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Failed Bank Junction 52M PCN appeal
SW1London
post Tue, 3 Dec 2019 - 14:12
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I sent the following email on Saturday 30th Nov. in support of my PCN at Bank Junction (Cornhill)



PCN – xx
Date of PCN – xx
Vehicle Registration No – xx


Dear Sir

I refer to the above.

The alleged contravention did not occur, on the basis that the signage at Cornhill does not comply with the requirements of the Traffic Signs Regulations and General Directions 2016, as found by the London Tribunals in Salih Dogan v City of London (case reference 2180198194). While each case is decided on its merits, the signage in issue is the same, and there is no reason to believe the tribunal would reach a different conclusion in this instance. In particular the tribunal ruled that:

"In this appeal the local authority argues that the legend Bus Gate is not mandatory because there is no link from the Route for Bus and Cycle Only sign in the Traffic Signs Regulations and General Directions 2016. The case summary does not refer to Schedule 9 Part 5 para 1 TSRGD 2016 which provides that the information etc. of a description in column 2 of an item in the sign table in Part 6 “must” be conveyed by a road marking shown in column 3. The legend bus gate is one of the items in column 3 of part 6 of Schedule 9.

Item 15 of the sign table in part 6 contains the description ” Road or part of a road with access permitted only for buses and other vehicles when so indicated by any of the signs at items 10, 33 to 35 and 37 to 40 in the sign table in Part 2 of Schedule 3”.

The restricted access of that type in the present case is indicated by a (permitted variant of) a sign to Diagram 953 shown in the Schedule 3 Part 2 sign table at item 33.
I find that the Traffic Signs Regulations and General Directions 2016 state that the bus gate legend is mandatory.

I am satisfied that the bus gate requirement is mandatory therefore I must allow this appeal."

In light of this it would be wholly unreasonable for you to pursue enforcement any further



Today 2nd Dec. I got the an email of rejection

NOTICE OF REJECTION

Thank you for your communication in relation to the above PCN. It would interest you to know that the PCN was issued, in accordance with the London Local Authorities and Transport for London Act 2003, as your vehicle was observed by CCTV camera and The City of London Corporation had reasonable cause to believe that it was committing the contravention of failing to comply with a sign indicating a prohibition on certain types of vehicle.
The PCN was issued to the above 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. It is because the above vehicle has been seen to have passed through Bank Junction during the restricted time.



Vehicles are being rerouted via advance warnings and signage on the approach streets leading to the junction. This is mainly a safety scheme which is needed to modify the area called ‘Bank Junction’ in order to make the wider area more successful by focusing on restricting the number of vehicles that cross Bank Junction during the working day to significantly reduce overcrowding, the number of collisions and improve road user travel experience.
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 Court of Common Council approved a report on 13 September 2018 that recommended making
the experimental scheme permanent and as of 25 September 2018 the scheme came permanently into
operation.

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.

You can view the footage on our website www.cityoflondon.gov.uk/pcn. You will need to enter the vehicle registration (XXXXXXX) and PCN (CLXXXXXXXX) numbers into the search screen. You should then select the “View Evidence” button from the “Additional Details” section of the page.
The vehicle was observed at 10:59 on 14/11/2019 by CCTV contravening the regulations in CORNHILL. The sign on the Cornhill approach is located at the intersection of Leadenhall Street/ Gracehurch Street and Cornhill.
While I note your comments, I am satisfied that the signs are clear and compliant with the TSRGD 2016. The London Tribunal records are replete with a number of cases where the Adjudicator has ruled that, driver should locate and obey signs as they are seen Therefore, having carefully considered the reasons for your challenge and the evidence before me, I am not prepared to cancel the PCN on this occasion.



