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Hackney School Streets Restrictions - Rushmore Road PCN, Hackney School Streets Restrictions - Rushmore Road PCN
RootieTootie
post Tue, 16 Oct 2018 - 18:41
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Hi there,

So Hackney Council have placed a new restriction on the roads surrounding Millfields School. All the roads in this area are dead ends and Rushmore Road, which runs along side the school, is the only exit route out of the area.

A flyer delivered in February offering all information, prior to the enforcement, gave the impression that all vehicles assigned to residents in Zone N would automatically be registered for exemption. On reading it again - there seems to be a contradiction.

A PCN has been delivered. Please see the attached, as well as the flyer initially received by all in the area.

All comments and thoughts welcome. The local council has been called, however, they will not cancel it over the phone, so a strong initial case is necessary.

Side note: the image on the right is as unclear as it appears - only the reg number is visible.

Here's the PCN and flyer:


Thanks in advance.

UPDATE: This is a 6 page doc - but I'm having difficulty saving the pdf with all pages to a JPEG (it's just saving the first page) - any advise appreciated. tinypic is not playing ball anymore it would seem.... or for now, so I can't add them as separate pages.

smile.gif

This post has been edited by RootieTootie: Tue, 16 Oct 2018 - 19:12
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post Tue, 16 Oct 2018 - 18:41
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PASTMYBEST
post Tue, 16 Oct 2018 - 18:45
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post a GSV of the location , those signs don't seem right but its hard to tell


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cp8759
post Tue, 16 Oct 2018 - 18:46
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Show us this flyer you speak of.


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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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RootieTootie
post Tue, 16 Oct 2018 - 19:11
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Struggling to upload, and have to rush out - will attempt again later. tinypics keeps failing, and even though the attachment is small in size it won't upload directly (I might have missed something here).

What's a GSV? (excuse my ignorance - it's not on the abbreviations list!).

Cheers
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stamfordman
post Tue, 16 Oct 2018 - 19:15
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google street view

use https://imgbb.com and post the BBCode embed links

reinstate all dates and times on PCN.

for Millfields the resident exemptions are:

Zone SS3 - Millfields
Only vehicles registered to these address can be driven in zone SS3 during operating times:

23-39 Rushmore Road E5 0ET - odd numbers only
40-56 Rushmore Road E5 0ET - even numbers only
1-14 Domfe Place E50EZ
1-35 Hilsea Street E5 0SG
2-44 Elmcroft Street E5 0SQ
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RootieTootie
post Tue, 16 Oct 2018 - 19:32
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Haha - googled it... the irony.

Sadly these images are out of date - the enforcement signs are not up in them - I'll have to take pics tomorrow.

https://goo.gl/maps/KQr1cJnuFhH2

QUOTE (stamfordman @ Tue, 16 Oct 2018 - 20:15) *
google street view

use https://imgbb.com and post the BBCode embed links

reinstate all dates and times on PCN.

for Millfields the resident exemptions are:

Zone SS3 - Millfields
Only vehicles registered to these address can be driven in zone SS3 during operating times:

23-39 Rushmore Road E5 0ET - odd numbers only
40-56 Rushmore Road E5 0ET - even numbers only
1-14 Domfe Place E50EZ
1-35 Hilsea Street E5 0SG
2-44 Elmcroft Street E5 0SQ


Yes, the council mentioned these roads and the map on the website - these are the direct roads around the school.

I've managed to upload the flyer now - this is what was received in feb, which seems contradictory - bullet 4 and bullet 6




Date of notice 10/10

Date of Contravention 3/10, 15:24

This post has been edited by RootieTootie: Tue, 16 Oct 2018 - 19:28
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stamfordman
post Tue, 16 Oct 2018 - 19:32
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It's badly written but they mean that only exempted zone N residents can enter the school street during restriction time, as you've deduced.

Whether it's enough to convince an adjudicator is your call, as i presume you feel misled.

This post has been edited by stamfordman: Tue, 16 Oct 2018 - 19:33
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RootieTootie
post Tue, 16 Oct 2018 - 19:54
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Yes, being a Zone N resident with a Zone N parking permit and registered vehicle. Bullet 4 suggests that all Zone N residents are automatically exempt. The fact that this is the only exit from all the linking roads I would have thought this made perfect sense... But of course not!

This post has been edited by RootieTootie: Tue, 16 Oct 2018 - 19:55
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stamfordman
post Tue, 16 Oct 2018 - 20:22
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I write and edit for living and if I had the power I would make it compulsory for all council communications to pass both a plain English and a structured communications test of some sort.

