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Failed Bank Junction 52M PCN appeal
SW1London
post Tue, 3 Dec 2019 - 14:12
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Member No.: 106,854



I sent the following email on Saturday 30th Nov. in support of my PCN at Bank Junction (Cornhill)



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



Today 2nd Dec. I got the an email of rejection

NOTICE OF REJECTION

Thank you for your communication in relation to the above PCN. It would interest you to know that the PCN was issued, in accordance with the London Local Authorities and Transport for London Act 2003, as your vehicle was observed by CCTV camera and The City of London Corporation had reasonable cause to believe that it was committing the contravention of failing to comply with a sign indicating a prohibition on certain types of vehicle.
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. It is because the above vehicle has been seen to have passed through Bank Junction during the restricted time.



Vehicles are being rerouted via advance warnings and signage on the approach streets leading to the junction. This is mainly a safety scheme which is needed to modify the area called ‘Bank Junction’ in order to make the wider area more successful by focusing on restricting the number of vehicles that cross Bank Junction during the working day to significantly reduce overcrowding, the number of collisions and improve road user travel experience.
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.

You can view the footage on our website www.cityoflondon.gov.uk/pcn. You will need to enter the vehicle registration (XXXXXXX) and PCN (CLXXXXXXXX) numbers into the search screen. You should then select the “View Evidence” button from the “Additional Details” section of the page.
The vehicle was observed at 10:59 on 14/11/2019 by CCTV contravening the regulations in CORNHILL. The sign on the Cornhill approach is located at the intersection of Leadenhall Street/ Gracehurch Street and Cornhill.
While I note your comments, I am satisfied that the signs are clear and compliant with the TSRGD 2016. The London Tribunal records are replete with a number of cases where the Adjudicator has ruled that, driver should locate and obey signs as they are seen Therefore, having carefully considered the reasons for your challenge and the evidence before me, I am not prepared to cancel the PCN on this occasion.



The penalty level was held while your comments were considered. On this occasion only, the charge will be kept at the discount rate of £65.00 for a period of 21 days, beginning with the date of service of this Notice of Rejection. If you wish to take advantage of this discount, and do not wish to appeal to the Environment and Traffic Adjudicators, you must pay within the 21 day period as it will not be extended, even if you write to us again. After this period has expired the value of the charge will be £130.00.
Before the end of the period of 28 days beginning with the date of service of this Notice of Rejection, you must EITHER;
 Pay the penalty charge, OR
 Appeal to the Environment and Traffic Adjudicators
If neither of the above are followed, the penalty charge will increase by 50% and a Charge Certificate may be served on you seeking payment of the increased charge of £195.00 (less any amounts paid).
Payment can be made by the following methods:
 Online via www.cityoflondon.gov.uk/pcn.
 By telephone via 0330 088 3724 (calls are charged at your local rate).
(MasterCard, Visa or Delta card holders may pay their PCNs securely using the above services which are available 24 hours a day, 365 days a year. Have your card, PCN and vehicle registration numbers ready.)
 By post to: City of London, PO Box 243, Sheffield S98 1PX. Cheques or postal orders should be made payable to the “CHAMBERLAIN OF LONDON” and you must write the PCN number and vehicle registration number on the reverse of the cheque or postal order. All communication must be properly stamped and please allow sufficient time to ensure that payment is received by the due date.
However, if you still wish to dispute the issue of the PCN you may appeal on-line at the following address www.londontribunals.gov.uk. Please ensure that you quote the unique appeal Verification Codexxxxxx and follow the on-line instructions on how to complete your appeal.
Alternatively you can complete the Notice of Appeal form enclosed with this letter (please read the
guidance notes before completing the form) and send your appeal to London Tribunals, the Environment and Traffic Adjudicators, PO Box 10598, Nottingham NG6 6DR OR appeal online at www.LondonTribunals.gov.uk.
Please do not send your appeal to us. If you wish to make any enquiries about your appeal, please visit the London Tribunals website at www.londontribunals.gov.uk or call 020 7520 7200.
The adjudication service is completely independent of the City of London. You should also be aware that, in certain circumstances, an application for costs can be made by either party as explained on the enclosed appeal form.
Yours sincerely
S Chuku
For Parking Ticket Office
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post Tue, 3 Dec 2019 - 14:12
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SW1London
post Thu, 19 Dec 2019 - 21:19
Post #21


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After a couple of phone conversations with the CoL helpline requesting some additional information it felt like I was banging my head against a wall. They just kept on repeating themselves saying I had everything I needed and that only the adjudicator can request additional information so I decided to send them an email with my requests. Below is the email I sent

Following my conversation on Friday 6 December 2019, when I was told that all conversations to your agency are recorded, I am requesting a copy of my conversation that I had with a female member of your staff on Wednesday 27 November 2019 at approximately 2pm.

