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PCN. Contravention Code 52M. Cornhill. London
evoke
post Tue, 12 Nov 2019 - 13:32
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Hi all. Firstly a massive thanks to all the contributors for all their hard work. Thank you.

From reading the Forum, like many others I've received a PCN from City of London (CoL) for breaching the "rules" at the Bank junction in central London.

I don't dispute the mistake, although I'd take advice on whether or not to admit this. I would just add, you'll see from the images and video, my colleagues and are on motorcycles (three of us), we have livery, which denotes we are volunteer emergency blood bikes. Brief explanation for those unaware; volunteer blood bikers deliver, blood, blood products, samples, baby milk, scans, across London (and the UK) free of charge for the NHS. It is our way of giving something back to the wonderful NHS that many of us have benefited from. Sermon over. (anyone wants to know more - http://www.servssl.org.uk/

I'd obviously like your help to appeal. If we win, I'll donate any money saved back the SERV SSL rather than to the CoL who have more than they need anyway.

I've posted the PCN and a link to the video.

I've read most of the posts, I think. I get the gist of the arguments. It looks like from the latest post the CoL may be fighting back? If they chose too in this case, I am fully and %110 prepared to test any and all arguments you guys have all the way to Tribunal as tests/precedents. I have the time and resource. I just need your intellectual input. if we lose, we lose, I pay. I have to pay if I dont fight!

Look forward to your input. Thank you again.

C

https://pcn.cityoflondon.gov.uk/live-3sc-us...ketDetails.aspx - PCN details

https://pcn.cityoflondon.gov.uk/live-3sc-us...ewEvidence.aspx - Images and video





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post Tue, 12 Nov 2019 - 13:32
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Tank40
post Tue, 12 Nov 2019 - 21:11
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The links don't work for us.
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PASTMYBEST
post Tue, 12 Nov 2019 - 23:54
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They might be fighting back, but not by changing the signs markings or their camera positions to the extent that would be likely to satisfy an adjudicator. at least not for any of the cases we have seen


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evoke
post Wed, 13 Nov 2019 - 08:27
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Okay, thanks. What do I do then? Cut and paste the templates available, changing the relevant details and send off?
Thanks for comments.
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PASTMYBEST
post Wed, 13 Nov 2019 - 12:05
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QUOTE (evoke @ Wed, 13 Nov 2019 - 08:27) *
Okay, thanks. What do I do then? Cut and paste the templates available, changing the relevant details and send off?
Thanks for comments.


We don't do templates, we do sometimes write representations, but not without sight of the evidence PCN and Video

This case outlines a big error that has nt only won at tribunal (as here) but when the reasoning is used in representations the council have cancelled

2180198194

Representations are made by Mr Dogan on the basis that the signage in Lombard Street does not comply with the requirements of the Traffic Signs Regulations and General Directions 2016. The appellant refers to a decision of Adjudicator Edward Houghton appeal 2170469229. In that appeal the Adjudicator initially adjourned the appeal and asked the City of London to explain why the legend Bus Gate was not on the carriageway. The Enforcement Authority did not reply. The appeal was allowed on the basis that the requirement for the legend Bus Gate was mandatory. No application for review was made.
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.
The local authority refers to a decision of Adjudicator John Lane. I am not bound by the decision of any Adjudicator. In this case I follow the decision of Adjudicator Edward Houghton.
The appellant was well aware that the restriction was in operation and to that extent the appeal has little merit. Previous Penalty Charge Notices issued to the appellant had been cancelled.
I am satisfied that the bus gate requirement is mandatory therefore I must allow this appeal.


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evoke
post Wed, 13 Nov 2019 - 13:03
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Thanks ever-so, PastMyBest. The term template was shorthand for gathering all the hard work you guys have done over time and presenting that as an Appeal.

I'll upload the PCN and video later today, properly this time and then hopefully you guys can give me some advice on how to proceed?

Many thanks again for your time

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cp8759
post Wed, 13 Nov 2019 - 19:20
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QUOTE (evoke @ Wed, 13 Nov 2019 - 08:27) *
Okay, thanks. What do I do then? Cut and paste the templates available, changing the relevant details and send off?

Much as I hate templates (people use them out of context without understanding what they say), for Bank Junction this has proven remarkably effective: http://forums.pepipoo.com/index.php?showto...p;#entry1450331

I suspect CoL has a policy of accepting a first challenge for PCNs at this location, at least for now.

This post has been edited by cp8759: Wed, 13 Nov 2019 - 19:20


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evoke
post Thu, 14 Nov 2019 - 18:52
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Thanks for all your comments. Appreciated. Here are the links to
1. PCN
2. Video
3. Still images

Look forward to your comments on how I should proceed.

Many thanks again
C


Video: https://vimeo.com/373204249

PCN: https://i1126.photobucket.com/albums/l607/e...zpso2isgydt.jpg

https://i1126.photobucket.com/albums/l607/e...zps8x5hvjzm.png

https://i1126.photobucket.com/albums/l607/e...zpsgynelzas.png

This post has been edited by evoke: Thu, 14 Nov 2019 - 18:55
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cp8759
post Thu, 14 Nov 2019 - 19:23
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I suggest you try the challenge I've linked in post 7 above and let's see what the corporation says.


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evoke
post Thu, 14 Nov 2019 - 19:30
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Perfect. I'll do that. Shall I copy on here. Happy too.

Ta. C
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cp8759
post Thu, 14 Nov 2019 - 20:03
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If you want, if you're just changing the name of the road to match your PCN there's probably no need.


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evoke
post Tue, 19 Nov 2019 - 11:11
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Update.
Thank you to all those who responded. I recently submitted the appeal below (on-line) based on the helpful, patient advice given by kind people here. Thank you. I'll update accordingly once I receive a response.
C



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.

Additionally, I would ask that you note the liveried vehicles used in connection with this event. You will note the vehicles are volunteer Blood Bikes. As volunteers our activities are unpaid and our expenses are self-funded. We deliver blood, platelets, milk, samples and other vital sometimes life saving suppliers for the NHS.

I note in the legislation the Authority has ultimate discretion to cancel a PCN. If there were a more deserving situation to wisely deploy that discretion, it is hard to see.

Yours sincerely

xx
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evoke
post Thu, 28 Nov 2019 - 11:01
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Results are in.

Thank you again to everyone who responded to my request for help. The City of London have responded below.

We won!! Thank you.

Warm regards. Evoke.



Thank you for your communication in relation to the above PCN.

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. This is because the above vehicle has been seen to have passed through a sign prohibiting certain class of vehicle from accessing Bank Junction during the restricted time(s).

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.

A further selection of maps and information regarding the restriction including loading areas, vehicle length and access routes to each of the approach arms can be found at www.cityoflondon.gov.uk/bankonsafety.

Having given consideration to your case, I have taken the decision to cancel the PCN as a gesture of goodwill and a warning of the restrictions in place.

I would add that this should not be viewed as a precedent for any future cases as we look at each and every case individually upon its merits.

Furthermore, the City expects all drivers to comply with any restrictions that are in place and should you receive a PCN in similar circumstances it may be enforced.

I can confirm that the case is now closed and you have no further outstanding liability for this particular PCN.

Yours faithfully


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