In this case the dual use of the word 'zone' is the problem - although they refer to the scheme as a zone earlier, in bullet 4 we have two zones in play. This should at least have had the words 'school streets' in front of the first mention.

This post has been edited by stamfordman: Tue, 16 Oct 2018 - 20:22
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RootieTootie
post Tue, 16 Oct 2018 - 22:23
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Yes, I totally agree. From the conversation with the council, it sounds like a few people have been caught out by this.

Given that this might be a difficult point to fight, is there anything else that can be used in respect of the PCN? I've managed to get the other pages uploaded:








This post has been edited by RootieTootie: Tue, 16 Oct 2018 - 22:55
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cp8759
post Wed, 17 Oct 2018 - 17:55
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I think we need to see photos of the signs before we can properly advise on the best way forwards.


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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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RootieTootie
post Sun, 21 Oct 2018 - 16:34
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Here are the signs as I approach from my road and one close up. There are no pre warning signs from on the street before the zone:




This post has been edited by RootieTootie: Sun, 21 Oct 2018 - 16:36
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hcandersen
post Sun, 21 Oct 2018 - 16:58
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Can we pl be clear on what the OP has by way of information and what posters might have obtained.

As I understand it, the OP has a flyer, a PCN and knowledge of the signs.

They do not have info regarding exempted properties and no reason to believe the flyer means anything other than what it says.

Also we don't know whether the OP is exempted by virtue of qualifying under any of the exemptions.

OP, pl confirm:
You do/do not qualify under an exemption;
You believed you were exempt by virtue of the flyer.
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RootieTootie
post Sun, 21 Oct 2018 - 17:43
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Hi,

Yes, the OP believed they were exempt by virtue of the flyer - given the fourth bullet, they did not think the other bullets were relevant.

As a result, it was believe that an automatic exemption had been issued for all Zone N residents.

There was no other information provided to residents prior to the implementation of this restriction.

It has become apparent that all Zone N residents are not exempt - only discovered because the PCN was issued. Only those in the School Street Zone itself are exempt within Zone N. The terminology used to distinct the two zones is what has caused confusion and ambiguity here and misled the OP into thinking they were included in the exemption.

This post has been edited by RootieTootie: Sun, 21 Oct 2018 - 17:47
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RootieTootie
post Sun, 21 Oct 2018 - 18:08
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This is the front of the flyer...



and the back again...

This post has been edited by RootieTootie: Sun, 21 Oct 2018 - 18:09
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cp8759
post Sun, 21 Oct 2018 - 19:16
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Signs look clear to me, the only angle this can be fought on is, IMO, that the flyer is ambiguous / misleading. This will need to be worded very carefully though and there is no guarantee of success.


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No, I am not a lawyer.
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hcandersen
post Sun, 21 Oct 2018 - 21:50
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The OP was told by virtue of the notification issued by a competent authority that they were exempt with no further action required on their part.

I wouldn't bother looking at the signs (to which the notification referred specifically) or trying to second-guess their meaning.

Just make measured reps and point out THEIR error, not yours.
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cp8759
post Mon, 22 Oct 2018 - 08:27
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QUOTE (hcandersen @ Sun, 21 Oct 2018 - 22:50) *
The OP was told by virtue of the notification issued by a competent authority that they were exempt with no further action required on their part.

Sort of, the flyer is ambiguous and could be read either way. We're relying on the adjudicator resolving the ambiguity in the motorist's favour.


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No, I am not a lawyer.
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hcandersen
post Mon, 22 Oct 2018 - 08:52
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The OP's not at adjudication, but they need to play a long game with this in mind.

Make reps.

On *** I received the enclosed notice from the council ( enclose the notice).

You will see that at points 3 and 4 it states that access for residents would be maintained and that holders of a Zone N permit would be exempt and automatically registered.

I hold a Zone N permit ( see copy enclosed) and was therefore surprised to receive a PCN for entering the area. I can only think that somehow my details were not registered by the council in time and would hope that this has already been rectified otherwise more PCNs could possibly be on their way to me. This is the only vehicle for which I hold a permit and there are no other vehicles in the household.

I look forward to your confirmation that this PCN has been cancelled.


(only include the reference to other vehicles in your household if true otherwise leave the point. I have used their language 'other vehicles' but omitted the quote marks as I think you need to approach this point obliquely)

Wait for other comments.
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cp8759
post Mon, 22 Oct 2018 - 11:41
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I agree with hcandersen's draft, it's spot on.


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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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