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PCN - 52J A243 Hook Road, Chessington. Royal Borough of Kingston
Spicy21
post Sun, 20 Oct 2019 - 21:38
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I recently received a PCN from Royal Borough of Kingston Upon Thames (RBK) which alleges: Code 52 Failing to comply with a sign indicating a prohibition on certain types of vehicles.

Location is A243 Hook Road, Chessington. The road in question links Hook Road and Bridge Road, Chessington (KT9). I approached from Hook Road (which has a pair of 'motor vehicles prohibited' signs) and I believe you are only supposed to enter via Bridge Road.

I'd like to be sure the PCN has been served correctly and that any signage is correct. I don't recall seeing any signage about camera enforcement along the Hook Road - does there need to be signage to this effect?

Also, I note from Street View history that the 'signage previously included 'except for access', however this was removed at some point between Jul 2015 and Jul 2016 (see links below). Should Council have updated their Traffic Management Order to reflect this?

Here's a page containing RBK's 'made' traffic orders:
https://drive.google.com/drive/folders/0B28...UU45OGtwVGdiNDg
(linked to from: https://www.kingston.gov.uk/info/200195/par...ement_orders/2)

I can't find mention of Hook Road from here. Should I request this from the Council?

The date of notice on the PCN is 17/10/2019 and the alleged offence took place on 13/09/2019. The delay (I believe) is due to the car being leased and the leasing company being the Registered Keeper.

Location on Google Maps:
https://www.google.co.uk/maps/place/51°21&...33;4d-0.3077997

Street View (current - May 2019):
https://goo.gl/maps/56nJt3uVqgGEFSJG7

Street View (Jul 2015):
https://goo.gl/maps/NBXnZDYYELosdfYFA

Street View (Jul 2016):
https://goo.gl/maps/MSpSwD1CLE6egECq7

Scanned PCN pages:
https://www.dropbox.com/sh/waoqwxipt670r6w/...fKdNuVZQfa?dl=0
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post Sun, 20 Oct 2019 - 21:38
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Incandescent
post Sun, 20 Oct 2019 - 23:24
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No signs are needed announcing "camera enforcement".

I think you will struggle with this one unless you can find fatal errors in the PCN, or the TRO establishing the restriction. It is clear from the map it is to prevent this being used as a rat-run to avoid the roundabout queue if you want to go along Bridge Road. Residents no doubt enter it via Bridge Road.
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cp8759
post Mon, 21 Oct 2019 - 10:40
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This is the TRO https://drive.google.com/file/d/1W-2AE_eN-o...Wtt05UVBUU/view

There is no "except for access" provision in the TRO, so the sign matches the current order. You were presumably not using the road for access anyway so this would not help in any event. The only way for you to fight this would be to ask for discretion, and hope that they mess up the inevitable rejection letter. RBKC notices of rejection have a known flaw, i.e. they do not advise you the tribunal's power to accept an out-of-time appeal, but not all adjudicators accept this point and frankly on its own its quite weak. I would personally not risk the discount on that alone.

The camera warning sign is an odd idea, if you think about it it would have the effect of telling people that if there's no camera warning signs, the rules of the road are optional. In reality the law expects you to follow all of the rules all of the time.


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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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Spicy21
post Mon, 21 Oct 2019 - 11:42
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Thanks both for your input. Much appreciated.

I was actually using the access road to park briefly (not as a shortcut) as I was visiting someone on the Hook Road which is a red route. Either way, it doesn’t look like I have much in the way of a case so I’ll cough up and just chalk it down to experience.

QUOTE (cp8759 @ Mon, 21 Oct 2019 - 11:40) *
RBKC notices of rejection have a known flaw, i.e. they do not advise you the tribunal's power to accept an out-of-time appeal, but not all adjudicators accept this point and frankly on its own its quite weak.

Out of interest, is that Kingston (RBK) or Kensington and Chelsea (RBKC)?
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Incandescent
post Mon, 21 Oct 2019 - 11:51
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Here's the other end of that short street. No signs at all regarding access, so I suspect the locals all know they must enter off Bridge Road.

https://www.google.co.uk/maps/@51.3631682,-...6384!8i8192

BTW, regarding PCN flaws, Chessington is in Kingston-on-Thames council area.

This post has been edited by Incandescent: Mon, 21 Oct 2019 - 11:54
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cp8759
post Mon, 21 Oct 2019 - 17:49
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QUOTE (Incandescent @ Mon, 21 Oct 2019 - 12:51) *
BTW, regarding PCN flaws, Chessington is in Kingston-on-Thames council area.

Quite, which brings the known Charge Certificate date flaw into play. Spicy21, if you fancy a technical appeal try and get your head round Robert Atlas v London Borough of Barnet (2170053479, 24 April 2017) http://bit.ly/2KCRlnX the wording on Royal Borough of Kingston upon Thames PCNs is slightly different but the issue is the same.


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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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