PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

Salter's Hill PCN (Failing to give way...)
goose312
post Mon, 16 Sep 2019 - 12:31
Post #1


Member


Group: Members
Posts: 18
Joined: 16 Sep 2019
Member No.: 105,760



Hi there,

I received a letter (attached) from Lambeth Parking the other day for a PCN - 37j Failing to give way to oncoming vehicles.

I have to say, I was very shocked to receive this for several reasons... I have driven down this route for many years now and being aware of the give way, I never knew it was a (chargeable) offence for failing to comply nor did I know there was a camera even in place. Having looked at the road view on Google Maps, I can see a small sign showing a camera enforcement, also that the 'Give Way' sign only comes into view literally at the point of giving way.

I would be grateful for any advice on whether I have grounds for an appeal. The photo on the letter is a bit pixelated and makes it look far worse than I thought (before viewing the video). From my perspective, I moved off before the oncoming vehicle was even on the road (at which point does give way come into play?) and there was more than enough space to not disrupt the cyclist (I'm not too sure what the priority is when applied to them).

Any help would be most appreciated, thanks.


https://drive.google.com/file/d/101Je20p0Y-...ew?usp=drivesdk (video)

This post has been edited by goose312: Mon, 16 Sep 2019 - 12:33
Attached File(s)
Attached File  Report_004754.pdf ( 495.19K ) Number of downloads: 209
 
Go to the top of the page
 
+Quote Post
3 Pages V  < 1 2 3  
Start new topic
Replies (40 - 48)
Advertisement
post Mon, 16 Sep 2019 - 12:31
Post #


Advertise here!









Go to the top of the page
 
Quote Post
cp8759
post Mon, 28 Oct 2019 - 14:36
Post #41


Member


Group: Members
Posts: 38,006
Joined: 3 Dec 2010
Member No.: 42,618



QUOTE (Mr Meldrew @ Mon, 28 Oct 2019 - 13:15) *
QUOTE (cp8759 @ Mon, 28 Oct 2019 - 12:20) *
QUOTE (Mr Meldrew @ Sun, 27 Oct 2019 - 21:28) *
Having had time to read your new draft fully, why have you omitted all references to requirement 7© conveyed to traffic by the give way lines located in advance of where the carriageway narrows (that no vehicle may proceed past those lines in a manner or at a time likely to etc)?

I couldn't find that exact reference within the regulations but then maybe I didn't look hard enough. Where exactly would I find it?

CP, in every London Tribunals case re Salters/'s Hill where the adjudicator has referred to the underlying law (quite often—I have read them all!) he or she has referred to this: http://www.legislation.gov.uk/uksi/2016/36...aragraph/7/made

Thanks, I've added this to the draft.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
Go to the top of the page
 
+Quote Post
goose312
post Mon, 28 Oct 2019 - 23:07
Post #42


Member


Group: Members
Posts: 18
Joined: 16 Sep 2019
Member No.: 105,760



Sorry for getting back to you so late. Have read through all the responses and drafts and all I can say is... Wow. Thank you all so much for your time and effort. Regardless of the result of the appeal, I really cannot express my gratitude enough as to how helpful you have all been. It really means a lot and I am forever thankful.
Go to the top of the page
 
+Quote Post
cp8759
post Tue, 29 Oct 2019 - 10:38
Post #43


Member


Group: Members
Posts: 38,006
Joined: 3 Dec 2010
Member No.: 42,618



Well one thing at a time, once you register the appeal, the council has 7 days to upload copies of

1) The PCN
2) Your representations
3) The Notice of Rejection

If the council doesn't do this, let us know. If the council uploads any additional evidence, let us know and show us.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
Go to the top of the page
 
+Quote Post
goose312
post Fri, 5 Feb 2021 - 12:41
Post #44


Member


Group: Members
Posts: 18
Joined: 16 Sep 2019
Member No.: 105,760



This is long overdue and apologies for not doing this sooner, but I just wanted to say a big thanks to everyone who helped me with my appeal, which ended up being successful. Hopefully it will provide useful for anyone else who experiences or appeals the same contravention. I am very careful driving through this route now and warn others I know who take it but still get annoyed when I see the van set up with a camera and person taking recordings to catch people out, as I pass though.
Go to the top of the page
 
+Quote Post
DancingDad
post Fri, 5 Feb 2021 - 13:03
Post #45


Member


Group: Members
Posts: 25,726
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559



Well done.
Got the appeal number by any chance, we like to see what adjudicators say?
Go to the top of the page
 
+Quote Post
cp8759
post Sat, 6 Feb 2021 - 10:58
Post #46


Member


Group: Members
Posts: 38,006
Joined: 3 Dec 2010
Member No.: 42,618



Looks like 219046467A which was a DNC.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
Go to the top of the page
 
+Quote Post
goose312
post Mon, 8 Feb 2021 - 14:38
Post #47


Member


Group: Members
Posts: 18
Joined: 16 Sep 2019
Member No.: 105,760



QUOTE (DancingDad @ Fri, 5 Feb 2021 - 13:03) *
Well done.
Got the appeal number by any chance, we like to see what adjudicators say?


I don't have an appeal number but I have attached the response I received from Lambeth Parking Services
Attached File(s)
Attached File  Report_008112.pdf ( 216.11K ) Number of downloads: 72
 
Go to the top of the page
 
+Quote Post
cp8759
post Wed, 10 Feb 2021 - 20:18
Post #48


Member


Group: Members
Posts: 38,006
Joined: 3 Dec 2010
Member No.: 42,618



I'd be minded to write back and say you're not satisfied at all, and the level of service provided is nothing short of awful. They can't seriously think anyone would be "satisfied" with having to go through all this nonsense.

Have you considered applying to the tribunal for a costs order against the council?


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
Go to the top of the page
 
+Quote Post
DancingDad
post Thu, 11 Feb 2021 - 10:55
Post #49


Member


Group: Members
Posts: 25,726
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559



QUOTE (cp8759 @ Wed, 10 Feb 2021 - 20:18) *
I'd be minded to write back and say you're not satisfied at all, and the level of service provided is nothing short of awful. They can't seriously think anyone would be "satisfied" with having to go through all this nonsense.

Have you considered applying to the tribunal for a costs order against the council?

Fully agree with the complaint route.
Less so with asking for a costs order.

In an ideal world, the adjudication service should take a dim view of this sort of unjustified PCN and blind enforcement, consideration seemingly being simply "we got you on camera so pay up"
And I am firmly convinced that any council that DNCs should be taken to task, a large portion seem to be based on someone at long last actually looking at the PCN and cirumstances and saying "whooops, cancel it".
But we don't live in an ideal world, the adjudicator is likely to say that the high bar hasn't been met so will refuse and that will also close any sort of compensation from the council.
Go to the top of the page
 
+Quote Post

3 Pages V  < 1 2 3
Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 28th March 2024 - 12:50
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here