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Haringey Contavention 51 - No Entry, Threads merged
nomis56
post Tue, 19 Mar 2019 - 19:52
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Hi
I received this PCN from Haringey 51 for going through No Entry sign
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PCN does nOT show any No entry sign. Is that an issue to challenge it on?
Any other grounds to challenge it on?
Thanks
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post Tue, 19 Mar 2019 - 19:52
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peterguk
post Tue, 19 Mar 2019 - 20:00
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Let's see the video.


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nomis56
post Tue, 19 Mar 2019 - 20:24
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Video shows back of signs & one-way arrow. However isn't it what is on the PCN evidence & not on anything extra?
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peterguk
post Tue, 19 Mar 2019 - 20:31
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QUOTE (nomis56 @ Tue, 19 Mar 2019 - 20:24) *
Video shows back of signs & one-way arrow. However isn't it what is on the PCN evidence & not on anything extra?


The video is the evidence of the moving contravention. The PCN photo is just a snapshot.

This post has been edited by peterguk: Tue, 19 Mar 2019 - 20:33


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Incandescent
post Tue, 19 Mar 2019 - 21:03
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I think you'll struggle with this one.

Council are unlikely to give way so you'd end up at London Tribunals. SOme adjudicators will not accept video evidence that doesn't show the sign, so you'd win, but councils can always submit "library" photos together with a statement that the sign was in position at the time of the contravention. In addition, some adjudicators will "explore" using GSV, just like we do, and if the sign is there, you lose. It's also a Double-or-Quits gamble as the discount option will have been lost
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nomis56
post Tue, 19 Mar 2019 - 21:37
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Trying to upload video to tinypic but keeps failing
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cp8759
post Fri, 22 Mar 2019 - 21:26
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QUOTE (nomis56 @ Tue, 19 Mar 2019 - 21:37) *
Trying to upload video to tinypic but keeps failing

Try youtube


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nomis56
post Wed, 15 May 2019 - 12:27
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Hi

I was sent a PCN from Haringey on 18 March 2019, for an incident on 6 March, of going through a no entry sign. I replied via their website on 21 March, I believe done after 5pm so proabbly counts as 22 March.

I did not hear anything else but wanted to update my representation due to personal reasons (a close elderly family relative had died, I had already stated I was visiting them when I sent the representation).

Also I was concerned that the response might arrive whilst I was away in April. I could not update the representation and had to phone the council's hotline. The person I spoke to told me a reply would not come until mid-May & that as I made representation via the internet a response wouild be sent by email, I also gave her my additional representation & asked her to pass it on.

Neither in my original representation nor do I recall in my phone call did I mention that on 6 March as well as before & afterwards I was daily visiting the relative in the hospital.

Today 15 May I have a letter that is dated 7 May in a first-class envelope but without any post mark to indicate when it was posted.

If it was posted yesterday that would be 54/55 days from my representation, which seems to be just within the wire.

Their rejection does not make it clear whether they were informed of the additional information.

It gives me a further 14 days to pay at the reduced rate although that starts from 8 May i.e. 7 days has already elapsed.

I did not get an email response although the council hotline told me that was how I would be contacted.

Do any of these (or that during the time of the incident, before & afterwards I was daily visiting the hospital) give rise to appeal to the adjudicators?


Thank you


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cp8759
post Thu, 16 May 2019 - 13:16
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The 56-day rule is only for parking, it does not apply to moving traffic contraventions. Post up the video, your representations and their rejection and we'll be able to advice whether it's worth challenging further. At the moment you simply haven't given us enough information to say one way or the other.


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nomis56
post Fri, 17 May 2019 - 09:33
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Video:

http://sendvid.com/22f0p3ed?secret=b7bbfb3...0c-57a41232835a
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Rejection letter:
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http://tinypic.com/view.php?pic=33dfgag&s=9
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http://tinypic.com/view.php?pic=72swoz&s=9
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mummyof3
post Fri, 17 May 2019 - 10:37
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https://www.google.com/maps/@51.5886392,-0....6384!8i8192



This post has been edited by mummyof3: Fri, 17 May 2019 - 10:37


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cp8759
post Sat, 18 May 2019 - 18:08
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Show us the other pages of the rejection letter, your second link doesn't seem to work, imgur.com or imgbb.com are better sites than tinypic


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nomis56
post Sun, 19 May 2019 - 06:23
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Don't know why my last post did not embed on page as links did previously. However when I click on links they all work - anyway I've reuploaded to imgur:
https://imgur.com/a/0jdrG4T


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Mad Mick V
post Sun, 19 May 2019 - 07:45
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I cannot see a win with this one. As already posted, the Council can provide details of the signs which the OP passed. In any event GSV is damning:-
https://www.google.com/maps/place/Station+R...33;4d-0.0624648

I would take advantage of the re-offered discount.

Mick

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cp8759
post Sun, 19 May 2019 - 18:26
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The only possible ground of challenge I can see is Shelley Sinclair v London Borough of Lewisham (218033612A, 26 September 2018), because the NoR says that if you do not pay or appeal before the end of the 28 day period, the council may issue a charge certificate and "it will be too late for you to appeal", this is clearly wrong as the adjudicator has a power to accept a late appeal and in such circumstances the charge certificate is cancelled. See http://bit.ly/2IcQBnd

The contravention cannot reasonably be disputed, so realistically the options here are to pay the discount, or challenge the Notice of Rejection on the technical point but of course that would be with the full penalty amount in play at the tribunal.


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