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Can appeal 50L 'no left turn' because of major road closures?
Bittles
post Sun, 8 Sep 2019 - 10:32
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I would be grateful for any advice on whether it is possible to appeal a 'no left turn' fine on the basis that the on the day in question the two major roads that would take me towards the destination were closed - one because of a fire and one because of a hole in the road.

At the crossroads after I had been diverted away from my desination the only other options would have taken me back towards home or in the opposite direction over the railway where I couldn't get back to the road I needed to be on. In the split second I had to make up my mind when I saw the 'no left turn' sign I couldn't think of a way to get to my destination using the legal options.

I didn't even want to be driving on that morning but had no choice (taking my daughter to dental appointment) because the bus wasn't running due to the fire. I wasn't familiar with the signs in the area as I wouldn't normally drive there.

I feel there ought to be some mitigation when the major roads are closed.

I've had an appeal rejected by the council but have to decide whether to appeal to the tribunal.

Thank you
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post Sun, 8 Sep 2019 - 10:32
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stamfordman
post Sun, 8 Sep 2019 - 11:02
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We can't advise without all the documents so post them on https://imgbb.com or such like.

Is there any local news on the fire or roadworks.
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Gert
post Sun, 8 Sep 2019 - 17:14
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My take on this type of scenario is that if the road closure is in the absolute immediate vicinity of the restriction, such that having made the permitted turn it required the driver to swiftly have to reverse their direction of travel, as they may not proceed further, then the PCN should be cancelled due to the mitigating factor.

In this case however, the closure was not in the immediate vicinity so you were required to observe the sign and its instruction. No mitigation here. So unless the PCN wording is fatally flawed or the process improperly applied, paying at the discounted rate is the best option.
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PASTMYBEST
post Sun, 8 Sep 2019 - 18:08
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My take on this is that we need more information,

show a google map with the locations of the road closures and name your destination so we can check out the voracity of you claim before a representation is made


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Bittles
post Fri, 13 Sep 2019 - 12:36
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Thanks everyone. It took a while to work out how to show on a map. But have attached here. Because of the combination of diversion due to hole in road and road closed due to fire, I couldn't think how I could get to the dentist (red cross) except by doing illegal left turn and parking outside a supermarket in parking bay.

In the split second I had to decide I thought about going straight on and doing u-turn to come back, but that wouldn't have helped as there would then have been a no right turn as I came back to the junction.

I don't usually drive in Wimbledon town centre - I tried to get the bus to avoid the congestion, but that wasn't running because of the fire.

Ironically had I ignored the diversion and carried on, the hole in the road was much further down and I could have got to the dentist before I reached it. But there was no indication of exactly where it was.

I have evidence from a local newspaper of the hole in the road, and from twitter about the fire and bus not running.




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cp8759
post Fri, 13 Sep 2019 - 22:20
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Why couldn't you go straight on along Alexandra Road, left at Parkwood Road, left again at Woodside? You've written "if go straight on can't get back" but I don't see why that would be the case.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Bittles
post Sat, 14 Sep 2019 - 10:05
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Thanks - if I had done that it would have got me back on my original route - I still couldn't have got to the dentist. I think there is also something at the junction of Wimbledon Hill road that would have prevented me from going straight on to Mansel road too where at least I would have been nearer. In theory it might have been possible to park on Woodside if there was metered parking and walk to the dentist, but given the earlier farce waiting for a bus that wasn't running by that time I was going to miss the appointment. The problem is that at the crossroads I had a second to try and think through all the possible permutations and find one that would get me back to where I needed to be which was in the opposite direction.

I guess if I can't make a convincing case I might as well just pay and be done with it - it does seem annoying though. I deliberately try and avoid driving in town centres when there is perfectly good public transport. I feel I'm being punished for the unfortunate state of the roads that morning, not because I did anything wrong.
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cp8759
post Sat, 14 Sep 2019 - 20:06
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I'm not saying your case is hopeless, I'm just trying to pre-empt anything the council might say. What I suggest for now is that you show us all the paperwork so we can see if there's any technical flaws in the small print, many moving traffic offence PCNs are flawed.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Bittles
post Yesterday, 20:25
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Thanks everyone for all your help. I have decided just to pay up begrudgingly and forget about it as I don't want this to drag on and it isn't likely to be repeated. I think Pepipoo is a brilliant website and really admire those of you who give your time to help.
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