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#Post#: 18005--------------------------------------------------
Re: Tower Hamlets 33C - route restricted to buses and cycles,
Monier Road, London E3
DIR By: Hippocrates
Date: March 21, 2024, 5:14 pm
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ETA Register of Appeals
Register kept under Regulation 20 of the Road Traffic (Parking
Adjudicators) (London) Regulations 1993, as amended and
Regulation 17 of the Civil Enforcement of Road Traffic
Contraventions (Representations and Appeals) (England)
Regulations 2022.
Case Details
Case reference 2200527816
Appellant Karine Reinton
Authority London Borough of Lewisham
VRM K5EBT
PCN Details
PCN ZY02322546
Contravention date 20 Oct 2020
Contravention time 13:45:00
Contravention location Manor Lane
Penalty amount GBP 130.00
Contravention Using a route restricted to certain vehicles
Referral date
Decision Date 14 Jan 2021
Adjudicator Anthony Chan
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice.
Reasons
The appeal was heard over the telephone. The Authority was not
represented.
The Appellant's first point is that the bus gate sign is a sign
covered by section 36 of the Road Traffic Act 1988. It follows
that the PCN cannot aver a breach of a Traffic Management Order.
It must allege a failure to comply with the sign.
The Appellant referred me to appeal numbers 2170058483 and
2170323030 but she was unsighted on the appeal of Susan
Rosshandler v LB of Southwark, appeal no 2180362323. This appeal
postdates the appeals cited by the Appellant. The Adjudicator,
who also gave the review decision in 2170323030 followed his own
decision. He has however found that while a PCN which
specifically avers a breach of a Traffic Management Order would
be invalid, a PCN which can be construed as alleging a failure
to comply with a sign is compliant. It does not have to spell
out that there was a failure to comply with a sign.
The PCN sent to the Appellant alleges that her vehicle used a
route restricted to certain vehicles. It does not refer to a
TMO. It can be construed as averring a failure to comply with a
sign. An image of the sign was embedded in the PCN. I am
satisfied that the PCN does not specifically allege a breach of
an order.
The Appellant's second point is that the PCN does not contain
the information which it must provided as per section 4(8)(vii)
of the London Local Authorities and Transport for London Act
2003. This subsection provides that the PCN must state the
address to which payment of the penalty charge must be sent. The
PCN sent to the Appellant contains a web address to which
payment may be made and also a telephone number over which
payment can be made but there is no postal address.
The Appellant submits that a web address is not an address
within the meaning of the legislation.
Section 9(3) of the 2003 Act provides:
A fixed penalty notice under this section shall give such
particulars of the circumstances alleged to constitute the
offence as are necessary for giving reasonable information of
the offence and shall state—
(a)the period during which, by virtue of subsection (2) above,
proceedings will not be taken for the offence;
(b)the amount of the fixed penalty; and
(c)the name of the person to whom and the address at which the
fixed penalty may be paid; and, without prejudice to payment by
any other method, payment of the fixed penalty may be made by
pre-paying and posting to that person at that address a letter
containing the amount of the penalty (in cash or otherwise).
The Appellant submits that Section 4 (8)(vii) must be read in
the light of Section 9(3)(c) and this must exclude a web address
as an address for the purpose of section 4.
A PCN described by Section 9 is a PCN for a fixed penalty
offence. It is not a PCN issued under section 4 but there is
some strength in the submission that one would not draw a
distinction as to how a PCN can be paid even where the PCNs are
provided by different parts of the same legislation.
The Appellant also makes the point that the inclusion of a web
address as the sole address for payment disfranchises a section
of the community from making payment in the only way that they
can do so. The same argument would apply even if the Authority
actually does enable postal payment but chooses not to provide a
postal address in the PCN, not least because it will be the same
section of the community which may not be able to ascertain the
postal address. The legislation had clearly envisages a postal
address when it was enacted and a "redefinition" with
significant impact, albeit in line with progress in electronic
communications, should be scrutinised by Parliament by way of a
legislative change.
There is strength in the Appellant's submissions. The Authority
has not made any submissions against it. I find that the PCN was
non-compliant. I allow the appeal.
