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PCN - 50R - No Right Turn, No signs in CCTV footage
Wizzy93
post Sun, 19 May 2019 - 14:23
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Hi all,

Just received a PCN from Waltham Forest Council for a prohibited right turn.

They've recently done work on this junction, previously there was a central reservation down the middle of Lea Bridge road which would have prevented a right turn. They've just taken that out (you can see the works happening in the street view link below).

My concerns:

- The CCTV images and the video do not show any evidence of the no right turn sign. The video is a 15 second clip which shows me turning right as per the stills in the PCN and nothing else. The camera does not pan away from that frame.

- I've gone back to the area and noticed that there are now indeed no right turn signs mounted on the lamposts that you can see on the street view location as well as the screenshot I've included (the turn in question is by the green shop). However, I'm 80% confident these were not up at the time I drove past. As I mentioned, the works have only recently completed.

So, question is - is the lack of signage in the CCTV evidence sufficient grounds to make representations?

If it came down to it, what would the council need to do prove those signs were indeed there at the time?

All images on this link:

https://imgur.com/a/1LcXALw

Street view: https://maps.app.goo.gl/iA9TNhLmbDtCRnam9

EDIT
Added video here: https://imgur.com/a/vW1k5mR

Thank you.

This post has been edited by Wizzy93: Mon, 20 May 2019 - 09:41
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post Sun, 19 May 2019 - 14:23
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Wizzy93
post Mon, 10 Jun 2019 - 13:43
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Just drafted something up. Appreciate any review/comments. I've kept it to just these two points for now. My rationale is that as the sign is not visible in the evidence, down to the council to prove that the signs were there on the date of the contravention.



Representations are made against this PCN on the following principles:

1. The PCN is invalid.

The applicable legislation says, at s5 (1) and (2):

(1)Where a penalty charge notice is served on any person and the penalty charge to which it relates is not paid before the end of the relevant period, the enforcing authority may serve on that person a statement (in this paragraph referred to as a “charge certificate”) to the effect that the penalty charge in question is increased by 50 per cent.
(2)The relevant period, in relation to a penalty charge notice is the period of 28 days beginning—
(a)where no representations are made under paragraph 1 above, with the date on which the penalty charge notice is served;

This PCN states on page 1: ‘The penalty charge of £130.00 must be paid before the end of the period of 28 days beginning with the date of this notice. If it is paid before the end of the period of 14 days beginning with the date of this notice the amount of penalty charge will be reduced by 50% to £65.00.’

Subsequently, on page 3, the PCN continues: ‘If the penalty charge is not paid before the end of the 28 day period, an increased charge of £195 may be payable (this is a 50% increase of the Penalty Charge amount). We may then send you a Charge Certificate seeking payment of this increase amount. At this stage it would be too late to make representations.

The wording in the PCN is not compliant with statutory requirements and acts to limit my rights in law.

2. Notwithstanding point 1, the PCN also fails to show any contravention. The PCN states that the alleged contravention is ‘50R Performing a prohibited turn (no right turn)’. The accompanying photos and CCTV video provided by the authority simply show my car performing a right turn. There is no evidence that the turn in question is prohibited, with no signage or road markings visible to indicate any such restriction.
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cp8759
post Mon, 10 Jun 2019 - 14:35
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QUOTE (Wizzy93 @ Mon, 10 Jun 2019 - 14:43) *
The applicable legislation says, at s5 (1) and (2):

No, it's paragraphs 5(1) and (2) of Schedule 1 to the London Local Authorities and Transport for London Act 2003 which you can find here https://www.legislation.gov.uk/ukla/2003/3/...graph/5/enacted, if you're going to start quoting laws at people you really want to get it right.

Sections 5(1) and (2) here https://www.legislation.gov.uk/ukla/2003/3/section/5/enacted have nothing to do with your PCN.

The second point could be made better but given the urgency, I'd just sent it off as it is, the council will no doubt reject in any event.


--------------------
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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Wizzy93
post Mon, 10 Jun 2019 - 15:33
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QUOTE (cp8759 @ Mon, 10 Jun 2019 - 15:35) *
QUOTE (Wizzy93 @ Mon, 10 Jun 2019 - 14:43) *
The applicable legislation says, at s5 (1) and (2):

No, it's paragraphs 5(1) and (2) of Schedule 1 to the London Local Authorities and Transport for London Act 2003 which you can find here https://www.legislation.gov.uk/ukla/2003/3/...graph/5/enacted, if you're going to start quoting laws at people you really want to get it right.

Sections 5(1) and (2) here https://www.legislation.gov.uk/ukla/2003/3/section/5/enacted have nothing to do with your PCN.

The second point could be made better but given the urgency, I'd just sent it off as it is, the council will no doubt reject in any event.


Noted, and thank you. I've submitted with the amended reference to the legislation.

Waiting game begins. Will update when I have something.
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