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Another - Phoenix Way (Services) PCN - London Borough of Hounslow
Rasman32
post Thu, 18 Oct 2018 - 13:58
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All,

Another PCN for Phoenix way.
https://imgur.com/a/bhdAycJ

For those finding this thread here are some more good discussions:

http://forums.pepipoo.com/index.php?showtopic=123436
http://forums.pepipoo.com/index.php?showtopic=122430

New info: I was told by Hounslow Council that the enforcement is at the request of the land owner. Moto services, the franchise holder of that travelodge. Travelodge staff have specifically told me I can use that access way so does this constitute being given permission by an agent of the land owner to use that access route?

Seems like they're really shooting themselves in the foot, apparently the Travelodge has lost LOTS of clients (the only other way to get there adds a 10 mile half hour detour up the motorway).

TMA 2004 has been updated to "London Local Authorities and Transport for London Act 2003"

The signs are not lit and are too high for headlights to cast sufficient light on them at night time. The motorway access sign is the prominent and noticeable sign.

I spoke with Automania Group Ltd and their understanding is that the public should have access to their business via Phoenix way. If they have a right of way over the private land then presumably they can allow access over that right of way?

https://www.hounslow.gov.uk/news/article/55...way_enforcement

The statement says: “the access road by the MOTO Heston Motorway Service Station on the M4, are advised that from Monday 23 July, the route is now being enforced via CCTV. The access road, which has always been prohibited to traffic other than authorised vehicles servicing the service station” - The statement is misleading, incomplete or incorrect - either the restriction has changed, or the new restriction still allows hotel guests to use the entrance. The prior restriction allowed access to the hotel via Phoenix way, and based on the penalty charge notice the new restriction does not.


QUOTE (cp8759 @ Mon, 15 Oct 2018 - 19:30) *
This is very simple really:

Dear Sir or Madam,

You have issued a Penalty Charge Notice under the Traffic Management Act 2004 for a moving traffic contravention. Section 72 of the Traffic Management Act 2004 provides that the appropriate national authority (in your case the Secretary of State for Transport) may make regulations allowing the imposition of penalty charges for moving traffic contraventions. To my knowledge, no such regulations have yet been made and it follows that you have no statutory power to issue a Penalty Charge Notice for a moving traffic contravention under this legislation. If you believe I am mistaken, please confirm the name and SI number of the regulations which empower you to issue PCNs for moving traffic contraventions under the Traffic Management Act 2004.


This has now been updated to "London Local Authorities and Transport for London Act 2003"

QUOTE (cp8759 @ Mon, 27 Aug 2018 - 00:36) *
The PCN is flawed, it does not adequately particularise the offence. The contravention code table at https://www.londoncouncils.gov.uk/download/file/fid/20848 says under the notes for code 52 "Code-specific suffixes apply.", the codes are:

g) local buses only, m) motor vehicles, s) solo motorcycles, v) all vehicles except non-mechanically propelled ones being pushed, x) motor vehicles except solo m/cycles.

In this instance the PCN should say 52JM Failing to comply with a prohibition on certain types of vehicle (motor vehicles)

Because it doesn't, the PCN does not adequately particularise the alleged wrongdoing, Austin Biesty v London Borough of Brent (case reference 2130412623) is the relevant adjudication here:

The Penalty Charge Notice ('PCN') in this case describes the alleged traffic contravention as Failing to comply with a sign indicating a prohibited turn. However, the PCN fails to particularise what turn is prohibited, left or right. Also, whilst the Penalty Charge Notice ('PCN') includes superimposed pictures, it is impossible to see in the copy filed any actual traffic sign(s) that the appellant is alleged to have failed to comply with and there is no copy of the sign(s) themselves superimposed on the PCN.

In the circumstances, I find that the PCN is invalid and unenforceable as it fails to comply with the requirements of section 4(8)(a)(i) of the London Local Authorities and Transport for London Act 2003 ('LLA & TFL Act 2003'), which states that the PCN "must (a) state (i) the grounds on which the council...believe that the penalty charge is payable with respect to the vehicle".

In these circumstances, I must allow this appeal.


QUOTE (PASTMYBEST @ Mon, 27 Aug 2018 - 00:34) *
Just musing a bit. Who is the enforcing authority here. From looks of it in those photos it could well be HE not the council. If so I would contend it is not a highway that the public have unfettered access to

The OP has posted the PCN and it's from the London Borough of Hounslow?


This is still the case.

I was a hotel guest and have a reservation confirmation.

I'd greatly appreciate any updated info or results of other challenges.
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post Thu, 18 Oct 2018 - 13:58
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John U.K.
post Tue, 5 Mar 2019 - 10:05
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QUOTE (mehul @ Tue, 5 Mar 2019 - 09:01) *
Rasman32 and AntonyQuant, can you please update whether your PCNs have contravention code 52J written on it and still it got cancelled following appeal? Please update status of your PCNs so that I can know if I can go to court for 4 of my 52J Phoenix Way PCNs.


Mehul, have you tried a PM (Private Message) to these OPs?
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rockfordbeckett
post Thu, 16 May 2019 - 01:45
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I have been following all this great information with interest since getting a PCN on New Years Eve for accessing the hotel via Phoenix Way.I sent my appeal back at the start of January and heard nothing back so assumed it had been accepted.Today however I had a letter back staying it had been rejected.Surely 4 and a half months is an unreasonable length of time to deliberate on an appeal?
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cp8759
post Fri, 17 May 2019 - 00:07
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QUOTE (rockfordbeckett @ Thu, 16 May 2019 - 02:45) *
I have been following all this great information with interest since getting a PCN on New Years Eve for accessing the hotel via Phoenix Way.I sent my appeal back at the start of January and heard nothing back so assumed it had been accepted.Today however I had a letter back staying it had been rejected.Surely 4 and a half months is an unreasonable length of time to deliberate on an appeal?

Set up a thread of your own and post all the docs, the Traffic Management Order at this location is flawed.


--------------------
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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