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50R Contravention Main road Romford
JD B
post Fri, 6 Apr 2018 - 09:51
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Hi,

I received a PCN for 50R Contravention on Main Road Romford. I am not sure if I saw any signage of no right turn as there could have been a van or a bus in front of me. The images also do not show any signage neither does the CCTV footage. It only shows my car turning right and contravention. Do I have any grounds to appeal? I have attached an image.

Many Thanks

This post has been edited by JD B: Fri, 6 Apr 2018 - 10:12
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post Fri, 6 Apr 2018 - 09:51
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JD B
post Sun, 15 Jul 2018 - 17:41
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Thanks and you also mentioned to take a screenshot of the street view- when I click on it shows a van and a sign , is that one I need to attach?
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PASTMYBEST
post Sun, 15 Jul 2018 - 18:42
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QUOTE (JD B @ Sun, 15 Jul 2018 - 18:41) *
Thanks and you also mentioned to take a screenshot of the street view- when I click on it shows a van and a sign , is that one I need to attach?


Yes it shows that the signs can very easily be obscured in the layout it is in. Let an adjudicator infer from it what they will
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JD B
post Sun, 15 Jul 2018 - 22:29
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QUOTE (PASTMYBEST @ Sun, 15 Jul 2018 - 17:32) *
QUOTE (JD B @ Sun, 15 Jul 2018 - 16:57) *
Thank you so much. Will submit this and let you know the outcome. I think you have covered but do I need to specify that on the notice of rejection they mentioned 14 days for discounted and in the same letter they mentioned 21 days for the discounted charge, which is misleading and confusing.

Thanks


no in the NoR they are not obliged to re offer the discount so if they do they can offer what ever period they want


Thanks. Apparently the council have submitted a case summary (please see attached) wherein they have stated that all PCN templates have been amended to reflect the correct 14 day discount period mid april onwards (pan was served 4th april). Does this also need to be included in the appeal that EA have accepted that the template had incorrect discount period? They have also posted images of 4 signs displaying no right turn. On the PCN they never showed any traffic / vehicle that could be ahead of me.

Thanks again for the help.

This post has been edited by JD B: Sun, 15 Jul 2018 - 22:31
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JD B
post Tue, 24 Jul 2018 - 08:49
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Hi,

Received a notification that the appeal was allowed. The appeal was allowed based on 14 vs 21 days. Havering have now apparently amended their template to allow 14 days as I believe they have lost plenty on those grounds. They mentioned in their evidence summary.

Please see details from the Adjudicator. Thank you for everyone to help.

Case Reference: 2180246876

Adjudicator's Decision

The adjudicator, having considered the evidence submitted by the parties, has allowed the appeal.

The reasons for the adjudicator's decision are enclosed.

The adjudicator directs London Borough of Havering to cancel the Penalty Charge Notice.


If any penalty or fees have already been paid, the Enforcement Authority must now issue a refund without delay. Enquiries regarding payment of the refund should be made to the Enforcement Authority.

Adjudicator's Reasons

The Appellant advances his appeal on the validity of the Penalty Charge Notice (PCN), which has inflated the time for payment of the reduced amount from 14 to 21 days and has added time for service for both the payment timescales.

I have read the decision of Adjudicator Mr J Walsh case number 2180111742 and I agree with its reasoning, and I find that this PCN was not sufficiently compliant with the relevant statute and accordingly invalid.

The appeal is allowed.


Carl Teper
Adjudicator
23rd July 2018
2180246876
HG4555638A
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