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32D Failing to drive in the direction shown by the arrow on a blue sign proceeding in the wrong direction (Camera Enforcement)
obwan1212
post Mon, 3 Dec 2018 - 14:41
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Dear all,

Any help would be greatly appreciated. I’ve had another PCN. I’m considering giving up driving..!

32D Failing to drive in the direction shown by the arrow on a blue sign proceeding in the wrong direction (Camera Enforcement)

Original PCN here: Attached File  PCN_small_redacted.pdf ( 198.04K ) Number of downloads: 422

My informal representation at the end of this post
Notice of Rejection here: Attached File  NOR_small_Redacted.pdf ( 100.89K ) Number of downloads: 283


Photos and Video
There is a video and four photos, which I will try and upload, but can't from work.
The video has a time stamp on it starting at 29 Sep 2018, 08:58:16 and runs for 17 seconds, but the PCN Date of alleged Contravention is 29 Sep 18 08:57. If the alleged contravention on the PCN was at 08:57, the video, can’t show the alleged contravention. EDIT: Is this grounds for it to be cancelled?

The video also doesn’t identify either road mentioned, nor show the arrow "on a blue sign" mentioned in the contravention, so doesn’t show the alleged contravention.
The photos don’t identify either road mentioned, nor show the alleged contravention actually occurring.

My Representation
I made five points in my representation below.
The NOR notes points 1, 2, 4 and five but seems to ignore them. The NOR doesn't mention point 3 at all. Point four, the video shows clearly that the two straight on white arrows on the road are covered by stationary traffic. The NOR mentions that I have raised this point, but then ignores it. The NOR acknowledges point 2, but then disagrees that this impairs my view.


My Representation:
Your challenge of the Penalty Charge Notice has been made with the following information:
Registered Keeper:
Penalty Charge Notice number (PCN):
Email Address:
Grounds of Appeal: (OTHER) Other
Summary of Reasons for Challenge: Dear Sir / Madame,

I’m really very sorry, I had no idea that you weren’t supposed to turn right into Norroy Road and I was hoping that you might consider cancelling the PCN due to the circumstances explained below.

I actively avoid driving along Putney High Street if possible specifically because it is quite difficult to navigate on and off, and often very busy, but had just dropped my wife off to get her hair cut.

Unfortunately for me it was a bit of a ‘perfect storm’ of external conditions meaning I didn’t realise I couldn’t turn right.

Firstly, there is no ‘no right turn sign’ even though there are several along Putney High Street, and one specifically at the other end of the high street, at the traffic lights in a very similar set up: https://www.google.co.uk/maps/@51.4645659,-...6384!8i8192.

Secondly from the video you can see that most of the left hand lane was blocked by a large SUV with a large roof storage rack on top. This meant I couldn't see any signs on the left side of the road at all either, as they were blocked.

Thirdly, there are also no signs on the right side of the double lane before the turn into Norroy Street at all, so nothing until you’d made the turn.

Fourthly, I have now spotted that on Google Street View there are big white arrows on the road pointing ahead but as you can see on the video unfortunately again, these are covered by stationary traffic, so not visible to me either.

Finally, as I was looking to turn right, on looking right there are no ‘no entry’ signs into Norroy Road but there are two clear blue one way street signs pointing ahead at the start of Norroy Road that can be easily seen which indicate that you definitely can drive down Norroy Road, but nothing there to indicate I couldn’t.

As I say, several reasons that made it very difficult to know that I couldn’t turn right. A cancellation would be hugely appreciated, and won’t be something I’ll be doing again.

Kind regards,

All correspondence received about a Penalty Charge Notice (PCN) is dealt with in chronological order.

Depending on the stage of the PCN, your enquiry will be now be placed on hold and passed to the appropriate parking team and an officer will reply to you as soon as possible. We aim to respond usually within 14-21 days of receipt for enquiries received in response to a Penalty Charge Notice (PCN), which has been served to your vehicle windscreen.

Please be advised that if you have not received a reply from the Council within this time we have upto 56 days to reply to a formal challenge.

For details of the parking appeals process please refer to our www.wandsworth.gov.uk/parking website.

You may additionally find further useful information on the Parking and Traffic Appeal Service website at www.parkingandtrafficappeals.gov.uk/

Please do not reply to this acknowledgement. If you have any further questions please call our Parking Helpline on (020) 8871 8871 Mon-Fri 9am to 5pm.

If your enquiry is received within the discounted period that is stated on the PCN, then please be assured that we will re-offer you the opportunity to pay the Notice at the 50% reduced rate in the event that the charge is upheld.
IMPORTANT:Confidentiality: This email and its attachments are intended for the above named only and may be confidential. If they have come to you in error you must take no action based on them, nor must you copy or show them to anyone. Please reply to this email and highlight the error. Please visit the Council's website at: www.wandsworth.gov.uk



This post has been edited by obwan1212: Mon, 3 Dec 2018 - 16:40
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post Mon, 3 Dec 2018 - 14:41
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PASTMYBEST
post Mon, 21 Jan 2019 - 13:55
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QUOTE (obwan1212 @ Mon, 21 Jan 2019 - 13:28) *
Thank you. It doesn't specifically mention a time or date in that bit,and that is what the adjudicator as after. Please could you elaborate? I'm back in at 2pm

Is not as.

