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Phoenix Way, Hounslow, Rejection of representation
Ms Tumnus
post Wed, 10 Apr 2019 - 13:00
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Hi

I recently appealed a PCN for Phoenix Way into Heston Services using another thread on here as a template.

Today I have received of Rejection of Representation as shown below:-







Any advice as what to do next?

Thanks
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post Wed, 10 Apr 2019 - 13:00
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cp8759
post Sun, 14 Apr 2019 - 22:46
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Honestly, pay the discount.


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Ms Tumnus
post Tue, 16 Apr 2019 - 16:02
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Thank you for your advice.

Is it too late to get them combined into one penalty? Should I have done that at the same time as my original representation?
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cp8759
post Tue, 16 Apr 2019 - 16:23
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QUOTE (Ms Tumnus @ Tue, 16 Apr 2019 - 17:02) *
Thank you for your advice.

Is it too late to get them combined into one penalty? Should I have done that at the same time as my original representation?

Have a read of Nisha Patel v London Borough of Hounslow (case reference 2190096099), fresh off the press: http://bit.ly/2Ds5cYf


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SuperBobby
post Wed, 24 Apr 2019 - 14:05
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Hello,
What did you decide to this with this one? I had the exact same letter from the council rejecting my appeal.
See below:
---------------------------------------------------------------------------------------------------
Thank you for writing to us

The PCN was issued as your vehicle was observed failing to comply with a prohibition on certain types of vehicles(motor vehicles)

There are two clear signs positioned on either side where the road narrows, at the junction with Norwood Road, which are in line of sight for approaching motorists informing on the restriction. It is the responsibility of the driver to be familiar and observant of signsrelating to the movement of their vehicle

There is an exemption for permit holders, however, your registration is not on the authorised vehicle list and access is prohibited

The restriction is on Phoenix Way, at its junction with Norwood road. Phoenix Way is part of the London Borough of Hounslow's publicly adopted highway and therefore it falls within the classification of a road under the London Local Authorities and Transport for London Act 2003, due to public having access, and is enforceable.

The positioning of the restrictions signs on private land doesent make the restriction unenforceable. Chapter 1 of the traffic signs manual 1982 states in part 3 paragraph 1.19 " Authorities will normally erect their traffic signs within the highway boundary. If this is not possible, then can erect signs on or over land adjacent the highway with the owners permission

I find that the contravention code used is appropriate to the restriction - The use of an additional suffix would not result in the PCN having an entirely seperate meaning, rather only provide further details on the types of prohibited vehicles. However, the revers of the two sided sign indicating the restriction on motor vehicles at the location is provided with the PCN. When the PCN is taken as a whole, it conveys the details of the contravention

With regards to the wording provided in the TMO, the point of contravention occurs at the junction where Phoenix Way and Norwood Road Meet and the order has been worded to reflect such. The signs have been placed as near to the point of restriction as reasonably possible .

After carefully considering your representations and any mitigating circumstances I am satisfied that the PCN was correctly issued and that there is no reason for it to be cancelled.

---------------------------------------------------------------------------------------------------


Did you go to the tribunal?
Any suggestions? cp8759 - should I use the Nisha Patel v London Borough of Hounslow (case reference 2190096099) or just pay up as you suggest here?

Regards

This post has been edited by SuperBobby: Wed, 24 Apr 2019 - 14:13
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cp8759
post Wed, 24 Apr 2019 - 14:07
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QUOTE (SuperBobby @ Wed, 24 Apr 2019 - 15:05) *
Hello,
What did you decide to this with this one? I had the exact same letter from the council rejecting my appeal.
Did you go to the tribunal?
Any suggestions? cp8759 - should I use the Nisha Patel v London Borough of Hounslow (case reference 2190096099) or just pay up as you suggest here?

Regards

Start your own thread please.


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