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Failing to comply with a sign indicating traffic must pass to the left
Blue sky
post Sun, 18 Oct 2020 - 16:36
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Hi,
The other day, I was taking my little boy to a hospital appoitnment and there was a traffic island with a truck adjacent to it blocking passage. The other side of the road was clear, so I indicated and drove round the traffic island on the other side. I received a penalty notice in the post.
Few questions,
1. if there was no passage on the left of the island, what was I expected to do?
2. what was the offence? i see no sign indicating that you msut drive to the left unless the island is the said sign and there are no solid white lines on either side of the island
3. on the pcn it does not state the code for the offence - only once I looked it up online did i see the contravention code.
Are any of the above -or in fact anything else grounds for appeal?

I appreciate any expertise and input.
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post Sun, 18 Oct 2020 - 16:36
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PASTMYBEST
post Sun, 18 Oct 2020 - 16:42
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QUOTE (Blue sky @ Sun, 18 Oct 2020 - 17:36) *
Hi,
The other day, I was taking my little boy to a hospital appoitnment and there was a traffic island with a truck adjacent to it blocking passage. The other side of the road was clear, so I indicated and drove round the traffic island on the other side. I received a penalty notice in the post.
Few questions,
1. if there was no passage on the left of the island, what was I expected to do?
2. what was the offence? i see no sign indicating that you msut drive to the left unless the island is the said sign and there are no solid white lines on either side of the island
3. on the pcn it does not state the code for the offence - only once I looked it up online did i see the contravention code.
Are any of the above -or in fact anything else grounds for appeal?

I appreciate any expertise and input.


We need to see the PCN the video and a GSV


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The Rookie
post Sun, 18 Oct 2020 - 16:55
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By penalty, I presume Eloy mean penalty charge notice, in which case this needs to be in the council forum, click the !REPORT button by your post and ask a mod’ to move it.

Or is it a fixed EKNATH from the Police (very unlikely).


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stamfordman
post Sun, 18 Oct 2020 - 17:56
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We definitely need the video. If you don't know how to get and post it, PM me the name of council, car reg and PCN number.

This post has been edited by stamfordman: Sun, 18 Oct 2020 - 17:56
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stamfordman
post Sun, 18 Oct 2020 - 19:03
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You are the first car to not keep left.

My take is there was room to get through after the truck reversed and you were rather impatient although you had a ditherer ahead of you.

Post the PCN - put pics on https://imgbb.com or such like as space on forum is limited.



This post has been edited by stamfordman: Sun, 18 Oct 2020 - 19:06
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cp8759
post Sun, 18 Oct 2020 - 20:49
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The contravention is banged-to-rights IMO, as the keep left arrow on the bollard is clearly visible, the vehicle causing the obstruction was not unattended and you did not give the situation a chance to resolve itself, i.e. I agree an adjudicator would say you were rather impatient.

You were going to an appointment so it was no an emergency (or else you would be able to claim the statutory exemption for vehicles being used for ambulance purposes).

However from what you say the PCN might be defective, so we need to see it.


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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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PASTMYBEST
post Sun, 18 Oct 2020 - 21:57
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I think you can make a case the HGV was an idiot could you have waited ? perhaps but what you had was a mexcan standoff the HGV was reversing, they could go no further unless you and the car in front got out of the way. you did


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cp8759
post Sun, 18 Oct 2020 - 22:07
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QUOTE (PASTMYBEST @ Sun, 18 Oct 2020 - 22:57) *
I think you can make a case the HGV was an idiot could you have waited ? perhaps but what you had was a mexcan standoff the HGV was reversing, they could go no further unless you and the car in front got out of the way. you did

Neither vehicle looks to have been in the way of the HGV, the lead car did not reverse at any point in 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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stamfordman
post Sun, 18 Oct 2020 - 22:11
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The problem is the OP didn't seem to wait at all to see how it played out and just zoomed past. This is not like the one the other day where the OP was behind a stalled UPS van, which is more compelling but not a slam dunk in my view.
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PASTMYBEST
post Sun, 18 Oct 2020 - 23:15
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Where do you think the HGV was going if it continued to revers and that looked to be its intent and the car in front was shaping up to do the same as the OP

It;s not a sure thing but if it was my money i would be fighting it


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mickR
post Sun, 18 Oct 2020 - 23:46
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Theres also the issue of the lorry banksman who 1. Doesnt cone to the rear of the lorry to direct driver of danger, 2 then f...off to the front ignoring the traffic behind. 3. Kn@b lorry driver parking in dangerous and obstructive way. 4. Waiting drivers had no indication the lorry had any intention of moving forward or even if it woukd reverse more.
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Blue sky
post Mon, 19 Oct 2020 - 09:28
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Many many thanks for your repsonses - truly grateful. I attach a section of the PCN i think is relevant. Please let me know what you think and also if you need to see more or this is sufficient.
I look forward to your comments.



Attached thumbnail(s)
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cp8759
post Mon, 19 Oct 2020 - 10:33
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QUOTE (Blue sky @ Mon, 19 Oct 2020 - 10:28) *
I attach a section of the PCN i think is relevant.

Apart from your name, address and number plate, all of the PCN is relevant. Please post up every page, preferably the right way up. Use an external site like imgur.com or imgbb.com as there won't be space on here.


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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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Blue sky
post Mon, 19 Oct 2020 - 18:40
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https://ibb.co/album/g6BkbY

Many thanks in advance
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cp8759
post Tue, 20 Oct 2020 - 11:05
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Where are the other pages?


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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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Blue sky
post Tue, 20 Oct 2020 - 17:12
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only the back which says how to pay, make representations and declaration.
Nothing helpful on the front ???
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Longtime Lurker
post Tue, 20 Oct 2020 - 17:15
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We can only check for missing information if you show us the whole thing.
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Blue sky
post Tue, 20 Oct 2020 - 18:35
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https://ibb.co/sJDsxQh
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Blue sky
post Tue, 20 Oct 2020 - 20:24
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Back page posted!
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cp8759
post Wed, 21 Oct 2020 - 10:38
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Can't really fault the PCN, I fear the discount might be the best option here.


--------------------
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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