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Please help 4 tickets and more to come, No car entry during school run
a1cars
post Fri, 8 Feb 2019 - 11:50
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Hi,
I cannot describe how furious I am because the council decided to make this road for pedestrians only between our school run...it's a disaster as we go every day, twice and it's only now that we are getting the tickets, so far four and more on the way. We have been going through this road for the past six or seven years and one can certainly not notice signage, especially if there are not reminder at the beginning of the road.

Now my only hope is the signage that I hope it is not compliant, please assist as this will cost me few hundreds, if not a thousand or more.






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Signage:









Camera signage facing other way way




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a1cars
post Yesterday, 17:49
Post #21


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RE: PCN's ************

Dear Sir/ Madam,

We ( Myself and my wife driving two different vehicles ) have been driving our kids to school through Savernake Road NW3 twice a day ( on our way back from school ) since 2011 ( fortunately because of road works in fleet street NW3 we did not use it for few weeks ) and it never came to our attention that you put restrictions on that road between the hours of our school run, the signage, layout and warning was almost non existent on Constantine Road, but managed to placed one on the right side, hardly visible on Pond Street. Also the camera signage was deliberately facing the other way ( like parking sign ) and invisible to the driver.

We were not aware of the restrictions until we received the first bundle tickets of four, then the rest came along few days later, note that the alleged contravention occurred on the 21/01/19 and we were only notified two weeks later, if there were any deterrent approach to this surely you could have sent us warning letters sent to us to prevent us from accumulating more tickets.

I went back to the restricted road and I found out that the signage [ restriction ] erected could not be compliant, attached is the picture for better illustration. I believe this is due to the fact that such restrictions apply only to school terms time and you might have needed temporary signage easy to remove, but the fact that they were not attached together properly, with a symmetrical differences that make the signage poorly visible and legible at certain angle, one can easily not see the hours on the panel.


Further more, the contravention did not occur, it is only a restriction on vehicles entering a section of a road and the PCN states that I have entered a pedestrian Zone, you have erected the wrong sign and used the wrong contravention. The road is not for pedestrian only.

The order says nothing about the establishment of a Pedestrian Zone, therefore a contravention for being in one is therefore invalid. Further more in the order the following is stated

2. Any vehicles parked in the above section outside the above proposed restriction times that wish to exit the restricted section, can do so at any time.

The above is certainly not a pedestrian Zone only.

4.1 Whilst this order remains in force, the provisions of the Camden (Waiting and Loading Restrictions) (Civil Enforcement Area) Traffic Order 2012 [2012 No. 1] shall have effect as though there were included with the items relating to Rona Road and Savernake Road

The above is certainly not a pedestrian Zone only.

5. Residents who live and have registered parking permits on the section of Savernake Road between Mansfield Road and Rona Road, as well as registered blue badge holders (see note in section 3.7), will receive an exemption which will allow them to enter and exit at any time. Residents who live on the above section but do not have a parking permit (because they park on private land / driveways) will be issued free of charge an exemption to enter the road section at any time, in order to access their properties at any time.


The above is certainly not a pedestrian Zone only.

All the above do not create a pedestrian zone, it creates a prescribed route. Therefore the alleged contravention did not occur.



Finally...

Schedule 1 defines the marked zone as:
"pedestrian and cycle zone”
an area—
(a)which has been laid out to improve amenity for pedestrians and cyclists; and
(b)to which the entry of vehicles, except pedal cycles, is prohibited or restricted


The order is not a pedestrian measure, it is simply a restriction on vehicles entering a section of a road and that the Local Authority have erected the wrong signs and used the wrong contravention.



Considering all the above, I request that you cancel all PCN's
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post Yesterday, 17:49
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cp8759
post Today, 12:51
Post #22


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I've made a couple of tweaks.