And secondly, post 28 above, schedule 1 5(2)(a) is from where, is this the London Local Auth. And transport for London act 2003?

I'm still not able to argue the above clearly.


To argue the point re schedule 1 5(2)(a) yes it is the London local authorities act 2003 The council have given you a date by which if you have not paid or made representations they may serve a CC. this is 28 days beginning with the date of notice of the PCN


PCN date 4/10/2018 +28 days = 31/10/1018


The regulation schedule 1 5(2)(a) allows that they may only serve the PCN 28 days beginning with the date of service of the PCN


PCN 4/10/2018 + 28 days beginning with date of service The 4/10/ was a Friday so the date of service being 2 working days was the Tuesday the 8/10/2018 + 28 days = 4/11/2018


This effectively reduces the period by which you may make representations by 4 days.


The adjudicator might argue that it doesn't matter because it says later in the PCN that the council may disregard representations recieved 38 days after the date of service.


COUNTER THIS BY MAKING THE POINT THAT THE DATE OF SERVICE IS NOT SPECIFIED NOR DOES IT TELL YOU, YOU MAY MAKE REPRESENTATIONS UP TO THAT DATE ONLY THAT THEY MAY DISREGARD THEM


AS REGARDS THE DATE AND TIME. REFER TO THE CASE I INCLUDED ITN YOUR APPEAL


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cp8759
post Mon, 21 Jan 2019 - 13:55
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Amir Samiri v City of Westminster (case reference 2140254631) is also a good case on the time of contravention point

This post has been edited by cp8759: Mon, 21 Jan 2019 - 13:56


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PASTMYBEST
post Mon, 21 Jan 2019 - 13:57
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also 2140214193


This PCN was issued for the alleged contravention of entering and stopping in a box junction when prohibited at 20:03:02 on 18 February 2014.



I have reviewed the CCTV footage and this shows that Mr Ahmed's vehicle was not in the box junction at 20:03:02. His vehicle did not enter the box and stop until 20:03:21. It follows that the alleged contravention did not occur.



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cp8759
post Mon, 21 Jan 2019 - 14:00
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To re-cap, these are the cases you can use to support the time on PCN issue:

Israr Ahmed v London Borough of Brent (case reference 2140214193)
Iltaf Khan v London Borough of Hammersmith and Fulham (case reference 2140201293)
Amir Samiri v City of Westminster (case reference 2140254631)
Rahim Gul Shenwari v London Borough of Barking and Dagenham (case reference 2170250775)


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PASTMYBEST
post Tue, 22 Jan 2019 - 11:24
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2180491337

The Appellant has attended his appeal.
The Authority's case is that the Appellant's vehicle failed to drive in the direction shown by the arrow on a blue sign when in Putney High Street on 29 September 2018 at 08.57.
The Appellant has advanced a number of points in relation to the timing on the Penalty Charge Notice and the information contained therein. He also argues that the signage is not proved and other matters in relation to the paperwork and camera officer's statement etc.
I have considered the evidence and I find that this Penalty Charge Notice cannot be upheld for the following reasons:
First, I have been unable to reconcile the CCTV footage and the library photographs produced by the Authority.
Second, I note that the library photographs are neither dated nor provided with anything to identify their location.
Third, I am not satisfied that the Authority has proved the signage at this location.
Fourth, whilst not appeal points in themselves I find the Authority's case to have been presented with a number of errors (see below).
Fifth, the time of the contravention is not correctly recorded, the camera officer's statement also records the time incorrectly, an out of date Traffic Management Order has been produced, and there are also included in the case papers another motorists case papers providing his private details.
Taking these matters together I find that this Penalty Charge Notice is not proved.
The appeal is allowed.

this case shows the value of rebutting the councils sase


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cp8759
post Tue, 22 Jan 2019 - 12:25
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Well that's one damning decision.

obwan1212, given your resounding your victory, I think you could make an application for costs. If you would like to do so, let us know and we'll draft something for you. I think the standard £76 award might be warranted in the circumstances.

You may also want to consider making a GDPR request to get them to confirm if your details have been sent to the other motorist. If they have, you may be entitled to compensation under article 82 of GDPR. As I understand it the standard amount that is awarded for data mis-handling is £750 but in your case the data might have only been sent to one person so a lower award may be appropriate. Still, the council aren't going to want to get sued so an appropriately worded letter might result in a prompt settlement offer with little or no fuss.


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obwan1212
post Wed, 23 Jan 2019 - 21:21
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Thank you PMB and cp8759 especially, and all of you who commented, very much appreciate all the hours of help that you put in.

Thank you also for the offer of drafting an application letter, I will give it some thought. Thanks again.



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