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Bank 52M PCN - no motorised vehicles
bribri
post Fri, 3 Nov 2017 - 23:29
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I am following the main thread of this topic regarding signage/TMO etc but have specific questions for my case.

1 - any flaws in PCN
2. The date issued was 27th October but not received until 01 November
3. the photos and video (to follow) do not show the vehicle passing a sign


Firstly
PCN and accompanying info

Page 1


Page 2


Page 3


Page 4


Page 5


Page 6






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post Fri, 3 Nov 2017 - 23:29
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PASTMYBEST
post Sat, 4 Nov 2017 - 11:11
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in answer to your questions

1// Page 1 of the PCN the paragraph in bold under the photo. They state that they may issue a charge certificate if not paid by the end of the 28 day period. This is wrong they cannot serve a charge certificate until the expiry of the representation period
This is 28 day beginning with the date of service (unless it can be proved otherwise 2 working days after posting) so the are telling you they will issue a demand for more money two or more days before they are allowed.

Page two re the representation period the tell you reps can be disregarded if received after this date of service but qualify what this is with the word (received) in brackets Post not being universally reliable received could mean anytime after posting. You could also be away from home so would not receive until your return

2// date of notice or service are the applicable dates so the actual date of receipt is irrelevant

3// no one has yet produced any evidence of the signs in situ only the plan nor have we to see a video of passing signs
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bribri
post Sat, 11 Nov 2017 - 09:16
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I am trying to put my appeal together with reference to the comments on the various other conversations: such as PCN Code 52M Princes Street



As I understand it I will appeal on the basis that:

1) I didn't see the sign - the PCN video does not show me passing a sign - surely for a moving contravention (is it?) like a box junction or no right turn, the contravention has to be shown not deemed to have taken place. What the video does show is a bus on my inside which is why if there was a sign, I missed it. - does anyone have photos of the exact point with the signs in place?

2) The PCN states that the CC is issued if payment is not received from a period beginning 28 days after issuing, this fails to inform me that if I appeal then it is 28 days from service?? is that right?

3) there is the issue of correct signage but I am unclear if this has been successfully argues - I believe from reading here that it is up for review. I would state that in a previous adjudication the EA stated that they "have the option of using the description which best matches the sign (code 33) or the description which best matches the order (code 52). The TMO says that vehicles cannot enter (prohibition) and proceed (route). The traffic order for Bank on Safety is both a restricted route and vehicle prohibition order. ... to use code 52M was chosen as it best matches the order though we accept code 33C could also be used due to the signs."
I would argue that the sign should match the order then as the signs do not properly tell me the restriction - perhaps akin to giving a footballer a red card indicating serious foul play when it should have been a second yellow for taking a shirt off - the outcome is teh same but wrong.
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bribri
post Tue, 14 Nov 2017 - 23:06
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I have read the london tribunals website London tribunals which states:

The enforcement authority may issue a charge certificate where the penalty charge has not been paid and after:

A Penalty Charge Notice was served by post or a Notice to Owner has been served and the Authority did not receive representations within 28 days, beginning with the date of service of that notice;


To my mind the PCN as PMB states is clearly mis-stating the position when it has , "the penalty chargemust be paid before the end of the period of 28 days" and "failure to pay the charge by the end of the 28 day period may lead to a charge certificate" without mentioning reps.

I'll add other bits about signage.

Any other thoughts?
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PASTMYBEST
post Tue, 14 Nov 2017 - 23:32
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QUOTE (bribri @ Tue, 14 Nov 2017 - 23:06) *
I have read the london tribunals website London tribunals which states:

The enforcement authority may issue a charge certificate where the penalty charge has not been paid and after:

A Penalty Charge Notice was served by post or a Notice to Owner has been served and the Authority did not receive representations within 28 days, beginning with the date of service of that notice;


To my mind the PCN as PMB states is clearly mis-stating the position when it has , "the penalty chargemust be paid before the end of the period of 28 days" and "failure to pay the charge by the end of the 28 day period may lead to a charge certificate" without mentioning reps.

I'll add other bits about signage.

Any other thoughts?


Your not there yey draft your reps to council and post here for review
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bribri
post Sat, 18 Nov 2017 - 17:19
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The contravention occurred on 23 Oct 2017 so I think 19/11/2017 is the 28th day. therefore I want to send the reps off today/tomorrow.

I will appeal as follows:

1 - The council have provided no evidence in video or photo form that my vehicle passed any notices announcing the restriction under consideration. The map of the signs shows no detail as to their location. Even if a sign was in place at the time of the contravention, the presence of the bus on my left hand side as clearly shown in the video evidence would have eliminated it from view. The report in the Daily Mail (http://www.dailymail.co.uk/news/article-5094259/London-junction-sees-drivers-fined-7m-just-four-months.html) of over 100,000 fines being issued between May 2017 and September 2017 would support my contention that there is insufficient signage.

2 - From the advice literature sent by the council, the signage I would have seen if visible was a bus and cycle only sign. The Traffic Signs Manual (P137 and others) clearly calls this a route for use by bus and cycle- which requires a different contravention code and one would have expected appropriate road markings which would have alleviated the issue in point 1 above. the traffic signs manual also suggests other signs should have been used to indicate access restricted to buses and cycles.

3) The contravention description states a prohibition on motor vehicles except buses - yet this restriction does not apply to cash-in transit vehicles and local authority vehicles. Therefore this it is wrong to use this contravention.

