Dermody Road, 52j - Failing to comply with a prohibition on certain types of vehicle |
Dermody Road, 52j - Failing to comply with a prohibition on certain types of vehicle |
Tue, 29 Sep 2020 - 11:26
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#1
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New Member Group: Members Posts: 3 Joined: 29 Sep 2020 Member No.: 109,944 |
Hi
Recently i received a PCN for 52j - Failing to comply with a prohibition on certain types of vehicle (camera enforcement) This happened on 31/08/2020 on a bank holiday and there was other cars driving down this road. This is my first PCN and i am wondering if there is any grounds for me to challenge as this appears to be a money grab in this COVID time when commuters are purposely avoiding public transport to avoid catching the virus. I have attached photos and a video for reference. I feel the signage was very late and i did not see any prior signs before commiting this traffic violation. I was following my satnav as i was not familiar with the area. As this sign was also at a junction it was not clear whcih road was closed. This post has been edited by Dhilz: Tue, 29 Sep 2020 - 11:49 |
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Tue, 29 Sep 2020 - 11:26
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Wed, 30 Sep 2020 - 07:11
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#2
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Post the video and the PCN please.
-------------------- 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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Wed, 30 Sep 2020 - 13:23
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#3
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New Member Group: Members Posts: 3 Joined: 29 Sep 2020 Member No.: 109,944 |
HI
Please see the below link with image to my pcn https://ibb.co/QXZ6MJT I am struggling to upload the video but will continue trying This post has been edited by Dhilz: Wed, 30 Sep 2020 - 13:25 |
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Wed, 30 Sep 2020 - 15:40
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#4
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Put the video on youtube or vimeo, also post all pages of the PCN.
-------------------- 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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Wed, 30 Sep 2020 - 17:52
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#5
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New Member Group: Members Posts: 3 Joined: 29 Sep 2020 Member No.: 109,944 |
Hi,
Please find below the PCN letter: https://ibb.co/QXZ6MJT https://ibb.co/dKf8VtJ https://ibb.co/NYjpV92 https://ibb.co/Lz0X15W I have uploaded the PCN video to youtube: https://youtu.be/lHYCYp-Rz4U |
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Wed, 30 Sep 2020 - 19:04
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#6
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
I've looked over the PCN and checked the video and there's no obvious way out, a plea for discretion is all I can suggest right now.
-------------------- 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, 12 Oct 2020 - 21:14
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#7
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New Member Group: Members Posts: 9 Joined: 1 Jul 2017 From: Westminster, London Member No.: 92,787 |
From what I can see, the PCN above was not served within 28 days. Date served is 2 working days after date issued.
Contravention Date: 31 August 2020 Issue Date: 25 September 2020 Date Served: 29 September 2020 Total days: 29 Days Wording required: The authority has issued a penalty charge notice more than 28 days after the initial contravention occurred. The law dictates that no penalty charge should be issued after 28 days. Section 6 of the London Local Authorities and Transport for London Act 2003 states "Limitation on service of penalty charge notice (1)Subject to the provisions of this section, no penalty charge notice may be served under this Act after the expiry of the period of 28 days beginning with the date on which the alleged contravention or failure to comply occurred." The law has provided clear and unambiguous direction that all penalty charge notices must be issued within 28 days of the contravention date. The appeal must therefore be allowed and the penalty charge notice must be cancelled. You can use my app parkingmateuk.com to write your appeal, the wording above is from the app and it's free to use The other defences I have used are: - No notification of enforcement sent to the residents - If it was impossible to stop if you were in a line of traffic - If the council don't address your appeal, then they have not acted fairly It may not help everyone but has helped me appeal 6/10 PCN's so far. Thanks all, Leo |
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Tue, 13 Oct 2020 - 06:05
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#8
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Member Group: Members Posts: 29,269 Joined: 16 Jan 2008 Member No.: 16,671 |
Just allow me some leeway here.
I feel the signage was very late and i did not see any prior signs before commiting this traffic violation. I was following my satnav as i was not familiar with the area. As this sign was also at a junction it was not clear whcih road was closed. All valid points in a common sense way but not so much a legal way. BUT why, once you encountered the signs, did you continue through them? I'm just really interested to know because we've seen so many of these, One further hope that might help cp's suggestion of asking for discretion, is that I've just read yesterday that Lewisham have recognised these are a disaster and will be removing them very soon. Total days: 29 Days 30 actually but good point. -------------------- |
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Tue, 13 Oct 2020 - 08:20
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#9
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
there is no address to which you can send payment as the regs require
Re the date of service do you hold the v5c or is it a lease/hire /company vehicle. Just dotting the i's Lewisham have issued a few late recently This post has been edited by PASTMYBEST: Tue, 13 Oct 2020 - 08:20 -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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