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Lisa Turnball
Hello

I was issued with this penalty notice recently. Is it legally enforceable. I don't actually recall doing anything wrong on the day in question even though there is camera evidence that suggests I did. That suggests to me that the signage might not have been clear. Normally if you commit a traffic offence you normally realise you have. I did not. Do you think from the pictures, they have enough evidence to support their findings? Or should I just roll over and pay up. I intend to get the footage so I can see the manoeuvre.



stamfordman
Google Street View is from 2015 and has no no-right restriction there.

Have a look on Wandworth's PCN section and see if the pics and video are there:

https://forms.wandsworth.gov.uk/ufs/ufsmain...1_1508710925073

I think Wandsworth doesn't have video online.
Incandescent
The PCN is certainly legally enforceable, and indeed if you ignore it totally, you'll end up with bailiffs at your door demanding hundreds of pounds, so you need to do something, ((pay-up or appeal it).
The PCN is an allegation, and the photos are, believe it or not, not mandatory ! The only evidence is their video of the allegation, so if you want to fight this one, you have to view it.The PCN should say how somewhere. Normally, successful appeals for this kind of offence major on the inadequacy of signage, or its bad positioning.

If you are local you need to go to the site of the alleged offence and look at the signs. If you totally refute the allegation, you'll have to forego the discounted amount and take them all the way to London Tribunals where the video will be studied by the adjudicator and also your evidence that explains or refutes the allegation. This could cost you a maximum of £130, or nothing if you win. It is a double-or-quits game, basically.
Lisa Turnball
I can't see any No Right Turn sign. I got this from Googlemaps at the correct junction.







These are taken from Googlemaps in 2015.
stamfordman
Yes, I said GSV is too old. We need the pics that are on the PCN and ideally the video, to see if the signage is adequate. As Mr I says, if you live near there go take some pics - see if there is any advance signs as well as signs at the junction.
Lisa Turnball
I will go there tomorrow and see if I can see anything. There is something on their website about illegal turns, but if the signage is absent - as in the pictures above - I expect I will have a strong case.
stamfordman
Here's Wandsworth's list of CCTV locations - I can't see this one on it. It may fairly new and we know it wasn't there in 2015.


http://www.wandsworth.gov.uk/downloads/fil...fic_enforcement

EDIT

Yes thought it was new - went live last month (8 Sept):


http://www.bordertelegraph.com/announcemen...HILLBROOK_ROAD/
Lisa Turnball
I need some further advice from knowledgeable members (no sillyor unhelpful answers please?) I have two days to go before my 14 day half price fine is due to expire, so I need feedback super quick.

Question: On my PCN I am reliant on the stills photographs, which you can see for yourselves. I don't think they are enough to prove the contravention, so I have tried to ask Wandsworth Council for the footage that shows me clearly doing a right turn into the road in question where signs are clearly visible too that disallow this manouvre. On their website, they have an 0208 number which I have tried a few times. It is inoperable for requesting the footage. It does not get through to the parking contravention helpline or enable me to request the footage or make an appointment. I have tried ringing the Wandsworth Council reception or switchboard and there is only a voicemail with menus, none of which relate to the traffic department that deals with these types of issues. I have sent a challenge to my PCN using their web-form for Appeals but have had no response - as yet. Besides that is not the right way to request footage.

If I have not got any chance of viewing the footage in time for the 14 day half price payment period, are Wandworth Council obliged to drop the matter entirely through lack of evidence? Surely I am not expected to turn up at their offices in person, at my own expense, just to see footage that should have been readily available for me to request via their web-site or by phone.

Advice please would be much appreciated smile.gif The sooner the better too. I have until Wednesday to pay if the evidence does show that I am guilty, which the stills pictures don't evidence.
Neil B
I don't have an opinion on the contravention; haven't looked.

14 days expires midnight TOMORROW.

You have no statutory right to view vid, nor does the PCN offer it.
Yes, they do on the website and it's poor they don't honour it but it's not a strong
point and very difficult to argue: Certainly not a winning point on its own.

But -
QUOTE (Lisa Turnball @ Tue, 31 Oct 2017 - 00:20) *
I have sent a challenge to my PCN using their web-form for Appeals but have had no response - as yet. Besides that is not the right way to request footage.

You've sent what? Show us please.
PASTMYBEST
The PCN is dodgy on almost exactly the same lines as this decision

2170469036

The Appellant has not attended and the Authority is not represented.
The Authority's case is that the Appellant's vehicle was stopped in the box junction when prohibited when in Finchley Road/Bridge Lane on 27 June 2017 at 17.27.
The Appellant's case is that he had anticipated that the exit would be clear.
He also takes a point on the Penalty Charge Notice in relation to the time permitted time for representations to be considered and referred me to the case of Atlas - v Barnet case number 2170053479.
I have considered the evidence and I have allowed this appeal on the truncated period point that an Authority must consider representations. I have copied into this decision the relevant part of the Atlas case.
"Section 4(8)(a) of the London Local Authorities and Transport for London Act 2003 provides that A penalty charge notice under this section must [amongst other things] state ... (iii) that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice; ... (v) that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable; (vi) the amount of the increased charge; ... and (viii) that the person on whom the notice is served may be entitled to make representations under paragraph 1 of Schedule 1 to the Act; and (8)(b) requires that they specify the form in which any such representations are to be made.
Paragraph 1(3) of the Schedule provides that the enforcing authority may disregard any such representations which are received by them after the end of the period of 28 days beginning with the date on which the penalty charge notice in question was served. {effectively 28 days + 2 days}
Mr Atlas correctly points out that in this case the Penalty Charge Notice states: 'The penalty charge of £130 must be paid not later than the last day of the period of 28 days beginning with the date of this notice. If the penalty charge is not paid before the end of the 28 day period and no representations have been made, an increased charge of 50% to £195 may be payable and a charge certificate may be issued.'
Mr Atlas submits that this wording is not compliant with the requirements of the 2003 Act and, further, effectively limits the time he has to make representations.
I accept this submission. The wording does not comply with the requirements of the Act and therefore effectively limits the time a recipient has to make representations or, indeed, to pay the full penalty charge before a Charge Certificate is issued."
Accordingly, this appeal is allowed.
Neil B
QUOTE (Lisa Turnball @ Tue, 31 Oct 2017 - 00:20) *
so I need feedback super quick.

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