***********
As for library photos?
#Post#: 18014--------------------------------------------------
Re: Tower Hamlets 33C - route restricted to buses and cycles,
Monier Road, London E3
DIR By: mishty
Date: March 21, 2024, 6:15 pm
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Thanks [member=24]Hippocrates[/member], that's interesting about
how the PCN not containing a postal address for payment might
have some weight. I wonder if it would have the same weight if
it was the only reason (like it sounds like it might be for my
PCN), as in that referenced PCN the council didn't defend itselt
and also sounds like it referred to a TMO being breached rather
than stating noncompliance with a sign. I can't seem to locate
the case on the tribunals site to find out the full detail, the
search function doens't seem to work so well over there. Will
try again tomorrow.
The reference to 'library photos' I think refers to the images
that can be seen on the 'taranto' portal of the car in
contravention, some of which are additional and not shown on the
paper PCN. The image is pasted below:
HTML https://i.imgur.com/1SqUNyk.png
#Post#: 18652--------------------------------------------------
Re: Tower Hamlets 33C - route restricted to buses and cycles,
Monier Road, London E3
DIR By: ivanleo
Date: March 31, 2024, 7:28 am
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[member=1279]mishty[/member] the full citation is Karine Reinton
v London Borough of Lewisham (2200527816, 14 January 2021)
HTML https://drive.google.com/file/d/1NTNv2jZjDe-B10I2X77X6dCdq1aoCejl/view,<br
/>I came up with the argument and argued it before Mr Chan.
Unfortunately many adjudicators don't like the argument, see
rows 677 to 687 here
HTML https://docs.google.com/spreadsheets/d/1pVrE76_RYY6bNmEpYGbsZkxtpfIeud_BT3SKfg7TzQM/edit?pli=1#gid=642784037&range=A677.
#Post#: 18653--------------------------------------------------
Re: Tower Hamlets 33C - route restricted to buses and cycles,
Monier Road, London E3
DIR By: Hippocrates
Date: March 31, 2024, 7:39 am
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[member=1]cp8759[/member]
I used your case v Lewisham last week but it was won on signage;
however, they insisted that the post option was available on
their PCN which it wasn't! 2240047190
#Post#: 18736--------------------------------------------------
Re: Tower Hamlets 33C - route restricted to buses and cycles,
Monier Road, London E3
DIR By: ivanleo
Date: March 31, 2024, 7:49 pm
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[member=1279]mishty[/member] so are you going to pay or appeal?
#Post#: 18827--------------------------------------------------
Re: Tower Hamlets 33C - route restricted to buses and cycles,
Monier Road, London E3
DIR By: mishty
Date: April 1, 2024, 2:58 pm
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I think I might not have a good chance at appeal, so will
relunctantly pay. Thank you for your help
[member=1]cp8759[/member] and [member=24]Hippocrates[/member]
#Post#: 126396--------------------------------------------------
Re: Tower Hamlets 33C - route restricted to buses and cycles,
Monier Road, London E3
DIR By: tanzislam
Date: July 31, 2026, 8:56 am
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hi mate i got a ticket too on Monier road did you appeal it and
did it work? thanks
#Post#: 126398--------------------------------------------------
Re: Tower Hamlets 33C - route restricted to buses and cycles,
Monier Road, London E3
DIR By: John U.K.
Date: July 31, 2026, 9:04 am
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--- Quote from: tanzislam link ---
>
> hi mate i got a ticket too on Monier road did you appeal it
and did it work? thanks
>
--- End Quote ---
You need to start your own thread - see
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
If you look at the post before yours you will see that mishty
decided to pay the PCN, which closes a case.
#Post#: 126400--------------------------------------------------
Re: Tower Hamlets 33C - route restricted to buses and cycles,
Monier Road, London E3
DIR By: Hippocrates
Date: July 31, 2026, 9:35 am
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--- Quote from: tanzislam link ---
>
> hi mate i got a ticket too on Monier road did you appeal it
and did it work? thanks
>
--- End Quote ---
Don't join The Mugged Club and contact me direct.
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