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Messages - crxvtec

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1
I've received the NoR from Brent now, and the fine has been reset.

They're sticking by their guns on this so it'll need to go to appeal I think.

Please see encl.

https://ibb.co/W4yWd0D7
https://ibb.co/N2wPKpLg
https://ibb.co/ZpCR6m3d

2
Thank you for the reminder. I have got it witnessed by a friendly lawyer so will scan and send off tonight.

3
I've filled out a new PE3 form as per the link shared. I need to get it signed, scanned and sent off.

4
Understood, and thank you. How should I proceed with the form?

7
When I called them, the debt hadn't been registered. I called them back and it hadn't been registered then either. Then Christmas/New Year happened and I forgot all about it.

9
Assuming you made reps. wait for the Order for Recovery and TE form then show it.

I've received the Order for Recovery of Unpaid Penalties today. Should I just repeat the representations I made prior or is there anything further I should add?

10
I've received a NIP letter and downloaded the pack of evidence here:

https://ibb.co/fdXJjTCW
https://ibb.co/3m3tJjYM
https://ibb.co/spn8NHjv
https://ibb.co/21nBfnKb
https://ibb.co/WLjWdtZ
https://ibb.co/B53R0dj8
https://ibb.co/7NVyPw36

The number plate is barely legible in one photo and illegible in others. Does this allow grounds to contest?

Thank you,

C.

11
OK...would it be worth asking the council for their response to my representations in the meantime? I wouldn't want them to suggest that I never made them (they were made directly into their website so they could "conveniently" lose them...)

12
I have heard nothing since my last submission. I have now received this.

https://ibb.co/5xMkgLSk

I have been waiting for a response or cancellation but nothing arrived to date until this letter.

I also noticed that a previous PCN has been cancelled under appeal for the same circumstances: BT19070959

What should I do next?

13
Quote
adequate information
You have to demonstrate to an adjudicator that the signage is inadequate. The problem with what is adequate and what is not, is subjective. The council will always refuse your reps, because they won't consider their own signage as anything less than perfect.

Here's what I submitted.

Regulation 18 (1) of The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996:

"(a)before the order comes into force, the placing on or near the road of such traffic signs in such positions as the order making authority may consider requisite for securing that adequate information as to the effect of the order is made available to persons using the road;"

If you look at the placement of the restriction signs relative to the road junction, these signs aren't clearly legible when approaching the junction from St. Michael's Road, as happened in this instance, therefore there is only reliance on the advance warning sign, and the advance warming sign falls short of the required standard as it is bent out of shape, as evidenced in photos https://ibb.co/gZDgWN4H https://ibb.co/xKP98Jpr and https://ibb.co/p6kxxd6H

https://ibb.co/LzpBddWj shows that the nearside restriction sign placement is "side on" from St. Michael's Road, and therefore illegible. It also shows the far side sign is too close to the junction,  under a metre from the kerb, and in order to read it before passing it, the driver would need to be looking out of the side window, instead of the windscreen, when taking the right turn from St. Michael's Road to Mora Road. This is evidenced here: https://ibb.co/LhBzgF4X and the opposite perspective is shown here: https://ibb.co/Q7swJr27

Further, the camera evidence doesn't show any of the restriction signs - it simply shows a vehicle driving down a road at a given time.

In summary, the advance warning sign is damaged, one restriction sign cannot be read at all due to it being side on to St. Michael's Road, and the third restriction sign could only be read if not looking in the direction of travel, i.e., if driving without due care and attention, and that too only for a very brief moment during the right turn before that sign too becomes illegible as it would be side on. Without adequate information being presented to the driver, the offence did not occur and the PCN should be cancelled.

I note also that the website only allowed me to submit a general representation; it didn't have the various options that the form had. Please see https://ibb.co/Y5MTHz3

14
Just considering the point below:

"(a)before the order comes into force, the placing on or near the road of such traffic signs in such positions as the order making authority may consider requisite for securing that adequate information as to the effect of the order is made available to persons using the road;"

If you look at the placement of the signs relative to the road junction I think there's argument that the signs aren't clearly legible when approaching the junction from St. Michael's Road, as happened in this instance, therefore there is only reliance on the advance warning sign, and we've evidenced that the advance warming sign falls short of the required standard.

https://ibb.co/LzpBddWj shows that the nearside sign is side on from St. Michael's Road and therefore illegible. It also shows the far side sign is around a metre from the kerb and in order to read it before passing it, the driver would need to be looking out of the side window, instead of the windscreen, when taking the right turn from St. Michael's Road to Mora Road. This is evidenced here: https://ibb.co/LhBzgF4X and the opposite perspective is shown here: https://ibb.co/Q7swJr27

In summary, the advance warning sign is damaged, one restriction sign cannot be read at all due to it being side on to St. Michael's Road, and the third sign could only be read if not looking in the direction of travel, i.e., if driving without due care and attention, and that too only for a very brief moment during the right turn before that sign too becomes illegible as it would be side on.

15
I've noted that the signage before the turn is all bent out of shape and doesn't face the roadway squarely.

https://ibb.co/album/gM8p2r

I expect that this falls below the required standard for signage...does anyone know?

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