91
Civil penalty charge notices (Councils, TFL and so on) / Re: Southwark - Failing to comply with a prohibition RYE LANE JUNCTION COPELAND ROAD
« Last post by ukdannyb on Today at 10:11:33 am »Southwark have rejected my representations and are in danger of being removed from my xmas card list.
Their reasons are below. What do you reckon? Accept defeat or keep going?
We sent you a PCN because our CCTV camera evidence shows your vehicle going where motor vehicles are not allowed.
The sign, on each side of the carriageway, is that prescribed by Diagram 619 at Item 12 in Part 2 of Schedule 3 to the
Traffic Signs Regulations and General Directions 2016, as indicating ‘Motor vehicles prohibited’. The sign is round, white and
has a red border. Below are the words '' except for loading 7am -10am, buses and taxis. The restriction is in place at all
times.
In addition, to the restriction signs, which are displayed on both sides of the carriageway, there are advanced warning signs
in place advising motorists approaching the junction giving the driver sufficient time and room to change direction. The onus
remains firmly on the motorist to observe the relevant signage and to seek alternative driving route to ensure compliance
with the restrictions in place.
With regards to your comments that the PCN is invalid due to the wording and website conveying the wrong information.
Southwark Council is satisfied that the wording on the PCN is compliant and correctly conveys the 28 day period required by
law.
The wording on the PCN is correct in reference to the provisions of Section 4 (
(a) of the London Local Authorities and
Transport for London Act 2003. This paragraph is concerned with the wording which must be included on a PCN; the
relevant period is inferred in article (
(a)( i) that the penalty charge must be paid before the end of the period of 28 days
beginning with the date of the notice.
Paragraph 5(2)(a) under Schedule 1 is not concerned with the wording on the PCN, it is concerned with the actions of the
Enforcement Authority when enforcing the PCN. This section refers to the relevant period for issuing of the Charge
Certificate. The act of issuing a charge certificate is distinctly different to the wording which must be included on the PCN.
Their reasons are below. What do you reckon? Accept defeat or keep going?
We sent you a PCN because our CCTV camera evidence shows your vehicle going where motor vehicles are not allowed.
The sign, on each side of the carriageway, is that prescribed by Diagram 619 at Item 12 in Part 2 of Schedule 3 to the
Traffic Signs Regulations and General Directions 2016, as indicating ‘Motor vehicles prohibited’. The sign is round, white and
has a red border. Below are the words '' except for loading 7am -10am, buses and taxis. The restriction is in place at all
times.
In addition, to the restriction signs, which are displayed on both sides of the carriageway, there are advanced warning signs
in place advising motorists approaching the junction giving the driver sufficient time and room to change direction. The onus
remains firmly on the motorist to observe the relevant signage and to seek alternative driving route to ensure compliance
with the restrictions in place.
With regards to your comments that the PCN is invalid due to the wording and website conveying the wrong information.
Southwark Council is satisfied that the wording on the PCN is compliant and correctly conveys the 28 day period required by
law.
The wording on the PCN is correct in reference to the provisions of Section 4 (
(a) of the London Local Authorities andTransport for London Act 2003. This paragraph is concerned with the wording which must be included on a PCN; the
relevant period is inferred in article (
(a)( i) that the penalty charge must be paid before the end of the period of 28 daysbeginning with the date of the notice.
Paragraph 5(2)(a) under Schedule 1 is not concerned with the wording on the PCN, it is concerned with the actions of the
Enforcement Authority when enforcing the PCN. This section refers to the relevant period for issuing of the Charge
Certificate. The act of issuing a charge certificate is distinctly different to the wording which must be included on the PCN.
Recent Posts