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#Post#: 13274--------------------------------------------------
PCN from TFL after diverted into CC
DIR By: Driver86
Date: January 3, 2024, 4:04 pm
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Hi all,
Frustrated! Again a PCN for entering CC zone due to diversion. I
got this PCN via post from TfL yesterday. I recall I only drove
into the congestion charge zone at Swinton Place due to police
diverting traffic in there after blocking entry to Grays inn
road. The roads around there are for traffic flowing in one
direction so you can not make a u-turn or turn away into another
street.
PCN
HTML https://ibb.co/qR1YvVm
My destination was to turn up towards Kings Cross (which is not
within the CC Zone) and so had no need to be in the zone on my
route.
Any advice on how I can appeal this?
Many thanks.
#Post#: 13287--------------------------------------------------
Re: PCN from TFL after diverted into CC
DIR By: ryan93
Date: January 4, 2024, 4:56 am
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I just noticed your post, I don’t know that much about pcns,
however a family member of mine was diverted into the CC, and I
managed to get TfL to cancel it or they eventually chose not to
contest. I think they knew id take it to tribunals given the
substantive reps I had sent to them. I recall including diagrams
of the diversion and quoting the following in my reps, as they
may have failed to consider: S14(3) of the road traffic
regulation act 1984 which requires that: “when considering the
making of an order or the issue of a notice under the foregoing
provisions an authority shall have regard to the existence of
alternative routes suitable for the traffic which will be
affected by the order or notice." I may have additionally cited
chapter 8 (part 3) of the traffic signs manual (2020) point
u2.19.3. which recommends that: ”for motorised road users the
requirement is that the diversion route shall not have any extra
restrictions (including weight, height, width, emissions, or
vehicle type) or pass through any additional tolls or charge
zone.” Please note TSM is only guidance. Interestingly, similar
to another local authority, they also failed to process my
formal request for the traffic camera footage nearby the
diversion, I either made an FOI or EIR. Your case slightly
different to mine, as you mention the diversion was implemented
by another authority, however its possible the same principles
may still apply, however I cannot be certain as I’m just a
layman commenter, perhaps wait for a response from other experts
with more knowledge or alternatively seek advice from a legal
practitioner in traffic law. Nonetheless, thought id provide an
insight into my experience, also I managed to get TfL to cancel
a separate CC pcn but for another legitimate reason altogether,
therefore don't lose hope. Wish I could help more but
unfortunately my health is deteriorating quite badly, so this
response is all I can manage.
#Post#: 13293--------------------------------------------------
Re: PCN from TFL after diverted into CC
DIR By: mrmustard
Date: January 4, 2024, 9:35 am
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I am fighting a pcn here from 17 Dec. I have a photo of the
roadworks sign. I can be your free representative. Email
mrmustard@zoho.com
#Post#: 13295--------------------------------------------------
Re: PCN from TFL after diverted into CC
DIR By: H C Andersen
Date: January 4, 2024, 9:43 am
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I've read Mr M's post, but with respect roadworks signs isn't
the same as 'I recall I only drove into the congestion charge
zone at Swinton Place due to police diverting traffic in there
after blocking entry to Grays inn road.'
Obeying a police constable's instructions is a defence,
following roadworks diversions might be a defence.
OP, diagrams and specifics are necessary pl. I can see that
Swinton Place does not lead off GIR, Swinton Street does.
#Post#: 13296--------------------------------------------------
Re: PCN from TFL after diverted into CC
DIR By: mrmustard
Date: January 4, 2024, 10:42 am
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This may help
HTML https://i.ibb.co/4dVrvL9/swinton.png
HTML https://ibb.co/hfmzQNh
#Post#: 13342--------------------------------------------------
Re: PCN from TFL after diverted into CC
DIR By: Driver86
Date: January 5, 2024, 1:55 pm
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Thanks for the info MrMustard. I do drive around that area now
and again and have seen these signs positioned, but I can't
recall if I saw them on the 16th December (my pcn date) with all
the traffic and cars that were gridlocked I dont even know what
the police were doing there, or if they were there momentarily
instructing vehicles to turn left onto Swinton Place.
So you might even have a point.
Here is route I was forced to take to continue my journey.
HTML https://ibb.co/8d4dbTg
I was in the zone for maybe 1-2 minutes
due to traffic congested as I drove around Acton street and back
onto Graysinn/Kings cross.
#Post#: 13492--------------------------------------------------
Re: PCN from TFL after diverted into CC
DIR By: Driver86
Date: January 8, 2024, 4:14 pm
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I've submitted an appeal, which I expect that thye will come
back asking for money. I'll post their response when I have it
and go from there.
#Post#: 14397--------------------------------------------------
Re: PCN from TFL after diverted into CC
DIR By: Driver86
Date: January 27, 2024, 6:15 am
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Good news is that they have cancelled the PCN.
MrMustard- have they cancelled yours?
#Post#: 16150--------------------------------------------------
Re: PCN from TFL after diverted into CC
DIR By: mrmustard
Date: February 23, 2024, 12:15 pm
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Only in the last couple of days, yes.
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