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Dermody Road, 52j - Failing to comply with a prohibition on certain types of vehicle
Dhilz
post Tue, 29 Sep 2020 - 11:26
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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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post Tue, 29 Sep 2020 - 11:26
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cp8759
post Wed, 30 Sep 2020 - 07:11
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Post the video and the PCN please.


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Dhilz
post Wed, 30 Sep 2020 - 13:23
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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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cp8759
post Wed, 30 Sep 2020 - 15:40
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Put the video on youtube or vimeo, also post all pages of the PCN.


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Dhilz
post Wed, 30 Sep 2020 - 17:52
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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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cp8759
post Wed, 30 Sep 2020 - 19:04
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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.


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ProfessorX
post Mon, 12 Oct 2020 - 21:14
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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 smile.gif

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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Neil B
post Tue, 13 Oct 2020 - 06:05
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Just allow me some leeway here.
QUOTE (Dhilz @ Tue, 29 Sep 2020 - 12:26) *
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.

QUOTE (ProfessorX @ Mon, 12 Oct 2020 - 22:14) *
Total days: 29 Days

30 actually but good point.


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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PASTMYBEST
post Tue, 13 Oct 2020 - 08:20
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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


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