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PCN Alexander Road, Inslington (Pedestrian Zone)
estevenin
post Thu, 23 May 2019 - 12:25
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Hi,

I received a PCN for entering in a pedestrian area in Alexander Road. After some research, it appears that this scheme has started just recently (in the past months), by prohibiting vehecule to enter this street and some others during school time.

I could't see any sign or details of the signs on internet or google map, so I wasn't able to check for any problems with the signs beeing not compliants. The footage does not show the sign either, just the car driving in the street.

Do you see any possible ground of appeal based on the elements provided by the PCN ?

PCN :

Pictures and video : https://islington.tarantoportal.com/PCN, (Plate number LL66OMC, PCN : IZ11978584 )

(The PCN is not at my name yet, if you see any legitimate ground of appeal I could use I will ask for the transfer, if it looks solid then I will just ask them to pay for it)

Thank you in advance for your help.
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post Thu, 23 May 2019 - 12:25
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PASTMYBEST
post Mon, 5 Aug 2019 - 20:02
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Please get and post the photos and video there may be a case to be made re oversigning. I would not risk the PCN wording on its own but if you do you need to refer to ambiguity


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estevenin
post Mon, 12 Aug 2019 - 16:38
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Representations (I realize that the grounds should have been "exceed the amount", will know for next steps), along with a screenshot of google maps before the scheme, with no sign :

Dear Sir, Madam,

I am making representation against the PCN IZ11978584 as the driver of the car involved: LL66OMC on the following grounds:

1. Compelling reasons:

The PCN mis-states the period to pay or challenge the PCN, as it incorrectly states that the charge can increase by 50% after the end of 28 days from the date of the notice. It should be instead : “28 days from the date of service of the notice”.

As the notice was issued on a Wednesday, the relevant period is cutted short by a total of 2 days (because service is 2 working days after issue), the PCN is therefore invalid.

2. Compelling reasons:

Evidence from Google Maps (Attached) show no sign at all, dating from April 2018. Which means that the restriction was brand new when the PCN was issued.

The council did not place any advanced sign before, about the change of road layout. Especially because the restriction is in a quiet residential street, any person used to drive these roads would not expect a new restriction in force, advanced signs might help to be aware.

There are already cars parked in that street, as shown by the evidence provided, which make it uneasy to be aware of such a restriction being in force. Plus, it also shows that this is not a pedestrian zone, as mentioned on the PCN.

3. The contravention did not occur:

The reason mentioned on the PCN “53J Failing to comply with a restriction on vehicles entering a pedestrian zone”, do not match the evidences provided,
A pedestrian zone, is an area which has been laid out to improve amenity for pedestrians and cyclists and to which the entry of vehicles, except pedal cycles, is prohibited or restricted
Alexander Road is not a Pedestrian zone nor it is defined as one during the restricted hours : Cars are parked on the side of the road, residents are allowed to drive on it and, it is allowed to drive out of it, if a car is already present before the restriction starts.

It is absolutely clear that this is not a pedestrian measure, it is simply a restriction on vehicles entering a section of a road.
On the same matter, it has been impossible to find the ETO about this restriction. Only generic information on the council’s website. I have contacted the council both by phone and mail on the 28th of June 2019 (Query attached).
Since then, I still haven’t received the ETO, which I needed to prepare my representations before the deadline, which is today.
So I’ve been unable to get hold of the Traffic Order, despite the fact that it's meant to be a public document available for public inspection.

In the end not all the legal information about the scheme is available publicly, which can prevent motorists, business and entities (Such as GPS companies) to be aware of the scheme and all the rules, on time. When a new scheme is set, it is the council’s duty to make sure that all the legal information, both on ground and off ground, are easy to be seen and understood.

For these reasons, I asked that the council cancel the PCN.

King Regards,

Response of the council

https://www.dropbox.com/s/kk7f05ty90gu3r2/i...sponse.pdf?dl=0

Response to my query about the evidence signs

hank you for your enquiry regarding the School Streets for St Mark’s Primary School.

The advanced warning signs are temporary plastic signs that we post around any new school street zones before it goes live to give advanced warning to the drivers of the fore coming changes. We tend to leave the advanced warning signs in place for a duration of period following the new changes until the new restrictions have settled in.

The permanent enforcement signs are in place at the starting point of all restrictions zones and below is the photo of the two signs at the entrance of Alexander Road at the junction of Cornwallis Road.

Please note that the School Streets are only operational during the school term times. Over the school holidays the signs are flipped over to show that the enforcement for the vehicle restriction is not in place.

Please let us know if you would like any further information regarding the School Street schemes.

Pictures that they sent me



I pointed out the signs on the map, as well as the direction I took :



It looks pretty solid, as I passed these 2 signs, straight in facing me...

This post has been edited by estevenin: Mon, 12 Aug 2019 - 16:40
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estevenin
post Wed, 21 Aug 2019 - 07:43
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What's your take on that then ? Lost case ?
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cp8759
post Wed, 21 Aug 2019 - 08:58
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Well the discount expired on Monday (or at least it was due to expire on Monday). Have a look on their website, if the penalty has gone up to £130 you might as well appeal, as it can't go up any more providing you don't miss the deadlines.


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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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estevenin
post Fri, 23 Aug 2019 - 07:38
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Thanks for the answer. Yes, it has gone up now. No choice then...
Any new thing you see I could add from their response ?
The only thing I could see to mention is the fact that they mention plastic advanced signs beeing placed but failed to provide evidence. But I feel it will be a bit light ? Thank you
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cp8759
post Sat, 24 Aug 2019 - 17:02
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For now I would just register the appeal on the tribunals website and write "detailed grounds to follow" in the reasons box, this will force the council to show its hand first.


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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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estevenin
post Sat, 7 Sep 2019 - 10:08
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I registered the appeal with "detailed grounds to follow", received an answer from the tribunal today, the council will not opposed my appeal :



Unsure of the reason why as I did not raised any arguments, I would say either a gesture of kindness, or a history of lost cases in this specific scheme.

Topic is now closed, thank you for your help, I hope it helps more people with the same case.

This post has been edited by estevenin: Sat, 7 Sep 2019 - 10:10
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