QUOTE
RE: PCN's ************

Dear Sir/ Madam,

Background

We ( Myself and my wife driving two different vehicles ) have been driving our kids to school through Savernake Road NW3 twice a day ( on our way back from school ) since 2011 ( fortunately because of road works in fleet street NW3 we did not use it for few weeks ) and it never came to our attention that you put restrictions on that road between the hours of our school run, the signage, layout and warning was almost non existent on Constantine Road, but managed to placed one on the right side, hardly visible on Pond Street. Also the camera signage was deliberately facing the other way ( like parking sign ) and invisible to the driver.

We were not aware of the restrictions until we received the first bundle tickets of four, then the rest came along few days later, note that the alleged contravention occurred on the 21/01/19 and we were only notified two weeks later, if there were any deterrent approach to this surely you could have sent us warning letters sent to us to prevent us from accumulating more tickets.

The alleged contravention did not occur:

The Penalty Charge Notices were issued for "53 - Failing to comply with a restriction on vehicles entering a pedestrian zone - camera enforcement", however there is no pedestrian zone on Savernake Road. The only moving traffic restrictions on this road are created by The Camden (Waiting and Loading Restrictions and Prescribed Routes) Experimental Traffic Order (No. 4) 2018 which provides as follows:

Restrictions – prescribed route
No person shall cause any vehicle other than a pedal cycle to enter that part of
Savernake Road which lies between its junctions with Mansfield Road and Rona
Road between 8.30 and 9.30am or between 3 and 4pm on Mondays to Fridays
inclusive during Gospel Oak School term times.


Therefore the only contravention that may be enforced in these circumstances is "33 - Using a route restricted to certain vehicles", a pedestrian zone cannot be enforced if none of the articles of the Traffic Management Order create a pedestrian zone.

There is a clear analogy to be drawn with the case of Samson Dufegha v City of London (case reference 2180439224):

"Mr Dufegha has attended in person.

This PCN was issued for the alleged contravention of failing to comply with a prohibition on motor vehicles in Mansion House Street at 4.28pm on 23 October 2018.

I have reviewed the CCTV footage and still images submitted by the City of London. These show that Mr Dufegha’s car was driven along a route restricted to buses and cycles between the hours of 7am and 7pm Mondays to Fridays. This PCN was not, however, issued for the alleged contravention of using a route restricted to buses and cycles. A prohibition on motor vehicles must be signed with a No Entry to motor vehicles sign. The bus and cycle route signs in the City of London's library images are not No Entry to motor vehicle signs. I do not accept the City of London's submission that a code 52 PCN can be used for what is clearly a code 33 contravention. The contravention on the PCN must correspond with the signage for the restriction.

The use of a restricted route sign adjacent to a marked bus lane also suggests to the motorist that the restricted route is limited to the bus lane.

I find for these reasons that the alleged contravention did not occur.
"

In order for a contravention to be made out, the signage must match the Traffic Management Order and the contravention must be the correct one. In this instance, although the council has used diagram 618.3C (Entry to, and waiting in, a pedestrian and cycle zone restricted), on its face the Traffic Management Order creates a prescribed route and not a pedestrian zone. The council should have therefore used signage based on diagram diagram 956, found at item 29 of schedule 3 to the Traffic Signs Regulations and General Directions 2016, and which indicates a "Route for use by pedal cycles and pedestrians only". Once the correct signage is erected, the council would be able to enforce contravention code 33. Alternatively, the council may want to revise the Traffic Management Order and create a pedestrian zone.

However as the council has used diagram 618.3C where there is no pedestrian zone, it is impossible to contravene the restriction created by Article 3 of the TMO. It follows that the alleged contravention did not occur.

Furthermore, the signage is not symmetrical and this makes the signage poorly visible and legible at certain angle, one can easily not see the hours on the panel

In light of the above, I trust you will now arrange for the cancellation of all PCNs issued at this location (not just my own), and I further trust that you will rectify the discrepancy between the Traffic Management Order and the signage.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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