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ukdeveloper
Hi,

A friend has been nabbed by CCTV in Enfield stopped on zig-zag lines.

is she banged to rights? or is there anything wrong with the received PNC?





Thanks

C.
southpaw82
Is that it? Have you shown us all sides of all sheets?
Glacier2
Surely a council cannot issue for what is an endorseable offence, i.e. the domain of the police.
southpaw82
QUOTE (Glacier2 @ Sat, 22 Nov 2008 - 20:06) *
Surely a council cannot issue for what is an endorseable offence, i.e. the domain of the police.


Schedule 7 to the Traffic Management Act 2004 sets out the offences amenable to civil enforcement. Part 1, Para 3(2)(h):

(h) an offence under section 36(1) of the Road Traffic Act 1988 (failure to comply with traffic sign) of failing to comply with a sign of a type referred to in
(i) regulation 10(1)(b) of the Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113)(zig-zag lines relating to certain crossings)
ukdeveloper
QUOTE (southpaw82 @ Sat, 22 Nov 2008 - 20:14) *
QUOTE (Glacier2 @ Sat, 22 Nov 2008 - 20:06) *
Surely a council cannot issue for what is an endorseable offence, i.e. the domain of the police.


Schedule 7 to the Traffic Management Act 2004 sets out the offences amenable to civil enforcement. Part 1, Para 3(2)(h):

(h) an offence under section 36(1) of the Road Traffic Act 1988 (failure to comply with traffic sign) of failing to comply with a sign of a type referred to in
(i) regulation 10(1)(b) of the Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113)(zig-zag lines relating to certain crossings)




So does that mean if the Ol' Bill nab you for this you can get endorsements but if the LA do it you get away with a ticket?

Seems a little odd

C
ukdeveloper
And apart from an envelope thats all she received.

C
southpaw82
Points only if done by the police.

Doesn't comply with Reg 3(4) of the Representations and Appeals Regs.

- Doesn't say reps outside 28 days may be disregarded.
- Doesn't give you an address to send reps to.
- Doesn't say you can go to the adjudicator.
- Doesn't say you can view the video.

Is she sure that's it?
ukdeveloper
yep just clarified with her... no other paperwork.

But surely if the LA should have put more paperwork in the envelope they will just say they did no?

C
southpaw82
Probably - however, the adjudicator may well believe her.
ukdeveloper
whats the grounds for appeal?

should she wait for the NTO and then say contravention did not occur?

If she mentions she did not get relevant paperwork wont they just send it again?

C
Glacier2
It would be too late at that stage.
ukdeveloper
so something like

the contravention did not occur!! and by the way why wasnt I offered the chance to view the CCTV??

or should she keep that for PATAS?

C
southpaw82
Why would she say the contravention did not occur? Granted, it's for them to prove it did but I'm just wondering why.
ukdeveloper
QUOTE (southpaw82 @ Sat, 22 Nov 2008 - 22:30) *
Why would she say the contravention did not occur? Granted, it's for them to prove it did but I'm just wondering why.


No, I was just wondering which grounds I can appeal on?

C
Glacier2
Procedural impropriety.

Penalty charge exceeds the amount.
ukdeveloper
Hi,

In relation to this case today, my friend recieved this Charge Certificate.

She appealed the NTO but recieved no Letter of Rejection or anything until this charge certificate arrived today.

I would be very greatfull if someone could check it for errors, and/or advise on the next course of action:

Thanks

C



bama
does she have proof of delivery of the appeal ?
Glacier2
Do nothing for now. I mean do not contact Enfield at all.

Wait for Enfield to send you the Order for Recovery. When this is received complete the TE9 witness statement and send it to TEC ASAP.
ukdeveloper
Dont think so,

nor photocopies.... dozy cow!!

C
ukdeveloper
error post!
Badgeroonie
I thought Enfield PCN's were A3 folded over to make a 4-page A4 document. Well, the one I've got in front of me now is like that.
Chimaera
Do those markings comply?

The zig-zags look very shallow, should cover 500mm of the carriageway width, - though could just be the photo. Also there should be a clear 150mm gap between each zig and zag - again could just be the photo, but might be worth checking?

The TSRGD working diagram is here...
http://www.opsi.gov.uk/si/si2002/023113an.gif

What sort of crossing was it as strictly speaking the TSRGD only applies to Toucans?

Anyone know if the diagrams for the "Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997" are online somewhere? I'm pretty sure the dimensions are the same.
bama
in the S.I. http://www.opsi.gov.uk/si/si1997/97240005.htm
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