38JL Failing to comply with sign indicating that vehicular traffic must pass to the specified side of the sign (must pass to the left) |
38JL Failing to comply with sign indicating that vehicular traffic must pass to the specified side of the sign (must pass to the left) |
Thu, 5 Apr 2018 - 18:31
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#1
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Member Group: Members Posts: 29 Joined: 5 Apr 2018 Member No.: 97,388 |
The wrong side of the road that I wanted to turn into was blocked with cones and no signs of road works or traffic diversion.
Please can someone tell if the number of days between the contravention date 10/1/18 and the date of notice 17/3/18, which is more than 65 days, invalidate the PCN or not? I have uploaded the PCN below: |
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Fri, 17 Aug 2018 - 21:59
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#41
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Member Group: Members Posts: 29 Joined: 5 Apr 2018 Member No.: 97,388 |
Adjudicators use that all the time for parking PCNs, as you say, those are the The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007. Your case falls under the London Local Authorities and Transport for London Act 2003 which is the legislation that covers moving traffic contraventions, there is no such thing as a procedural impropriety under this legislation. But we are dealing with the NoR, rather than the PCN, and that falls under the Representations and Appeals Regulations. Correct? |
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Fri, 17 Aug 2018 - 21:59
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Fri, 17 Aug 2018 - 23:51
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#42
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Adjudicators use that all the time for parking PCNs, as you say, those are the The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007. Your case falls under the London Local Authorities and Transport for London Act 2003 which is the legislation that covers moving traffic contraventions, there is no such thing as a procedural impropriety under this legislation. But we are dealing with the NoR, rather than the PCN, and that falls under the Representations and Appeals Regulations. Correct? No, The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 are only relevant to PCNs issued under the Traffic Management Act 2004. Representations and appeals for PCNs issue under the London Local Authorities and Transport for London Act 2003 are dealt with under schedule 1 of that Act, have a read of this: http://www.legislation.gov.uk/ukla/2003/3/schedule/1/enacted -------------------- 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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