Salter's Hill PCN (Failing to give way...) |
Salter's Hill PCN (Failing to give way...) |
Mon, 16 Sep 2019 - 12:31
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#1
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Member Group: Members Posts: 18 Joined: 16 Sep 2019 Member No.: 105,760 |
Hi there,
I received a letter (attached) from Lambeth Parking the other day for a PCN - 37j Failing to give way to oncoming vehicles. I have to say, I was very shocked to receive this for several reasons... I have driven down this route for many years now and being aware of the give way, I never knew it was a (chargeable) offence for failing to comply nor did I know there was a camera even in place. Having looked at the road view on Google Maps, I can see a small sign showing a camera enforcement, also that the 'Give Way' sign only comes into view literally at the point of giving way. I would be grateful for any advice on whether I have grounds for an appeal. The photo on the letter is a bit pixelated and makes it look far worse than I thought (before viewing the video). From my perspective, I moved off before the oncoming vehicle was even on the road (at which point does give way come into play?) and there was more than enough space to not disrupt the cyclist (I'm not too sure what the priority is when applied to them). Any help would be most appreciated, thanks. https://drive.google.com/file/d/101Je20p0Y-...ew?usp=drivesdk (video) This post has been edited by goose312: Mon, 16 Sep 2019 - 12:33
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Mon, 16 Sep 2019 - 12:31
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Mon, 28 Oct 2019 - 14:36
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#41
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Having had time to read your new draft fully, why have you omitted all references to requirement 7© conveyed to traffic by the give way lines located in advance of where the carriageway narrows (that no vehicle may proceed past those lines in a manner or at a time likely to etc)? I couldn't find that exact reference within the regulations but then maybe I didn't look hard enough. Where exactly would I find it? CP, in every London Tribunals case re Salters/'s Hill where the adjudicator has referred to the underlying law (quite often—I have read them all!) he or she has referred to this: http://www.legislation.gov.uk/uksi/2016/36...aragraph/7/made Thanks, I've added this to the draft. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Mon, 28 Oct 2019 - 23:07
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#42
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Member Group: Members Posts: 18 Joined: 16 Sep 2019 Member No.: 105,760 |
Sorry for getting back to you so late. Have read through all the responses and drafts and all I can say is... Wow. Thank you all so much for your time and effort. Regardless of the result of the appeal, I really cannot express my gratitude enough as to how helpful you have all been. It really means a lot and I am forever thankful.
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Tue, 29 Oct 2019 - 10:38
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#43
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Well one thing at a time, once you register the appeal, the council has 7 days to upload copies of
1) The PCN 2) Your representations 3) The Notice of Rejection If the council doesn't do this, let us know. If the council uploads any additional evidence, let us know and show us. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Fri, 5 Feb 2021 - 12:41
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#44
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Member Group: Members Posts: 18 Joined: 16 Sep 2019 Member No.: 105,760 |
This is long overdue and apologies for not doing this sooner, but I just wanted to say a big thanks to everyone who helped me with my appeal, which ended up being successful. Hopefully it will provide useful for anyone else who experiences or appeals the same contravention. I am very careful driving through this route now and warn others I know who take it but still get annoyed when I see the van set up with a camera and person taking recordings to catch people out, as I pass though.
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Fri, 5 Feb 2021 - 13:03
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#45
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
Well done.
Got the appeal number by any chance, we like to see what adjudicators say? |
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Sat, 6 Feb 2021 - 10:58
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#46
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Looks like 219046467A which was a DNC.
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Mon, 8 Feb 2021 - 14:38
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#47
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Member Group: Members Posts: 18 Joined: 16 Sep 2019 Member No.: 105,760 |
Well done. Got the appeal number by any chance, we like to see what adjudicators say? I don't have an appeal number but I have attached the response I received from Lambeth Parking Services
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Wed, 10 Feb 2021 - 20:18
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#48
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
I'd be minded to write back and say you're not satisfied at all, and the level of service provided is nothing short of awful. They can't seriously think anyone would be "satisfied" with having to go through all this nonsense.
Have you considered applying to the tribunal for a costs order against the council? -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Thu, 11 Feb 2021 - 10:55
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#49
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
I'd be minded to write back and say you're not satisfied at all, and the level of service provided is nothing short of awful. They can't seriously think anyone would be "satisfied" with having to go through all this nonsense. Have you considered applying to the tribunal for a costs order against the council? Fully agree with the complaint route. Less so with asking for a costs order. In an ideal world, the adjudication service should take a dim view of this sort of unjustified PCN and blind enforcement, consideration seemingly being simply "we got you on camera so pay up" And I am firmly convinced that any council that DNCs should be taken to task, a large portion seem to be based on someone at long last actually looking at the PCN and cirumstances and saying "whooops, cancel it". But we don't live in an ideal world, the adjudicator is likely to say that the high bar hasn't been met so will refuse and that will also close any sort of compensation from the council. |
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