Dear all
Thanks for your help in advance - apologies for any mistakes as this is my first ever post
I got a surprise PCN in the post from Westminster Council parking services 3 days ago.
The notice states that I had failed to drive in the direction shown by the arrow on a blue sign - CCTV contravention code 32J
My partner was driving with me sat in the passenger seat. It was a genuine mistake as we had assume that the lack of the "no left turn" red sign implied that we could turn left onto Shaftesbury Avenue from Denman Street
Having reviewed the CCTV (links thanks to previous posts on this forum) I have the following few points to raise
1) Is it right to assume that if the CCTV did not capture me driving past a blue sign, there can be no absolute prove that a contravention occurred?
(The CCTV shot an image of a blue sign, NOT the one I drove past, but one situated at the next upcoming junction)
2) The CCTV did not incorporate any blue signs on Denman street. If they alleged that the contravention occurred on denman street on the PCN, surely they would need to provide prove of the presence of blue signs on denman street itself
I have read a previous post from the same location http://forums.pepipoo.com/index.php?showto...treet&st=40
And drafted a reply based on advice from that thread.
I wonder if the OP's appeal was successful?
Attached is the image of PCN and my proposed appeal
Comments will be much appreciated.
Thanks again.
http://i33.tinypic.com/2yl6vzo.jpg (PCN picture)
PROPOSED APPEAL
The alleged contravention did not occur, for these reasons.
The CCTV footage fails to show the presence of sign 606 or road marking 1036.2 in Denman Street
or any upright signs in Denman Street. Therefore the presence of signage is not proven.
The CCTV footage provided failed to show that the vehicle drove past any visible blue sign on Denman Street.
In addition, the only blue sign shown in the evidence was one situated on Shaftesbury Avenue, which was irrelevant to the direction of travel of the vehicle.
The contravention is not adequately stated on the PCN as it fails to state in which direction the vehicle proceeded and which direction the vehicle should have proceeded.
Furthermore The PCN is defective as it states on the payment slip that the penalty charge is £65 when in fact the actual sum due is £130
Given the lack of clear and firm evidence to support this alleged contravention, I request that this PCN be cancelled.