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Full Version: PCN - NO RIGHT TURN (CODE:50R) BASTABLE AVENUE
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kyia2804
Hi all

I received today a PCN (please see attachments over following posts) for turning right into Bastable Road from Renwick Road. I've searched through previous posts on this site and I'm hoping that someone will be able to help. Many of the posts regarding the format of the PCN and of the signage at the junction are from some time ago, so I didn't want to follow the advice in those threads if it proved to be out-of-date.

As there is only one sign covering the direction I was going in, is it possible that I can ask the council to prove that at the time in question, the sign was unobstructed and visible, i.e that it wasn't graffitied, or a lorry wasn't parked in front of it. or that a rubbish bag hadn't blown onto the sign and obscured it? Not that I would put these specifics to the council I would just ask them if it could be proven that the sign was visible. Or is the onus on the motorist to prove that?

I have also seen on another forum that the video evidence - which I have requested - has to show the relevant sign in the clip together with the offence? Is this the case? If so, the still images they have shown on the PCN cannot be part of any video showing the front of the sign, so if they send me a video from a different position than the images were taken from, does that affect the PCN at all?

I have noted comments people have made regarding the DfT permissions required for the signage, is this the permission mentioned?
http://assets.dft.gov.uk/trafficauths/case-3974.pdf

Also, regarding comments made about advertising the restriction in the London Gazette, is this link sufficient for them to say they have done so?
https://www.thegazette.co.uk/notice/L-58853-636705

Please see attached files.
Incandescent
If you claim the sign was obscured or missing you need some sort of proof, like a photo or two. Showing the car turning against a visible sign in the video is the kind of thing only really considered at adjudication, where you're putting the full PCN amount in play. SOme adjudicators accept appeals based on video evidence not showing the sign plus the contravention, but it's not set in stone, I'm afraid.

Clearly you turned right when you shouldn't have, so did you miss the sign ? If so, that has to be your main appeal point, (badly placed, obscured, easy to miss etc), rather than technical arguments which will only be reviewed at adjudication. Only thing to check on this aspect is whether the TRO has the NRT ban in it.
PASTMYBEST
GSV link

https://www.google.co.uk/maps/@51.526774,0....3312!8i6656

Been up and down trying to find an out, but to no avail.

Think i would be a bit cheeky/bolshi. Challenge on the signage being non compliant in that it is insufficient to convey the restriction. It can be easily obscured by large vehicles and is to near the junction for a driver to react.

Then if they feel that all is ok add a freedom of information request as to how many tickets they have issued to buses for contravening the no entry signs
kyia2804
I requested the video evidence from the council, they told me it would be viewable online, however this service has not worked at any time of trying. After 3 phone calls regarding this - each time I was told someone would call back - and several emails regarding this, I eventually got through to a 'Lola' at the council, I was told I would be sent a DVD showing the video. I have not received this.

I have however received a letter from them (attached) which refers to parking in a garden - nothing to do with the original PCN. I'm not sure if this actually carries any weight in terms of their error? As you can see in the letter the PCN was appealed online, but they rejected it for the reasons in the letter.

What would you recommend my next step be? Is the error in the letter significant enough? Does their failure to provide the video evidence matter at all?

Second image
http://tinypic.com/r/2czsx3q/8
PASTMYBEST
Do the PCN and reg numbers match,
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