred during this period of unawareness, as there was no opportunity to adjust our route before being informed of the restriction.

We now understand the restriction and have taken steps to avoid this route. However, I respectfully submit that issuing multiple PCNs for the same unintentional mistake, before the driver is aware of the restriction, seems disproportionate.

I was willing to pay the first PCN issued.

However, when attempting to appeal these PCNs on your website, I am presented with options for grounds of appeal that do not align with the legislation governing these PCNs, specifically the London Local Authorities and Transport for London Act 2003.

The following options are listed:   
F. There has been a procedural impropriety by the Enforcement Authority   
G. The traffic order contravened is invalid  H. The Notice should not have been served because the Penalty Charge had already been paid.

These grounds are not valid under the legislation applicable to the PCNs I have received and instead pertain to appeals under the Traffic Management Act 2004. Offering these options is misleading and potentially prejudicial to those trying to submit a valid appeal.

Given these issues, I challenge the validity of all three PCNs on the basis that your website is not fit for purpose and has not provided a fair or lawful means to submit my appeal. I was prepared to pay the first PCN at the discounted rate; however, the subsequent PCNs appear disproportionate. Therefore, I respectfully request the cancellation of all three PCNs..

Yours faithfully,
David

3
Does anyone else from the forum have any advice on what I should do, as Monday will be the 28th day since I received the first PCN and so I will have to submit an appeal?

Not sure which one of my drafts I should submit, and if I should choose the 'Other' reason for the appeal on the website.

4
Hi @Hippocrates, do you have any updates from Newham council? It's nearly 28 days since I received my first PCN, and I will have to submit it soon.

If that is the case should I appeal using my most recent draft under the 'Other' reason on the website?

5
Hi @Hippocrates, are you trying to reach out to them on my behalf? I'm a bit confused about what is happening, where and how I should contact the council, and if the draft above is good?
Thank you!

6
Oh right, thanks for explaining! I have a few follow-up questions:

1. How should I let them know this, as trying to phone them doesn't let me speak to a person or leave a message as an automated voice says that they do not discuss PCNs over the phone, and emailing them has never got a response for me. Do I appeal under the option 'Other' from the list of options in the first message from @Hippocrates?

2. About the content of the message, I'm not sure if I it's ok that direct haha, I'm worried they'll refuse to cooperate. Could you please advise me how I could structure the message to them - should it be more direct?

3. Should I include the grounds for appeal suggested by @Incandescent that with such delayed advice of the contravention, (the PCN arriving), the penalty is disproportionate? Just to have two reasons for appealing in case one of them isn't sufficient.

Thank you again for your time and help.

Draft:

Dear Newham Council,

I am writing to challenge the following PCNs issued to me: PN76128305, PN76141267, and PN76178620.

When attempting to appeal these PCNs on your website, I am presented with options for grounds of appeal that do not align with the legislation governing these PCNs, specifically the London Local Authorities and Transport for London Act 2003. The following options are listed:

    F. There has been a procedural impropriety by the Enforcement Authority
    G. The traffic order contravened is invalid
    H. The Notice should not have been served because the Penalty Charge had already been paid

These grounds are not valid under the legislation applicable to the PCNs I have received and instead pertain to appeals under the Traffic Management Act 2004. Offering these options is misleading and potentially prejudicial to those trying to submit a valid challenge.

Given these issues, I would like to challenge the validity of all three PCNs on the basis that your website is not fit for purpose and has not provided a fair or lawful means to submit my appeal.

Yours faithfully,

7
Thank you all for your continued help with this.

Today marks day 14 since I received the first PCN, and the website states that if the appeal is made within 14 days then the penalty discount of £65 will be offered. I would like to avoid paying £130 for each PCN if they get rejected.

I just want to confirm that the recommended action for me as of now is to hold off sending the appeals for now?

I understand from the sticky that it takes time to review all regulations for each PCN and there are many others on the forum that are being looked at - I don't mean to rush anyone, I am just unsure of what I should be doing (if anything) and if someone is currently looking at this?

@H C Andersen, should I adapt my draft to exclude mentioning the signage completely?

So:

Appeal draft:

Formal Representation for PCNs PN76128305, PN76141267, PN76178620

Dear Sir/Madam,

I am writing to appeal the above PCNs issued for “Failing to comply with a restriction on vehicles entering a pedestrian zone” at Gainsborough Road E15 / Manor Road E15.

The alleged contraventions occurred on the following dates:

PN76128305: 15/11/2024 at 09:02 (letter received on evening of 25/11/2024)
PN76141267: 18/11/2024 at 08:52 (letter received on evening of 28/11/2024)
PN76178620: 25/11/2024 at 08:56 (letter received on evening of 03/12/2024)

Grounds for Appeal:

While reviewing the location on 28/11/2024, I noted that the signage is not sufficiently prominent or clear to provide adequate warning to motorists. A sign at the roundabout is partly obscured by a tree, and another is positioned after entering Gainsborough Road, at which point compliance is no longer possible.

Until I received the first PCN (PN76128305), I was unaware of the pedestrian zone restriction at this location. The subsequent PCNs (PN76141267 and PN76178620) occurred during this period of unawareness, as there was no opportunity to adjust my route before being informed of the restriction.

I now understand the restriction and have taken steps to avoid this route. However, I respectfully submit that issuing multiple PCNs for the same unintentional mistake, before the driver is aware of the restriction, seems disproportionate.

I kindly ask for the cancellation of PCNs PN76141267 and PN76178620, as these occurred due to unawareness of the restriction. I am willing to pay PCN PN76128305, as I recognise this as the first notice I received and understand the restriction now.

