Hi Mortimer google maps is not up to date, it is quite different to what google maps is showing. I will describe it to you and get some photos of the signs tomorrow morning.
Basically on renwick rd as your coming up to bastable avenue tbere are about 4 signs stating no right turn between hours 6am and 10am as well as a camera sign. Then when you turn in to bastable ave. there are no entry signs and again a camera sign and just by the bollards is a sign stating that the bollards are automatic and only one car should go through at a time vice versa.
I only have a few days to write to them and appeal so the sooner i could get some advice the better guys.
Thanks for the advice so far, much appreciated...
Here we go, i have found these on another post
http://i49.tinypic.com/2e0irfq.jpg http://i45.tinypic.com/35jeb09.jpgSecond photo is of the signage leading to bastable ave.
Here is a sort of appel template that i have found on another post for the same contravention at the same location and there are loads more. Can some body please help me to edit this so that its relevant to my pcn as i dont have a clue about what the template explains and time is very short or should i just send this as it is?
Thanks so much in advance...
I wish to appeal against the penalty charge on the grounds that the contravention did not occur.
Section 1(2) of the London Local Authorities & Transport for London Act 2003 advises that road traffic contraventions can only commence to be enforced from the “appointed day”. Section 3 advises as to what constitutes the “appointed day” and it instructs that it is “such a day as may be fixed….. by resolution of the council” and that the appointed day is “subject to” and must be made “in accordance with” the provisions of section 3.
Section 3(5) requires that the resolution of the council giving the fixed day and the general effect of the provisions of the 2003 Act be published in a local newspaper and the London Gazette, 3 months prior to the appointed day.
Considering the above points it is not beyond reason, since no evidence to the contrary has been submitted, that no such resolution was made by the council and if it was, then it was not made in accordance with the provisions of section 3.
If you believe the contravention did occur and that the council is lawfully entitled to enforce road traffic contraventions under the 2003 Act, then I require the council to provide evidence that such a resolution fixing the appointed day was passed by the council and that a public notice was published as required. These items ought to be held by the council and so should be readily and easily available.
Section 3(6) is specific in what the Council must produce as evidence that a public notice was published: (6) Either a photo static or other reproduction certified by the officer appointed for that purpose by the borough council or by Transport for London to be a reproduction of a page or part of a page of any such newspaper or the London Gazette bearing the date of its publication and containing any such notice shall be evidence of the publication of the notice, and of the date of publication.
Further to this the "no right turn" sign is to diagram 612 in the Traffic Signs Regulations and General Directions 2002, subject to Direction 7, which provides that it can only be placed to reflect a prohibition or restriction contained in an Order. Due to Direction 21(1) the only plates that can appear with this sign are to diagrams 954, 954.2, 954.4, 954.5, 954.6 and 954.7. The plate used in combination with this sign is non-compliant because it is not any of the previously mentioned plates. The only way it can be lawful is if it has special authorisation from the DfT. I ask that you also provide me with evidence of such authorisation.
The contravention can only be enforced if the council has been empowered in accordance with the law and I need all the above evidence to reasonably consider whether I have just cause to proceed to adjudication. If the council fail to provide me with evidence of the resolution and public notice publication, I will take the matter to adjudication. The Council’s lawful entitlement to enforce road traffic contraventions is paramount to this appeal and if you fail to address the points raised, in line with statutory regulations and guidance, I will ask at adjudication that a charge of improper consideration be brought against the council.
Considering my original appeal (as above) the response I have received from Barking and Dagenham Council is inadequate. They have failed to provide a Notice of Rejection that demonstrates that the legal issues raised have been given any consideration at all. This is clearly evident in the Notice of Rejection received and remains contrary to the requirements laid out in Paragraph 98 of the Secretary of State’s statutory guidance to local authorities:
98. If the authority rejects the representation, it must serve a notice of rejection (NoR) stating that it will issue a Charge Certificate unless the PCN is paid or an appeal made to an adjudicator. The notice of rejection must set out the general form and manner in which an appeal can be made and that the adjudicator has the power to award costs against either party. The authority should give the owner clear and full reasons for its decision on a representation, in addition to the minimum required information.
As this statutory guidance is authorised by virtue of s.87 TMA 2004 the council is guilty of "procedural impropriety" as defined by regulation 4(5) within the Representation & Appeals Regulations 2007.
Yours Sincerely