4) the information on the PCN states in red that the penalty charge MUST be paid before the end of the period of 28 days beginning with the date of notice. Also on the front page the PCN states a charge certificate may be issued if there is a failure to pay the charge before the end of the 28 day period. These two points misstate the legal position that the charge certificate cannot be issued until after 28 days after date of service of the PCN if no representations received. Indded the use of red and must in bold appear designed to discourage representations.

i respectfully ask you to cancel the PCN for the above reasons
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PASTMYBEST
post Sat, 18 Nov 2017 - 19:03
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QUOTE (bribri @ Sat, 18 Nov 2017 - 17:19) *
The contravention occurred on 23 Oct 2017 so I think 19/11/2017 is the 28th day. therefore I want to send the reps off today/tomorrow.

I will appeal as follows:

1 - The council have provided no evidence in video or photo form that my vehicle passed any notices announcing the restriction under consideration. The map of the signs shows no detail as to their location. Even if a sign was in place at the time of the contravention, the presence of the bus on my left hand side as clearly shown in the video evidence would have eliminated it from view. The report in the Daily Mail (http://www.dailymail.co.uk/news/article-5094259/London-junction-sees-drivers-fined-7m-just-four-months.html) of over 100,000 fines being issued between May 2017 and September 2017 would support my contention that there is insufficient signage.

2 - From the advice literature sent by the council, the signage I would have seen if visible was a bus and cycle only sign. The Traffic Signs Manual (P137 and others) clearly calls this a route for use by bus and cycle- which requires a different contravention code and one would have expected appropriate road markings which would have alleviated the issue in point 1 above. the traffic signs manual also suggests other signs should have been used to indicate access restricted to buses and cycles.

3) The contravention description states a prohibition on motor vehicles except buses - yet this restriction does not apply to cash-in transit vehicles and local authority vehicles. Therefore this it is wrong to use this contravention.

4) the information on the PCN states in red that the penalty charge MUST be paid before the end of the period of 28 days beginning with the date of notice. Also on the front page the PCN states a charge certificate may be issued if there is a failure to pay the charge before the end of the 28 day period. These two points misstate the legal position that the charge certificate cannot be issued until after 28 days after date of service of the PCN if no representations received. Indded the use of red and must in bold appear designed to discourage representations.

i respectfully ask you to cancel the PCN for the above reasons



You have until the 23rd.

Point 4 only the statement re the issue of a charge cert is wrong so change that

point 1 assert that you did not see any signs, not that they have no proof
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bribri
post Tue, 21 Nov 2017 - 16:57
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Amended appeal

I will appeal as follows:

1 - The contravention is for travelling into a zone restricted to buses and cycles. I did not see any sign to inform me of that restriction. Furthermore, the council have provided no evidence in video or photo form that my vehicle passed any notices announcing the restriction under consideration. The map of the signs shows no detail as to their location. Even if a sign was in place at the time of the contravention, the presence of the bus on my left hand side as clearly shown in the video evidence would have eliminated it from view. The report in the Daily Mail (http://www.dailymail.co.uk/news/article-5094259/London-junction-sees-drivers-fined-7m-just-four-months.html) of over 100,000 fines being issued between May 2017 and September 2017 supports my contention that there is insufficient signage.

2 - From the advice literature sent by the council, the signage I would have seen if visible was a bus and cycle only sign. The Traffic Signs Manual (P137 and others) clearly calls this a route for use by bus and cycle- which requires a different contravention code and one would have expected appropriate road markings which would have alleviated the issue in point 1 above. the traffic signs manual also suggests other signs should have been used to indicate access restricted to buses and cycles.

3) The contravention description states a prohibition on motor vehicles except buses - yet this restriction does not apply to cash-in transit vehicles and local authority vehicles. Therefore this it is wrong to use this contravention.

4) On the front page the PCN it states that a charge certificate may be issued if there is a failure to pay the charge before the end of the 28 day period. This point misstates the legal position that the charge certificate cannot be issued until after 28 days after date of service of the PCN if no representations received. This fetters my ability to appeal within the allowed time limits.

i respectfully ask you to cancel the PCN for the above reasons

--------------------------------------------------------------------------------------------------
I am aware of the two appeals allowed at tribunal whihc appear o support points 1 and 2 above but I feel it is best to hold on to those until tribunal if required. Unless others disagree.
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bribri
post Thu, 11 Jan 2018 - 15:11
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Success. Received cancellation letter today.

Thank you for your communication in relation to the … PCN

The PCN was issued to the … vehicle for failing to comply with a prohibition on certain types of vehicle (motor vehicles) - only buses and pedal cycles allowed Monday to Friday between 7am and 7pm. This is because the above vehicle has been seen to have passed through a sign prohibiting certain class of vehicle from accessing Bank Junction during the restricted time(s).

Since Monday 22 May 2017, the ‘Bank on Safety’ experimental traffic scheme, aimed at reducing collisions and improving road safety, became operational meaning that only buses and pedal cycles are able to cross Bank Junction, Monday to Friday, between the hours of 7am to 7pm. Other vehicles will be rerouted via advanced warning signs on the approaches to the area and the junction. The Bank Junction comprises the approaches of Princes Street, Threadneedle Street, Cornhill, Poultry, Lombard Street, King William Street and Queen Victoria Street. Blue bus and cycle only signs are displayed at the entry points of the restriction. Advanced directional signs are also in place to give advance warning to the restriction to further assist with alternative routes
A … selection of maps and information regarding the scheme including loading areas, vehicle length and access routes to each of the approach arms can be found at www.cityoflondon.gov.uk/bankonsafety.

Having given consideration to your case, I have taken the decision to cancel the PCN. I would add that this should not be viewed as a precedent for any future cases as we look at each and every case individually upon its merits. Furthermore, the City expects all drivers to comply with any restrictions that are in place and should you receive a PCN in similar circumstances it may be enforced. I can confirm that the case is now closed and you have no further outstanding liability for this
particular PCN.
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