Also, could you please provide me with the road traffic orders and restrictions that were in place regarding access to the Bank as a result of the diversion that was active while Cannon Street was closed on the date the PCN was issued, 14 November 2019.

I need this additional information as it may help my case if I proceed to the adjudicator.

I entered Cornhill from Queen Victoria Street and dropped my passenger opposite No.1 Cornhill. I then executed a U-turn and exited Cornhill. In your letter of rejection you state that the restriction signs were placed at the junction of Leadenhall Street/Gracechurch Street and Cornhill, I did not come from that direction and therefore did not pass those restrictions signs. There were no signs informing me of restrictions at the Bank Junction end of Cornhill.

Additionally, can you please inform me of the number of first time offenders of Contravention Code 52M that have had their PCN rescinded as a gesture of goodwill.
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SW1London
post Thu, 19 Dec 2019 - 21:45
Post #22


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Posts: 17
Joined: 29 Nov 2019
Member No.: 106,854



This is the reply I received today

Dear Mr xxxx


I have been passed your follow-on communication in relation to the above PCN. I note your comments about an earlier telephone call to this office and acknowledge that some conflicting information may have been passed to you during the conversation.
In addition, if you require further information other than what has been supplied below, you may need to request same using the Freedom of Information or Data Protection Act, as applicable.
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.

I can confirm following a review of the notice that your vehicle was seen travelling within the prohibition zone, yet you state that you vehicle had accessed the location where it was photographed through another route. You have also requested a copy of the Traffic Order; this is not usually supplied except when a matter is subject to an adjudication hearing. However, please find a selection of maps and information regarding the scheme including loading areas, vehicle length and access routes to each of the approach arms can be found at www.cityoflondon.gov.uk/bankonsafety; one of which is supplied below:
An instance of the sign is:
Blue signs are displayed at the beginning of the restrictions and there are also warning signs prior to reaching the junction.
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.
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PASTMYBEST
post Thu, 19 Dec 2019 - 21:48
Post #23


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Posts: 26,655
Joined: 6 Nov 2014
Member No.: 74,048



You are wasting your time with the council now. register your appeal and let us know when it is confirmed . The tribunal will notify the council who will then have 7 days to submit 3 documents, the PCN your representations and the rejection. It's a near certainty they will not and that will give another ground for appeal


--------------------
All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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John U.K.
post Thu, 19 Dec 2019 - 22:10
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QUOTE (PASTMYBEST @ Thu, 19 Dec 2019 - 21:48) *
You are wasting your time with the council now. register your appeal and let us know when it is confirmed . The tribunal will notify the council who will then have 7 days to submit 3 documents, the PCN your representations and the rejection. It's a near certainty they will not and that will give another ground for appeal


???

QUOTE
I can confirm that the case is now closed and you have no further outstanding liability for this particular PCN. (SWLondon)
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PASTMYBEST
post Thu, 19 Dec 2019 - 22:30
Post #25


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Group: Members
Posts: 26,655
Joined: 6 Nov 2014
Member No.: 74,048



QUOTE (John U.K. @ Thu, 19 Dec 2019 - 22:10) *
QUOTE (PASTMYBEST @ Thu, 19 Dec 2019 - 21:48) *
You are wasting your time with the council now. register your appeal and let us know when it is confirmed . The tribunal will notify the council who will then have 7 days to submit 3 documents, the PCN your representations and the rejection. It's a near certainty they will not and that will give another ground for appeal


???

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



That's why we ask for the letter not transcripts I missed that


--------------------
All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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SW1London
post Fri, 20 Dec 2019 - 00:07
Post #26


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Member No.: 106,854



Sorry but I was unable to upload any more pictures or photos I’d used up all my allowance on here
But I appreciate all your work in replying to my messy attempts at cut and paste
Thanks
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