The penalty level was held while your comments were considered. On this occasion only, the charge will be kept at the discount rate of £65.00 for a period of 21 days, beginning with the date of service of this Notice of Rejection. If you wish to take advantage of this discount, and do not wish to appeal to the Environment and Traffic Adjudicators, you must pay within the 21 day period as it will not be extended, even if you write to us again. After this period has expired the value of the charge will be £130.00.
Before the end of the period of 28 days beginning with the date of service of this Notice of Rejection, you must EITHER;
 Pay the penalty charge, OR
 Appeal to the Environment and Traffic Adjudicators
If neither of the above are followed, the penalty charge will increase by 50% and a Charge Certificate may be served on you seeking payment of the increased charge of £195.00 (less any amounts paid).
Payment can be made by the following methods:
 Online via www.cityoflondon.gov.uk/pcn.
 By telephone via 0330 088 3724 (calls are charged at your local rate).
(MasterCard, Visa or Delta card holders may pay their PCNs securely using the above services which are available 24 hours a day, 365 days a year. Have your card, PCN and vehicle registration numbers ready.)
 By post to: City of London, PO Box 243, Sheffield S98 1PX. Cheques or postal orders should be made payable to the “CHAMBERLAIN OF LONDON” and you must write the PCN number and vehicle registration number on the reverse of the cheque or postal order. All communication must be properly stamped and please allow sufficient time to ensure that payment is received by the due date.
However, if you still wish to dispute the issue of the PCN you may appeal on-line at the following address www.londontribunals.gov.uk. Please ensure that you quote the unique appeal Verification Codexxxxxx and follow the on-line instructions on how to complete your appeal.
Alternatively you can complete the Notice of Appeal form enclosed with this letter (please read the
guidance notes before completing the form) and send your appeal to London Tribunals, the Environment and Traffic Adjudicators, PO Box 10598, Nottingham NG6 6DR OR appeal online at www.LondonTribunals.gov.uk.
Please do not send your appeal to us. If you wish to make any enquiries about your appeal, please visit the London Tribunals website at www.londontribunals.gov.uk or call 020 7520 7200.
The adjudication service is completely independent of the City of London. You should also be aware that, in certain circumstances, an application for costs can be made by either party as explained on the enclosed appeal form.
Yours sincerely
S Chuku
For Parking Ticket Office
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post Tue, 3 Dec 2019 - 14:12
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PASTMYBEST
post Tue, 3 Dec 2019 - 20:16
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We need to see the documents not transcripts (they are legal documents and need to be checked for errors ) use an external hosting site such as imgur.

The PCN the rejection and the video please


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cp8759
post Wed, 4 Dec 2019 - 00:08
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Also how many PCNs have you had at this location.


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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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SW1London
post Wed, 4 Dec 2019 - 00:41
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This was my first one, 34 years driving in the CoL

The camera got me leaving Cornhill at the bank junction at 10:59 on 14/11/19
I doesn’t show me entering Cornhill from the east along Queen Victoria Street
QV st was open to eastbound traffic at the time because of Cannon St. was closed
I’m a taxi driver so I had just dropped a passenger opposite 1 Cornhill, done a U turn and proceeded back down QV st.
The notice of rejection mentions sings at the junction of Bishopsgate and Cornhill. I could not have seen these because I was at the opposite end of Cornhill
Is it me worth asking the CoL for video footage from the time leading up to the PCN from different camera angles

I originally phoned the CoL PCN people last Wednesday after I received the notice and asked for the relevant restrictions that were in force on the day (website only shows current ones) The lady said as it was my first offence she could remove the charge and send me confirmation in the post. When I didn’t receive it by Friday I rung again and got somebody less helpful who told me I had to appeal by email. I asked him for a copy of the previous phone conversation with the lady but he just kept telling me I had to write
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cp8759
post Wed, 4 Dec 2019 - 01:46
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You need to post the actual documents, there are legal documents we need to check for accuracy, transcripts are no good.


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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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SW1London
post Wed, 4 Dec 2019 - 07:48
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Away from home at the moment will post in the next couple of days
Cheers
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SW1London
post Fri, 6 Dec 2019 - 00:42
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Attached Image
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SW1London
post Fri, 6 Dec 2019 - 00:59
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I’ve had a look at the road signs on google street view travelling eastbound along Queen Victoria Street and you can see they are all covered up while the roadworks are in place at Cannon Street. I believe the restrictions were removed on the 15 Nov. the day after my PCN.
I think I acted a bit hastily sending in my appeal just copying and pasting previous appeals I’d read on the forum. I should have just stated I did not see any restrictions on QV St. or in Cornhill when I executed my u turn
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Mad Mick V
post Fri, 6 Dec 2019 - 08:22
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Get the video.

