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Messages - Incandescent

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1
If (a big 'if'), they're doing their job correctly, they will have recorded the date and time the suspension sign was  erected, and also a list of all cars parked when the suspension commenced.  Your car was legally parked at the time the suspension started.
When did you depart from your address ? Did you check the car just before you left ?

2
There is a warning sign shortly before the turn, (see my post with the GSV links). I call these satnav-assisted PCNs !

3
Can you give us the TPT Case Number please. We can then download it and keep it.

4
Quote
it would appear that the person processing the photo just took a best guess…
An absolute disgrace and they should be hanging their heads is shame. Best guess, indeed ! Just serve a PCN and see what happens !! Clearly the Horizon affair is just the tip of the iceberg.

5
Fatal in London to rely solely on satnav, it is never up-to-date.  "but it is, I only uodated it yesterday" do I hear you say ? Yes, but is the date base that supplied the satnav up-to-date ?

6
Very well done !  They collapsed when you held their hand to the fire with unrefutable facts.

7
The problem with all cases outside London is that the Traffic Penalty Tribunal do not have an on-line searchable Statutory Register, unlike London Tribunals. This makes it very difficult seeing what previous appeals were submitted and how many won and why. Just saying it is a big earner for the council is not going to win any appeal you submit, you need to demonstrate that the way the Bus Lane has been implemented is flawed. For me, it must be if it's generating so much dosh for the council, but you need to demonstrate why it's bad.

8
Hi Incandescent,
No it’s not ALL we did we declared as sorn while we was awaiting for the new French registration to come through…. Write or wrong that’s not really the point… the vehicle was in France on the date of contravention.. that’s the point. However we have a made some progress in the last hour… will update later
Yes, I accept that, but if DVLA had your details still on their database as SORN in the UK, then when an on-line message came in from DART, they obviously have responded to it with the details, hence the pot mess you're now in, which you must exit from. Your case may have exposed a defect in the system, so keep us informed so others may benefit.

9
Using "Check VED" can you please look at the bottom of the response page and tell us the date the last time the V5C was updated. All you enter is your car reg. number (number plate).

10
Please read this and update your thread as necessary: -
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

Quote
Do you see a basis to go and argue my case against the council?

None whatsoever from what you have told us so far, I'm afraid and sorry if this isn't what you want to hear.  This zone will have an unrestricted entry point so traders and couriers can access the properties within it, and you should have used this albeit it would be a slightly longer drive. Whoever you were visiting should have advised you of this zone.
However, there may be a defence if we can see the video. This will be on their website and accessed using PCN Number and car registration, so please supply these or download the video and post it here.

Anyway, assuming you drove in via Blackhorse Lane, here is the warning sign for a left turn: -
https://maps.app.goo.gl/HDPTerVW3DUGXKLF7
and here is a warning sign for a right turn: -
https://maps.app.goo.gl/5k4XfkxigPBZ3wzw7
and here are the actual signs you drove past: -
https://maps.app.goo.gl/yFgaxzvHSeEsqPi66
no times, so the restriction applies 24x7.  The signs mean "No Entry for motor vehicles" except what is shown in the box.

Stroud Road has no signs, so would seem to be the way into and out of the zone
https://maps.app.goo.gl/NvFVFiLcffBT96Zg8

Woodside Road is No Entry as it is one-way only.

You haven't said, but were you using satnav ?

11
Airbed… sorry should have been “sorned” auto correct 🙄
So all that you did when you arrived in France was declare SORN. And that is confirmed by the DVLA data. 

This means that the car record is still live on their data base, and when DART requested name and address details from the DVLA they supplied the information.  Looking at the V5C for my car, there is Section 5 "Permanently exporting this vehicle for more than 12 months".  So did you fill this section in and send it off to the DVLA ?

13
Tribunal? That sounds like its expensive and scary
No,  not at all, absolutely not !  The penalty in play is the PCN penalty alone, and there are no additional costs.
If Hippocrates is confident in winning then go for it. He may offer to represent you.

14
+1
OK, I've also had a look at the video, and it shows you turning left and passing the restriction signs that are mounted at a "sky height" level.
Here is the view as you approach on Shacklewell Lane: -
https://maps.app.goo.gl/aAd7uNptEw3qKSSw8
As you can see the LH sign is hidden by the tree foliage. The other sign is visible. The only problem is that it is 20 mph here so in theory, plenty of time to see the sign and not drive into the street. Obviously you can submit reps based on your narrative here. You would need to emphasise the wasp distraction.

Would this be a winner at London Tribunals ? I don't think so, because the wasp distraction is mitigation and adjudicators are barred from considering it. Would Hackney cancel ? They may, so why not submit reps based on your narrative, and also the obscuration of the LH sign, and its very high position.

15
OP, you haven't posted their letter of refusal of informal reps, just an extract. Please post this if possible.  They will have re-offered the discount, so now you have to make a decision on whether to wait for the Notice to Owner, and submit a formal representation, or pay the discount. If you wait for the NtO, you lose the discount option, but most London councils re-offer it when rejecting formal reps. On the other hand, you could well succeed and they accept your reps and cancel the PCN.
We have yet to see your reps, but I suspect they will need to be beefed-up if you decide to wait for the NtO.

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