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Salters Hill pcn 37j
Matt703
post Sat, 1 Aug 2020 - 17:12
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Hi -

i'm planning on making representation about a pcn received for this notorious hotspot. I think that I have grounds for appeal but would appreciate your advice. I've read some other comments and believe that in this instance I did'nt cause the opposing cause to break. The oncoming car had also not reached the speed bump approaching the bridge. I have heard that Lambeth's stance is that once a car turns the corner you need to stop but would the independent adjudicator agree with that?

Any advice gratefully received.

Thanks

M703

YouTube link below

Salters Hill pcn
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post Sat, 1 Aug 2020 - 17:12
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PASTMYBEST
post Sat, 1 Aug 2020 - 17:16
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Which one is you white van or car Not much hope for either IMO


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mickR
post Sat, 1 Aug 2020 - 18:20
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One thing is for sure, the on coming van did not stop nor brake either before or after the hump and therefor was not imeeded in any way
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Ryan 93
post Sat, 1 Aug 2020 - 19:00
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I watched the PCN video footage in slow motion. Your vehicle was under the bridge and had committed to the one way passage prior to the arrival of the opposing vehicle. Furthermore your vehicle cleared the yield markers prior to the opposing vehicle reaching its point of entry. Your driving was 100% in accordance with the Highway Code. There was no contravention. The PCN should be cancelled.
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PASTMYBEST
post Sat, 1 Aug 2020 - 20:36
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I too have just watched in stop frame. I will revise my view. In law priority must be ceded to oncoming vehicles that have reached the priority over oncoming vehicles sign here

https://www.google.co.uk/maps/@51.4268297,-...6384!8i8192

You crossed the line at 4 seconds in the video the oncoming van did not reach the sign until 7 seconds by which time you had passed under the bridge, whilst this may still be classed as the restricted area When you entered this area there was no vehicle that required you to cede priority


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cp8759
post Sat, 1 Aug 2020 - 22:07
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QUOTE (PASTMYBEST @ Sat, 1 Aug 2020 - 21:36) *
I too have just watched in stop frame. I will revise my view. In law priority must be ceded to oncoming vehicles that have reached the priority over oncoming vehicles sign here

https://www.google.co.uk/maps/@51.4268297,-...6384!8i8192

You crossed the line at 4 seconds in the video the oncoming van did not reach the sign until 7 seconds by which time you had passed under the bridge, whilst this may still be classed as the restricted area When you entered this area there was no vehicle that required you to cede priority

+1, the priority area starts where the sign is, if the council wants a bigger priority area they should move the sign.


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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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Ryan 93
post Sun, 2 Aug 2020 - 10:58
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Ignore (information out of date).

This post has been edited by Ryan 93: Sun, 2 Aug 2020 - 14:03
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cp8759
post Sun, 2 Aug 2020 - 13:39
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Ryan the council is alleging a contravention of diagram 615 in schedule 3 of the 2016 regs, the 2002 regs have been abolished.


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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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Ryan 93
post Sun, 2 Aug 2020 - 13:58
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QUOTE (cp8759 @ Sun, 2 Aug 2020 - 14:39) *
Ryan the council is alleging a contravention of diagram 615 in schedule 3 of the 2016 regs, the 2002 regs have been abolished.

My bad, I missed that detail.
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Matt703
post Mon, 3 Aug 2020 - 07:23
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Thanks, just for clarity my car is the EA13 - Vauxhall. I am planning on appealing this as I genuinely believe that I didn't cause the oncoming car to break and they had not reached the speed hump or corresponding sign on their side. I think that it comes down to council's interpretation of at what point you have to stop. I've seen responses where the council stated that it's as soon as a car turns the corner but how would that feasibly stand up in law?

Thanks for the advice and I will update with how the appeal progresses, I suspect that on reading other comments about this particular area that they'll dismiss out of hand and it will go to adjudication. My annoyance is that the discounted fee isnt still valid if you go to appeal where as with standard parking tickets it is.
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Incandescent
post Mon, 3 Aug 2020 - 07:59
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QUOTE
My annoyance is that the discounted fee isnt still valid if you go to appeal where as with standard parking tickets it is.

No, it isn't. Any appeal at the adjudicators is always for the full PCN penalty. Where did you get this idea from ?
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cp8759
post Mon, 3 Aug 2020 - 17:11
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QUOTE (Matt703 @ Mon, 3 Aug 2020 - 08:23) *
My annoyance is that the discounted fee isnt still valid if you go to appeal where as with standard parking tickets it is.

It's not standard for any type of PCN, if you could appeal with no risk at all, everybody would appeal everything, and there would be no incentive for the guilty to pay early and every incentive to drag things out as long as possible. The discount is there as an incentive to those who want to accept liability, in recognition of the fact that they don't place any burden on the council as the council doesn't need to consider representations, write rejection letters and so on.


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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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