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Council PCN 53J
Rostafa
post Thu, 16 May 2019 - 13:50
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Hi all
This is the first time I have requested help with such a matter, I have always just paid PCNs, but felt the need to contest this one!
I was not aware of the issue until receiving the PCN - in my opinion there is inadequate signage - by the time you've made the turn, even if you see the sign, you have committed the offence. By all accounts this is a recent addition to the road - 53J - 'Failing to comply with a restriction on vehicles entering a pedestrian zone.'
Legally, I could well be wrong, but would like to ask whether anyone can see a reason for me to go to appeal.
Please see attachments... I was driving east on Tollington Park and turned left onto Sussex Way, N7. To my knowledge the first signs showing the restrictions are at the entrance to Sussex Way, set back from the junction (I could visit to check this and take photos if anyone feels this would help?)
I would expect some warning to prevent making the turning e.g. a road approaching the junction of a no entry sign will have a one way sign to warn you not to make the turn.
https://www.thegazette.co.uk/notice/3226846
I would be very grateful for any thoughts and suggestions.
Many thanks
Ross
Attached File(s)
Attached File  PCN_and_Rejection.pdf ( 912.77K ) Number of downloads: 135
 
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post Thu, 16 May 2019 - 13:50
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Rostafa
post Mon, 27 Jan 2020 - 15:48
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Hi

Sorry for the delayed response, life has got in the way!

Yes, I did get off.

If you wish to view on london tribunals, the case ref was 2190213228

This vehicle on the council's case failed to comply with a restriction on vehicles entering a pedestrian zone. I have noted the appellant's submissions as to signage and in regard to the compliance of the PCN. I am not persuaded as to the points he makes as to signage my finding on the evidence before me that it is clear and correct but the position is different in regard to the PCN compliance issue. For the reason given by Mr Greenslade in allowing an appeal listed before him for review on 24-04-17 under case reference 2170053479, the appellant relying upon that decision a copy of which is before me, this PCN is not I find fully compliant with the legal requirements and the appeal must therefore on that ground be allowed.

Once again, thanks for all your help.

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Incandescent
post Mon, 27 Jan 2020 - 21:34
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QUOTE (Thomask @ Wed, 11 Dec 2019 - 15:39) *
Just been notified of the same fine today - did you manage to get off this?

Sometimes we never hear back from an OP. What I suggest you do is search the London Tribunals Register of Appeals using the location name as a search argument to see what it comes up with.
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cp8759
post Thu, 30 Jan 2020 - 22:43
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Ross Fowler v London Borough of Islington (2190213228, 27 June 2019) http://bit.ly/2uPVqO8


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Marie75
post Tue, 7 Apr 2020 - 22:46
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Hi There

I received a code 53j in South London. I was reading this thread to see if any of it applied to my case - I only have 1 day to appeal if I want to secure the option of paying at the discounted rate.

I too feel that by the time you see the signs you have already turned into the road (as they are further back from the junction) and, in my opinion, the one-way street sign obscures the sign when turning right into the road as I did. There were no advance warnings prior to turning into the road. The road itself does not look like a pedestrian zone, just looks like a normal residential road with a 20mph markiing on the road.

I can see that the OP did not win on these grounds - are there any requirements for signage positioning, distance from junction etc?

I am not sure whether my PCN complies or not with the 28 day notice requirements.

If anyone would be able to take a look at my PCN and photo and video evidence, and advise, I would be grateful.
Code 53j - grounds for appeal?

This post has been edited by Marie75: Tue, 7 Apr 2020 - 22:54
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Incandescent
post Wed, 8 Apr 2020 - 07:58
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Please start your own thread.

However, it is extremely unlikely Islington will give way, so you'd need to take the matter to London Tribunals and present the same arguments. So it would be a gamble. If you're up for it, proceed.

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Marie75
post Wed, 8 Apr 2020 - 12:20
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QUOTE (Incandescent @ Wed, 8 Apr 2020 - 08:58) *
Please start your own thread.

However, it is extremely unlikely Islington will give way, so you'd need to take the matter to London Tribunals and present the same arguments. So it would be a gamble. If you're up for it, proceed.


Hi,

Thanks for you reply.

I started my own thread (Link to My Thread) prior to posting on this one but I did not receive any advice and as I only have today to make reps to the council I thought I'd try to get some help on here.

I cannot tell whether my PCN is flawed and/or if there are any other grounds on which I could appeal.

I don't fully understand the issue re wording of the PCN in relation to date of service/notice so can't tell whether it applies to my PCN (from Merton council) - if anyone would be willing to take a look and advise, I'd be grateful.
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Incandescent
post Wed, 8 Apr 2020 - 13:02
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As far as I know, the Merton PCNs are compliant. If the only appeal argument is technical, you are on a definite gamble at adjudication, and the signs appear to be in good condition. Essentially it is all about when they can refuse to consider reps and when a Charge Certificate can be served. In both instances the PCN appears correct, (from date of service).
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