PCN in Highbury (2 different PCN within 2 minutes of each other) |
PCN in Highbury (2 different PCN within 2 minutes of each other) |
Thu, 29 Sep 2022 - 10:59
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#1
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Member Group: Members Posts: 10 Joined: 12 Sep 2022 Member No.: 117,750 |
Hello PePiPoo,
My partner was driving the car in Highbury and following her SatNav drove down a road in which there was exemption without realising it. The SatNav guided her that way, and she followed. We then received two separate PCN charges, within 2 minutes of each other - I presume she went into and then out of a road in which there was exemption without realising it. We appealed on the basis that it was a mistake and that two charges in 2 minutes feels unfair, and then received the below message from the council. We can either pay 2x £65 or take it to further appeal. My instinct is that this feels like an unfair punishment but would be grateful for any advice or opinions you might be able to offer? Many thanks, ---------------------- Message from Council: Dear X LK13YPP Penalty Charge Notice No. IZ23200232 Date of Issue 24/08/2022 at 18:29 Location of Contravention Highbury Place [N] [By Camera IS0077] [Zone Em] Penalty Charge Notice No. IZ23196328 Date of Issue 24/08/2022 at 18:30 Location of Contravention Highbury Place [S] [By Camera IS0076] [Zone Em] Thank you for your email of 14 September 2022 regarding the above Penalty Charge Notices (PCNs). As you were not the person upon whom the PCNs were served, the law does not allow us to treat your challenge as formal representations and thus you do not have the right to appeal to the independent adjudicators. The person to whom we sent the PCNs is the only person responsible for the penalty charges and it is really for that person to make formal representations, should they wish to. However, I have reviewed these cases and note that the PCNs were issued for failing to comply with a prohibition on certain types of vehicle. (Link to images: https://drive.google.com/file/d/1X6JEx2LWvd...ew?usp=sharing) Drivers should not rely solely on a satnav for direction, but use the signs provided too. The signs indicate "no motor vehicles except XM7 permit holders". I acknowledge that two penalty charges have been incurred within 2 minutes. However, each is for a separate contravention at two different parts of Highbury Place. The council does not agree to cancel either penalty charge Your choices now are to either to pay the penalty charges or allow the matter to progress against the person to whom we sent the PCNs. If no action is taken we may issue Charge Certificates to that person advising that the right to appeal has expired and that the charges have increased to £195 each. If you wish to settle the matters, we can accept the discounted amount of £65 provided we receive that before 31 October 2022 for IZ23200232 and 30 November 2022 for IZ23196328. Please bear in mind that on those dates the charges will revert to £130 each before increasing to £195 if the Charge Certificates are sent out. You can make a credit or debit card payment on our automated payment line on 020 7527 8000 at any time. You can also pay on line at www.islington.gov.uk. If you prefer to pay by cheque, please make it payable to LB Islington and send it to the address below. Please write the PCN numbers on the back of the cheque. You may also send postal orders (quoting the PCN numbers). Yours sincerely Steven Bolton Correspondence and Appeals Officer Traffic and Parking Services Islington Council |
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Thu, 29 Sep 2022 - 10:59
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Thu, 29 Sep 2022 - 11:22
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#2
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Member Group: Members Posts: 20,915 Joined: 22 Apr 2012 Member No.: 54,455 |
Please post-up the PCNs, blanking out name and address. We could really do with a bit more than "I presume she went into and then out of a road in which there was exemption without realising it." I suspect she passed two "No Motor Vehicles" signs, (the flying motorbike),
Here is Highbury Place on GSV, so where did she drive ? https://www.google.co.uk/maps/place/Corsica...0.1003476?hl=en I found these signs on Highbury Place: - https://www.google.co.uk/maps/@51.5478936,-...33;8i8192?hl=en plus if you do a U-turn, these: - https://www.google.co.uk/maps/@51.5478042,-...33;8i8192?hl=en and if one carries on up the street: - https://www.google.co.uk/maps/@51.5466691,-...33;8i8192?hl=en One does have to wonder how tradesmen and delivery men get in to deliver ! This post has been edited by Incandescent: Thu, 29 Sep 2022 - 11:34 |
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Thu, 29 Sep 2022 - 11:52
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#3
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
They could have used discretion on the second but haven't. The best tactic was probably to have paid the first and asked for discretion on the second.
I don't think you can do anything as the tribunal cannot use discretion. But post the PCNs and we can check them. |
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Fri, 30 Sep 2022 - 10:24
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#4
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Member Group: Members Posts: 10 Joined: 12 Sep 2022 Member No.: 117,750 |
Thank you both.
Here are the original PCN's : https://drive.google.com/drive/folders/1G-H...BdK?usp=sharing It gives the street names. She was following her SatNav and missed the signs - I think you are most likely correct as the penalty is for the wrong kind of vehicle. Thank you for your help. |
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Fri, 30 Sep 2022 - 10:40
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#5
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Member Group: Members Posts: 20,915 Joined: 22 Apr 2012 Member No.: 54,455 |
The photos show the two sets of signs I identified earlier. It is really fatal to rely totally on satnavs in London, or any large UK city for that matter, because they are inevitably out-of-date.
As your reps to both have been rejected, you have to decide whether to now cough-up, or take them to London Tribunals. I have to say I agree with SFM that a win at LT is unlikely, so best to pay the discount if it is on offer. |
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Fri, 30 Sep 2022 - 10:56
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#6
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
All I can suggest is you pay the first and ask again for discretion on the second - we have seen Islington do this at this location where there are two restrictions very close together and within a minute.
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Fri, 30 Sep 2022 - 12:02
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#7
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Member Group: Members Posts: 10 Joined: 12 Sep 2022 Member No.: 117,750 |
Thank you for your help, will do as you suggest!
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