Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - Donostio

Pages: 1 [2]
16
I'm not sure why you think I have intimated that I believe the court would for some reason only considered one offence.

What I have asked is would a court consider them together in the same hearing and would I have any mitigation by having a 30-year clear record and then being liable having relied (wrongly) on Google maps and being subject to (particularly for this second ticket) changing speed limit from 70 to 50 and then a hurried implementation of a 40
- which may meet the legal requirements (?) but clearly has caught out hundreds of people who are actively trying to follow the speed limit. Sorry if that was not clear in my first post.

17
NIP Details and Circumstances

What is the name of the Constabulary? - Metropolitan Police

Date of the offence: - 27/03/2024

Date of the NIP: - 03/04/2024

Date you received the NIP: - 04/04/2024

Location of offence (exact location as it appears on the NIP: important): - A20 Eastbound, West of Sandy Lane to East of Cookham Road (48114821)

Was the NIP addressed to you? - Yes

Was the NIP sent by first class post, second class or recorded delivery? - 1st

If your are not the Registered Keeper, what is your relationship to the vehicle? - My vehicle

How many current points do you have? - 0 (but I have a NIP for 25mph in a 20mph zone due to be replied to, AND a I had a previous 25mph-in-a-20mph-zone for which I did the awareness course last year)



I'm reeling. I'm 49 years old - been driving for thirty years without any speeding offences and now I've got 3 within 12 months!  With the two live NIPs, will they be combined at court? Is it worth me pleading for lenience as a person who has a 30 year clear record and has switch to primarily checking the streets and not sat nav (which I was doing in error for all three tickets) and switched from Google maps to Wazes as a result of these?


 
I gather that "A20 Eastbound, West of Sandy Lane to East of Cookham Road" is infamous. It has gone from 70mph, to 50, to 40! There has been lots of noise about the new signage not being clear enough or people not being adequately alerted to the most recent change (the rouge/'unauthorised'50mph was removed before my ticket though). I don't know if these have any basis in law...
 


Again, I've have been relying to much on sav navs' which are not up to date. 



https://www.kentonline.co.uk/dartford/news/police-to-push-on-with-a20-speeding-fines-despite-fake-sig-301685/

https://www.newsshopper.co.uk/news/24078266.a20-eastbound-sidcup-leads-dozens-speeding-fines/

https://www.bbc.co.uk/news/articles/c84nqxvvq37o



[ Guests cannot view attachments ]

18
Thanks. I've used Waze off and on - it's better for forecasting journey length by time of day. It may be time to make the permanent leap. Indeed, with variable speed limits and changes one can't rely on any of the sat' nav's

19
I got a ticket in July 2023 for doing 25mph in the 20 zone about half a mile from my home on the A23 (I've lived here six years and the 20mhp zone (it was introduction in the last couple of years). I did the driver awareness course. 



I just got another (a mile further down the road for travelling at 25mph). I realised that (and I don't think this is any defence) Google maps, which I used to drive everywhere, directed that it was 30mph. It is odd that it's a 20mph because it's a wide busy two lane road with no schools etc. 



I need to reply to the NIP soon. Can I avoid points?



Thank you for any advice

[ Guests cannot view attachments ]

20
Submitted. I had to edit the text down to fit the 1,000 character limit. I managed to do so while keeping the key words and references.



Case number: MT87744271
Vehicle registration: EN14NXK
Contravention: 31J - Box Junction

Date and time of contravention: 14/03/2024 16:34

This is an email from London Borough of Merton to acknowledge we are in receipt of your online submission regarding your Penalty Charge Notice (PCN).

Whilst the challenge is being reviewed, we will put your case on hold. We will carefully consider your comments and make a decision based on the evidence that is available to us and we will formally respond in due course. Although we aim to respond in full within 15 working days, please note that we are currently working through a high volume of correspondence, possibly resulting in a longer response time.

If your challenge is accepted, you will not have to pay the charge and we will send you confirmation that the penalty charge is cancelled.

If your challenge is rejected, we will explain the reasons for our decision.

If your submission is received within the discounted period that is stated on the PCN then the opportunity to pay the PCN at the reduced rate will be re-offered in the event that the charge is upheld.

Informal challenge (Parking and Bus Lane PCNs only):
Appeals that are made within 28 days of the PCN being issued are classed as informal challenges and we will respond as soon as possible.

Formal representation: Appeals that are made within 28 days of receiving a PCN (Moving Traffic/Approved device), Notice to Owner (Parking) or Enforcement Notice (Bus Lane) are classed as formal representations. Please note that each type of contravention requires a response within timescales set out in the legislation relevant to that type of offence and we will therefore respond within this legislative time frame (up to 56 days for Parking offences, up to 3 months for Moving Traffic Offence and while there is no legal time scale in which we must response to formal representations relating to Bus Lane offences, we endeavour to reply within 3 months).

Do not pay the PCN, if you want to make a challenge. If you do, the case will be considered closed as you have accepted liability.

Reason for appeal: 'The penalty charge exceeded the amount applicable in the circumstances of the case '

Your answers:

-Question 1 : 'Please explain in as much detail as possible why you think your PCN should be cancelled'
        Answer : 'Alleged contravention did not occur- the box junction is not at the intersection of two or more roads or outside a police, fire or ambulance station. It is at the entrance to an apartment complex private driveway, the Traffic Signs Regulations and General Directions 2016 do not permit box junction markings at such a location.
It follows that no contravention can occur at this location, enforcement must cease and CCTV enforcement cameras at this location be removed. There is no traffic enforcement justification for the camera here, failure to remove or disable the camera would mean unlawful and unjustified capture of personal data, in contravention of the General Data Protection Regulation.
I further challenge liability for PCN MT87744271 on the basis that information referenced in the PCN’s 2nd paragraph on page two does not convey the contents of paragraph 1(4) of Schedule 1 to the London Local Authorities and Transport for London Act 2003, so it follows that the PCN must be cancelled'
-Question 2 : 'Would you like to upload any other documents to support your case?'
        Answer : 'No'

[ Guests cannot view attachments ]

21
Super, thanks. I will update in due course.

22
In case it makes a difference the block is mostly residential and includes some retail units.

23
Thank you Mr Chips

That is curious. Indeed, I turned left at the junction the issuer describes. The junction in the photo I am going straight across. Should I mention this also in my appeal or use it later?

[ Guests cannot view attachments ]

24
.

[ Guests cannot view attachments ]

25
Thank you.


Plate: EN14NXK
PNC: MT87744271

I think I've uploaded both sides of the PCN letter.
Thanks again

[ Guests cannot view attachments ]

26
Hello

PCN just arrived in the post from the London Borough of Merton £130 or £65 reduced charge.


Going against me:
I have entered before the exit was clear.
The back of my car / back wheels were in the box for at least 30 seconds

For me:
I wasn't causing an obstruction . was almost clear of the box.
Due me being pretty much out of the box (I thought I was out of it enough) I didn't think it necessary to move to the lane on the right which DID have room for me (lesson learnt - next time I will move to the right if there is space!).

Is it worth appealing? Is there any precedent?

Thank you for any advice.

Video (me with the roof rack):
https://youtu.be/RpnLiq-Lu6g

Image (me with the roof rack):







Pages: 1 [2]