Start of restriction appears to be here.

https://www.google.com/maps/@51.5134026,-0....6384!8i8192

That's a bus lane with no road markings!

Usually with Cornhill the video will not show the vehicle passing a restriction sign so, as evidence, it's pants.


Mick
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SW1London
post Fri, 6 Dec 2019 - 08:37
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I did not see the restrictions shown in that street view as I approached Cornhill from the west, then stopped at the beginning of it roughly opposite No.1 , done a u turn then left back down QV St

I don’t know how to capture the video off the CoL site and post it here

This post has been edited by SW1London: Fri, 6 Dec 2019 - 10:13
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SW1London
post Fri, 6 Dec 2019 - 08:54
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My appeal failed using the standard bus gate route. Do you think I should provide the evidence that I came from QV St and carry this appeal on

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SW1London
post Fri, 6 Dec 2019 - 10:08
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Attached Image
Attached Image
Attached Image
Attached Image
Attached Image

Attached Image


These screenshots show the route I took and the bank restriction signs covered up and the diversion route signs
In the last picture I stopped roughly where the group of people are standing in Cornhill

This post has been edited by SW1London: Fri, 6 Dec 2019 - 12:26
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cp8759
post Sat, 7 Dec 2019 - 01:14
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QUOTE (SW1London @ Fri, 6 Dec 2019 - 08:37) *
I don’t know how to capture the video off the CoL site and post it here

Use https://chrome.google.com/webstore/detail/f...jenkahhlhccpdbc to download it and then upload to youtube or vimeo.

There's no point in posting google street view screenshots, give us links instead so we can have a look around.

Could anyone else have got a PCN at this location with this vehicle, for example was it a recent purchase? CoL policy seems to be to always cancel the first one.

Also, post up the actual rejection letter, it's a legal document and we need to check it properly, just cover up your name and address. Use an external site like imgur.com to host the images as there won't be space on here.


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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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SW1London
post Sat, 7 Dec 2019 - 09:51
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Pictures showing the route along QV St. too Cornhill
https://goo.gl/maps/aGNTRXoqBPPaWh5y5
https://goo.gl/maps/5137KEuq767w7qq89
https://goo.gl/maps/FkKtjp4tE2ia6ZyN7
https://goo.gl/maps/E3KG8FARxP8sCJj6A

This last picture shows roughly where I stopped in Cornhill (same as taxi in picture) to do a U-turn
https://goo.gl/maps/taYoyur7vJ4Kb2VYA
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SW1London
post Sat, 7 Dec 2019 - 10:12
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Hopefully this is a copy of the video
https://share.icloud.com/photos/0tIyoWXSzUy7GxsNQCNRC0tFw
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SW1London
post Sat, 7 Dec 2019 - 10:32
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Letter of rejection
Attached Image

Attached Image

Attached Image


This post has been edited by SW1London: Sat, 7 Dec 2019 - 10:37
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cp8759
post Sat, 7 Dec 2019 - 21:24
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Well the discount is gone so you might as well appeal to the tribunal. There's a helpful will / may flaw on the Notice of Rejection.

For now I would suggest you simply register the appeal on the tribunal website, and put "full grounds to follow" in the further information box, this will force the CoL to upload its evidence first.


--------------------
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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PASTMYBEST
post Sat, 7 Dec 2019 - 22:02
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QUOTE (cp8759 @ Sat, 7 Dec 2019 - 21:24) *
Well the discount is gone so you might as well appeal to the tribunal. There's a helpful will / may flaw on the Notice of Rejection.

For now I would suggest you simply register the appeal on the tribunal website, and put "full grounds to follow" in the further information box, this will force the CoL to upload its evidence first.


I agree with CP but hold fire until the weekend of the 21st-22nd One of us need to write your appeal for you so lets not get it tied up with the holiday.




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SW1London
post Sun, 8 Dec 2019 - 00:06
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Haven’t I still got the discount for 21 day’s from the date on the rejection notice
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PASTMYBEST
post Sun, 8 Dec 2019 - 08:11
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QUOTE (SW1London @ Sun, 8 Dec 2019 - 00:06) *
Haven’t I still got the discount for 21 day’s from the date on the rejection notice


yes


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