#8 PCN - BAILIFF STAGE
on 03 Mar, 2025 18:04 in Civil penalty charge notices (Councils, TFL and so on)
Good day,Following the rules the required details are as follows:COUNCIL- LAMBETH COUNCILCONTRAVENTION: 52m- FAILING TO COMPLY WITH A PROHIBITION ON CERTAIN TYPES OF VEHICLES (MOTOR VEHICLES)PCN NUMBER: LJ28811356REGISTRATION NUMBER: LC17MUADATE: 20TH JUNE 2024TIME: 16:50LOCATION: SANDMERE ROAD CLAPHAM SW4 I was issued a PCN for entering an emissions-controlled street in Lambeth. My understanding was that the vehicle needed to be mechanically propelled. My motorcycle was malfunctiong. I had tried the following;- Getting it towed but the waiting time frame was too long-The cost implication to get a tow to a repair center just 10 minutes away was over £100.Leaving my motorcycle would either get me a PCN, a tow, or vandalism from teenagers who either steal or destroy. Lastly, I needed it for work.I proceeded to push it all the way. I saw an opportunity to cut the journey short by using a street with a no entry sign to drivers. I was physically pushing a non functional motorcycle and believed this did not apply to me.Received a PCN for the day in question. I apologized for the usage and explained my circumstances and even provided a repair receipt for the date in question, but it was refused. They stated that by pushing it, that was mechanical propulsion.This was taken to the independent Adjudicators twice who ruled against me, which I am still totally confused about. I was hoping for my day in court, but it has now been placed in the hands of bailiffs as of yesterday.To reiterate on my stance:- I used the street because it was safer in the sense that I was pushing a heavy motorcycle down a street with traffic moving from both directions with impatient patient drivers. - There was a risk of hurting myself, (I had already fallen from the weight of my bike and it was a wet day), hurting pedestrians, damaging other people's vehicles if it was to fall on a car.- I could not tow because of the waiting time, cost, safety implications and faced a penalty risk if I left it.I had also looked into reasons why the controls existed- Emissions reduction- Reduced traffic congestion- Noise pollution- Safety for children/pedestrians- Parking for the local residents and visitors.With a non-functional motorcycle weighing over 300kg, I'm a cyclist and pedestrian myself, moving 1 meter a minute with no emissions released, no sound pollution, moving too slow to be a risk to any pedestrian but myself, and having no intention to park as it was a pushing path to the mechanic workshop. Most importantly, I have my repair receipt for the day. The law exists to protect us, but I feel victimized by its expression in this situation. I'd appreciate your legal perspective and suggestions on how to proceed. WETRANSFER PHOTOLINK- https://we.tl/t-MENs6ukNsA