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PCN for making illegal right turn when left turn was blocked
risingson
post Wed, 25 Mar 2020 - 20:33
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Hi everybody

I received a PCN for making a right turn at a "no right turn" T junction - but there was utility replacement work taking place shortly after any left
turn I could have made.

I've already tried a first appeal to this - and didn't dispute that there was a left turn only sign painted on the road approaching the junction and two
sets of no right turn signs (the later set were partially obscured by recently planted shrubs, the earlier set are visible). There wasn't a no right turn
sign facing me whilst I waited at the T junction (but I'm not sure there has to be). The reason for my appeal was the impracticability of turning left.
This is the view looking left at the junction a few weeks after the incident - the position of the "trench" has moved on, but judging by the relaid
tarmac, it began about 20 metres after the left turn I'm expected to have made.
Attached Image


I've been provided with video evidence showing me pulling up with my car angled to turn left. I then notice the "road ahead closed" signs, open out
the steering and turn right instead. The rear of one of the "road ahead closed" signs held down with sandbags is visible in the video evidence.
Here are two stills from the video:
Attached Image

Attached Image


Here was the PCN:
Attached Image


Attached Image


And the result of my first appeal:
Attached Image

Attached Image


The council appears to be arguing that there was enough space after turning left for me to do an immediate U turn. Or that the road only became a full
closure further down - you can see from the freshly laid tarmac where the trench was that it was initially blocked only on the left hand (i.e. my) side, so
it appears I could have gone down the right side of the road (against oncoming traffic) and then taken the next right - they're only willing to admit to the
road being "closed" after this point (which I believe it then was - utility works digging up both sides of the road).

On the actual day I recall there being other cars doing U turns in the area just to the left of the junction, but they had already travelled down the main
road (i.e. across my bonnet where I was waiting). As this was going on it wasn't that easy to see that I could drive on the wrong side of the road and turn
right later on either. I just decided that there was no point turning left at all and made a right turn. (The lack of a "no right turn" sign right in front of me
to remind me not to didn't help here.)

I'm assuming that the traffic adjudicator may have no choice but to conclude the offence was technically committed although I think this is pretty sharp
practice by the council in the circumstances? However would any of these (or any other suggestions please) be grounds for appeal?

- Their notice of rejection now says the PCN was sent because the CCTV showed me making a left turn which was not allowed?
- They go on to say that a motorist should have turned left and would then have been instructed to turn around by the "road closed" signage. Are they
splitting hairs here given that there is a "road ahead closed" sign right at the junction itself? They haven't demonstrated if there was another "road closed"
sign and seem to be denying that there is any signage at all in the CCTV evidence - yet the reverse of what I think was the "road ahead closed" sign is
clearly visible.
- I've now noticed that there is some sort of bizarre formatting issue going on in their letter of rejection. The traffic adjudicator's logo is overprinted on
both pages of the rejection letter. But I haven't gone to the adjudicator yet - aren't they meant to be an independent next stage? They can't even correctly
state the offence in their rejection and are then misrepresenting this as a rejection by the traffic adjudicator - is this amateur hour?

Many thanks for your thoughts!

This post has been edited by risingson: Fri, 27 Mar 2020 - 00:10
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stamfordman
post Wed, 25 Mar 2020 - 20:38
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Post the video and all the documents.

Put pics on https://imgbb.com or such like as space on forum is limited.

Put videos on Youtube, Vimeo or such like.
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risingson
post Fri, 27 Mar 2020 - 00:09
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Hi - thanks very much for reading my post Stamfordman!

The video shows little more than the stills they also provided - so not being very accomplished at Youtube I've attached the stills here. The originals really were as grainy as what's shown.

You can see the position of the camera which took the CCTV/stills on the lamp post in the photo I took facing the other way. How thoughtful of them not to take video of the pandemonium in the opposite direction!

I also attach the PCN and appeal rejection. I'm thinking the main issue is how sloppy they've been with the rejection for the reasons I've highlighted.

Look forward to your thoughts!
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PASTMYBEST
post Fri, 27 Mar 2020 - 10:41
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Get on to the council and ask why they have not included a web code so you can appeal online


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All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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stamfordman
post Fri, 27 Mar 2020 - 11:07
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Let's see the video - PM me the details and I'll post it.
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cp8759
post Yesterday, 08:18
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I can't fault the signage: https://www.google.co.uk/maps/@51.4185887,-...6384!8i8192

Send the PCN details to me or stamfordman so we can sort out the video.


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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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