I hope the council will consider the circumstances and the delay in notification, which prevented me from addressing the issue promptly. My intention was never to disregard traffic regulations.

Thank you for your time and understanding. I look forward to your response.

Yours faithfully,

8
Thank you, I’ll hold off on sending the appeal for now.

Sorry if I’m misunderstanding, but their website only allows me to select one option at a time. Your reply highlighted three of the options in red — does that mean I should submit one PCN for each of the three options?

So:

PCN 1 under option F,
PCN 2 under option G,
PCN 3 under option H?

Just want to make sure I’m doing this correctly, thank you!

9
Thank you very much for the quick reply and advice! I took your points on board and drafted an appeal focusing more on the delayed notification but also mentioning the issue with the signage.

I’ve tried to keep the tone non-confrontational as you suggested, and acknowledged the first PCN while asking for discretion on the others. Would it be possible to review the draft below and let me know if there’s anything I could improve please?

I also want to ask if I should attach the link to the video in the appeal?

Appeal draft:


Formal Representation for PCNs PN76128305, PN76141267, PN76178620

Dear Sir/Madam,

I am writing to appeal the above PCNs issued for “Failing to comply with a restriction on vehicles entering a pedestrian zone” at Gainsborough Road E15 / Manor Road E15.

The alleged contraventions occurred on the following dates:

PN76128305: 15/11/2024 at 09:02 (letter received on evening of 25/11/2024)
PN76141267: 18/11/2024 at 08:52 (letter received on evening of 28/11/2024)
PN76178620: 25/11/2024 at 08:56 (letter received on evening of 03/12/2024)

Grounds for Appeal:

While reviewing the location on 28/11/2024, I noted that the signage is not sufficiently prominent or clear to provide adequate warning to motorists. A sign at the roundabout is partly obscured by a tree, and another is positioned after entering Gainsborough Road, at which point compliance is no longer possible.

Until I received the first PCN (PN76128305), I was unaware of the pedestrian zone restriction at this location. The subsequent PCNs (PN76141267 and PN76178620) occurred during this period of unawareness, as there was no opportunity to adjust my route before being informed of the restriction.

I now understand the restriction and have taken steps to avoid this route. However, I respectfully submit that issuing multiple PCNs for the same unintentional mistake, before the driver is aware of the restriction, seems disproportionate.

I kindly ask for the cancellation of PCNs PN76141267 and PN76178620, as these occurred due to unawareness of the restriction. I am willing to pay PCN PN76128305, as I recognise this as the first notice I received and understand the restriction now.

I hope the council will consider the circumstances and the delay in notification, which prevented me from addressing the issue promptly. My intention was never to disregard traffic regulations.

Thank you for your time and understanding. I look forward to your response.

Yours faithfully,

10
Hi all,

I was looking to appeal the PCN by myself, but found this really helpful forum today and I’m looking for advice on appealing a series of PCNs I’ve received for "53J - Failing to comply with a restriction on vehicles entering a pedestrian zone (camera enforcement)."

Details of the PCNs so far:

Date & Time: 15/11/2024 at 09:02
Date & Time: 18/11/2024 at 08:52
Location for both: Gainsborough Rd E15 / Manor Rd E15



The photos of the PCNs can be found here: https://imgur.com/a/pcn-hyqyIfD

The turn into the road was used frequently recently about three times a week, and the sign was not there/visible until the PCN was received which friends and family confirm. I am worried there might be more PCNs on the way. I tried calling the council to check for any additional PCNs so I could address them all in my appeal(s), but their automated system says they cannot discuss PCNs over the phone, no matter which options I try. Emailing them appears to require 28 days for their response, but from my experience I have never received a response to any of my emails.

The key points of my appeal are that:

- I believe there were no clear signs about the pedestrian zone restriction along Manor Rd before turning into Gainsborough Rd at the time. When I checked on Google Maps, there didn’t seem to be any signage visible by the turn either. (Streetview link https://maps.app.goo.gl/t8chvY9uwZnv9WiQ9)
- On 28/11/2024, I visited the location and found a small sign positioned just before the left turn at the mini-roundabout, but it’s partly obscured by a tree and not easily noticeable (please see the video here https://imgur.com/a/vid-XQEhtUk). Another sign is located just after entering Gainsborough Rd, but by the time you’ve seen it, it’s too late to avoid the restriction.
- Genuinely had no awareness of this restriction until I received the first PCN. If there had been clear and prominent signage, then this road would have been avoided.

I have a few questions that I'd like to ask about the appeal:
- Should I include evidence like photos of the obscured signs or screenshots from Google Maps in my appeal?
- I read on another forum that it might be worth asking for "mercy" and explaining the mistake, asking to pay for one PCN as multiple PCNs is a disproportionate penalty, especially since this was unintentional and there might be multiple PCNs. Has anyone had success with this approach? https://www.mumsnet.com/talk/_chat/4865451-embarrassing-multiple-pcns-i-have-no-option-but-to-pay-do-i
- Is there a better way to check for any other outstanding PCNs so I can address them all at once apart from the phone?
- The PCN letters do not specify that appealing within 14 days will guarantee the discounted rate should the appeal be rejected, however their website mentions that appealing within 14 or 21 days will hold the discounted rate for a further 14 or 21 days from the date of their response. I've read a similar thread here that the 14 days do not matter if appealing - is this true? I would like to avoid paying the full amount if the appeals are rejected


Any advice or guidance would be greatly appreciated, especially if anyone has dealt with similar restrictions or this specific location. Thanks in advance for your help!

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