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Messages - Pcnninjagirl

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1
Final update, thanks to everyone who helped me, stamfordman 🙏 and pastmybestt 🤩. Couldn’t have done it without you. My sister is chuffed, she’s a ticket collector, so, I’ll be back in the future😂

https://imgur.com/a/YLR0Gl8

2
They mentioned the sign was there with round red and horizontal white line. So, I suppose they addressed my concern, albeit, the sign can’t be seen.

Anyone else with input please, next stage is to appeal to the tribunal I guess.

I think they've handed you a win here. Their site said it was on hold and you could submit a challenge - she did so and they pretty much ignored it saying they cancelled the charge certificate but this was established anyway.

But did she just send what I wrote?

See what others say but although the discount is on offer I'd take it to the tribunal.




3
She’s received a reply, please see below. Basically, to pay up and the sign was there. Don’t think they even looked at the pictures enclosed.


https://ibb.co/5hrY5kPg
https://ibb.co/DyGM4KJ
https://ibb.co/GvHdkydL

4
Thanks, their online one won’t allow it, I’ll get her to email it. Will update once they reply.

5
I’m completely lost now with you guys talking about legislations 🥴

What exactly, should I get my sister to do please from here? Copy your letter and pictures and send to the council, challenging the penalty?

6
Thanks Stamfordman. I’ll get sister to email them with your suggested challenge, unless anyone else, has another input.

I think there is a good case.

I've looked at the tribunal and there are cases refused where drivers have turned right and u-turned, as clearly they would have seen signs. Once you go over the road lines and past signs the contravention is made out.

There is one case where the adjudicator couldn't be sure the line was breached.

But your video showing the approach from the left is convincing as the nearside sign is not pointing towards traffic.

An adjudicator also posted this which someone may be able to make sense of:

[ For future reference it would appear that by virtue of Schedule 3 Part 5 Para 1 Traffic Signs Regulations and General Directions 2016 the sign must be supported by (in this case) a TMO. The sign in question is not specified as a s36 Traffic Sign - column 6 of Schedule 3 part 2 specifies the applicable provisions of Part 4 only as 2 and 4, not 1 which is the application of s 36. If the Council is aware of authority or legislation to the contrary it might be wise to refer to it in any future case of this type]


Anyway I think a challenge should be sent soonest and I would send:

Dear Harrow,

thanks for giving me the opportunity to challenge the PCN and I do so on the grounds that the no entry signage could not be seen on my approach from the left, where I only entered the mouth of Grove Hill Road to turn around as seen in your video.

I have been back to the location and made a video walking to Grove Hill Road, and the left-hand no entry sign is not positioned to be seen by a driver turning left.

I enclose a picture.

I trust you will agree that no contravention occurred owing to inadequate signage and look forward to your early confirmation of cancellation.

---------



7
It’s been like this a week now, think they’ve just reduced it and not communicated it. I guess, my sister can email in a challenge and potentially go to tribunal if need be.

I feel the sign, when coming from where she drove from, isn’t clear.

They've put it on hold and say they'll accept a challenge.

The tribunal can be hard to search - I'll have a look tomorrow.



8
Checked the register for Harrow council and that particular road, nothing I can rely on but I’ll broaden my search tomorrow.

We've seen this one before - question is this manoeuvre a breach of the no entry given the visibility of the approach from the left - I don't think it is but can't recall outcomes. We should check the register.



9
No, I wrote to the council that the initial pcn wasn’t received. So they adjusted the penalty. However I feel, my sister might have grounds to appeal. What do you think about the signage not being adequate from where she drove from?

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Another thing, Harrow has reduced it from £195 to £65.

11
Could someone help me determine if my sister  should appeal please. She didn’t notice the sign of no left turn and so used that entrance to turn around. I went there and sure enough, the sign wasn’t facing the motorists. What do you think please?
https://drive.google.com/file/d/18FZOGj-EpFKWUatdNNUUXRgDiFzPieYr/view?usp=drivesdk

12
Thanks, I’ll check it for her daily and see when it goes up.

13
It’s the technicality that I’m hoping for, can you see any please?

Well, we're clever, (says he, boasting !), but we're not miracle workers. The contravention does seem to be made out.  She parked in a marked-out bay, so that gives her a duty to look for the sign for the bay to see what the conditions of use are. The sign is clear enough.

Whilst there may be a 'technical' appeal argument based on Harrow mismanagement of the enforcement process, these sort of things are usually only dealt with at the adjudicators, London Tribunals with the full PCN penalty in play. So if such an argument is presented here, she would have to forego the discount option.

Is there any mitigation you know about ?

14
She received this on Saturday. Looks like a photocopy and address is correct on it. Any advice on how to proceed now please?

https://ibb.co/5hcqYmyV
https://ibb.co/TMLDRRzP

She challenged it. I’ll get her to call them and Monday and find out the address they’re sending it to.

Fine, but did she get the address the council are using to send out the statutory documents ? Two have gone astray now. It could be an error of the council when transcribing the address provided by the DVLA, to use in their enforcement process.
Don't forget to keep an eye on the debt amount. As soon as it gets to £205, it means the debt is registered at TEC and a Statutory Declaration can be submitted. Or you can ring TEC at intervals of 10-14 days. In-time SDs are accepted automatically, but if you get out-of-time, the enforcing authority can object, and you don't want that to happen.

15
Hi All,

This ticket was gotten out of sheer forgetfulness. My sister hardly ever comes to mine during the day and I’m always telling people to park in front of the shop that gives 1 hour free.

She was at mine for about 20mins, completely forgot the timings and parked in residents only place and now has a ticket.

Can any of you clever lot, see any possible grounds of appeal please or should she just suck it up and pay up? :-\

I’ve uploaded the tickets and photos of the sign.


https://ibb.co/TM41F2Nj
https://ibb.co/RWCm3SD

https://ibb.co/b5dcmM4g
https://ibb.co/XffdRww9

https://www.instantstreetview.com/@51.601759,-0.355653,264.16h,-4.29p,1.69z,uAXvLkpxMGVsvK8CehjSSg

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