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Messages - Incandescent

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7471
The entry signs are very prominent from the front, but not if one approaches via a left turn. The yellow advance sign is not, as far as I am aware, a lawful traffic sign, but see what the others say.

7472
Access to Rycroft Way is via Chesnut Road (no middle 't' !) : -
https://www.google.com/maps/@51.5910871,-0.069554,3a,16.8y,81.95h,95.42t/data=!3m6!1e1!3m4!1sBHjrvhN8Fti33iSrI3EmvA!2e0!7i16384!8i8192?authuser=0&entry=ttu
Note the large sign with the parking restrictions and also, at the bottom, when the next event is. There is no other motor vehicle access to Rycroft Way, it is all one-way streets.

So unless that sign did not have the date of the next event, your friend looks bang-to-rights.

7473
@Incandescent no, this is a London bus lane PCN so in the first instance we need to wait for the enforcement notice and then make formal representations against that.

The council has confirmed that:

All our ANPR cameras are LaneWatch MARK 3.

Of course whether they could prove that in a hearing is another matter.
Silly me, of course it is !  This just shows you what a Dog's Breakfast the whole of traffic law is in this country.

7474
The Flame Pit / Re: BLUE BADGE MISUSE (cancelled blue badge displayed)
« on: October 10, 2023, 11:46:31 pm »
Well, if you've now paid, there is nothing more we can advise you on. Paying closes off the adjudication appeal option.

7475
I think we'd need to see what is on the suspension sign.  It may allow parking for permit holders, the permits issued specially for the conference.

7476
The usual grudging acceptance of representations, but hey, well done !

7477
So, by re-offering the discount, Merton have given you an unenviable choice; pay-up now and be done, or go to London Tribunals and risk another £65.  The wide white line may be faded, but there are plenty of signs at intervals along the bus lane. It is certainly not a slam-dunk win situation.

Of course if the CCTV camera is not an approved device, it becomes slam-dunk !

7478
I have to say, having now seen the advance warning sign, that you're likely to struggle overturning this PCN.

7479
Thanks for posting Ing22, I agree Leeds has become a complete nightmare to navigate around and I read an article stating how many millions the council has made in fines so far this year and its disgusting.
On the vast majority of routes there is signage overload and its impossible for any driver to take in all the signs, the council is well aware of this and see motorist as a cash cow.

Unfortunately it appears she has been caught more than once as another letter arrived in the post today, this time for Bridge End JNC Dock ST.

PCN2 Page 1
PCN2 Page 2
PCN2 Page 3

I fear there may be more to come
A PCN for a different location needs you to start a new thread if you want advice. A look at GSV shows it is out-of-date, (2021), with a load of roadworks in progress.

7480
Did you look at the sign by the bay which defines the restrictions for the bay ?

None of your reps refutes the requirement for vehicles using the bay for loading to be goods vehicles.  Looking at your photos, your vehicle is a passenger car so you will struggle to overturn the PCN.

Sometimes the PCN can contain a fatal error of content, so if you post the back of it, we can have a loot=k.  The front looks OK, however.

7481
I didn't make the point before, so I will now.
My last post outlined what I think is a procedural impropriety in the PCN content. It is important to bear in mind that councils never accept this, as it obviously reflects on their own management, so will reject the argument, thus forcing you to stand your ground and take them to adjudication.
The inadequate signage argument suggested by CP8759 directly challenges their signing practices. Of ocourse they will reply with what I call a Fob-Off letter. However, we're not at that stage yet !

7482
The PCN is misleading in the section "How to challenge".

It states in the 3rd paragraph: -
Quote
"If challenges against the PCN are received at the specified address before the NTO is served they will be considered; however, once an NTO is served, any further representations must be made in the form and manner and at the time specified in the NTO"

The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 state, (in Chapter 1)
Quote
Information to be included in regulation 9 penalty charge notices and enforcement notices
Information about right to make representations or appeal to be included in regulation 9 penalty charge notices and enforcement notices
3.—(1) A regulation 9 penalty charge notice must include the following information—

(a)that a person on whom a notice to owner is served may, in accordance with these Regulations, make representations to the enforcement authority against the penalty charge and, if those representations are rejected, appeal to an adjudicator;
(b)that if, before a notice to owner is served, representations against the penalty charge are received at such address as may be specified in the notice for the purpose those representations will be considered by the enforcement authority;
(c)that if a notice to owner is served despite the representations mentioned in sub-paragraph (b), representations against the penalty charge must be made to the enforcement authority in the form and manner and at the time specified in the notice to owner.
I have marked in bold the relevant item of mandatory information. You can see that Gloucester, for reasons only known to themselves, have cast aside this sentence and put in their own which has a different meaning. They refer to "further representations" thus implying that if you have already submitted a representation, (your informal challenge) and are happy with it and have no more things to add, that there is no need to submit any representations against the Notice to Owner.  This is highly misleading, because it is essential that a Notice to Owner is either paid or representations made; doing nothing is not an option.

For me, this is a procedural impropriety in that the information mandated to be included has not been included in the PCN.

7483
OK, so this looks like a bay on a red route, so cannot be enforced by CCTV. However, as you haven't posted-up the PCN we cannot tell if the PCN was issued by a CEO or using CCTV.  If it was CCTV then the PCN was served unlawfully, following a case at London Tribunals.  However, Transport for London have taken the matter to judicial review, so it is not a final decision.

7484
From what you've said, this was a papers-based adjudication, not a hearing with the adjudicator, (most are done over the phone nowadays).  Is this the case ?  Papers-based adjudications are absolutely NOT recommended by this forum.

7485
OK, so you have the old permit ending 8th October.  So I suggest you submit reps explaining what you have done regularly for over 11 years as a resident without ever receiving a PCN, and enclose copies of both permits and ask that the PCN be cancelled. I would also ask then what one should do where the period of parking starts towards the end of a permit and runs into the next one, so that you can avoid getting any future PCNs.


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