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#Post#: 1621--------------------------------------------------
Re: PCN for entering into a pedestrian zone
DIR By: ivanleo
Date: July 20, 2023, 2:32 pm
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Traffic orders:
The Kingston upon Thames (Prescribed Routes) (No. 6) Traffic
Order 2013
HTML https://drive.google.com/file/d/1pY1ckGVZ_BhME1CNl410ttef5UjbQxYl/view?usp=sharing
The Kingston upon Thames (Prescribed Routes) (Amendment No. 44)
Order 2023
HTML https://drive.google.com/file/d/1iaURkPm5QHzt7H8qtWNH4E0jS7z2GxK3/view?usp=sharing
You could measure the distance from the party wall of numbers 1
and 3, I don't think the sign is 15 metres from there. If the
sign is in the wrong position, that's a breach of the
regulations.
#Post#: 1777--------------------------------------------------
Re: PCN for entering into a pedestrian zone
DIR By: dk007
Date: July 22, 2023, 12:33 pm
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Thanks, I have made the representation by post and kept a proof
of postage.
--- Quote from: cp8759 link ---
>
> Yes it's a good idea to type out the declaration stated on the
form, but don't use the actual forms.
>
> You can't do a combined representation online so it has to be
done by post. I won't go into loads of detail but there's a very
good reason to do it this way (normally I'd always say to do
everything online, but a case with multiple PCNs like this is an
exception).
>
--- End Quote ---
#Post#: 1778--------------------------------------------------
Re: PCN for entering into a pedestrian zone
DIR By: dk007
Date: July 22, 2023, 12:45 pm
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Sure, will do.
--- Quote from: cp8759 link ---
>
> Traffic orders:
>
> The Kingston upon Thames (Prescribed Routes) (No. 6) Traffic
Order 2013
HTML https://drive.google.com/file/d/1pY1ckGVZ_BhME1CNl410ttef5UjbQxYl/view?usp=sharing
> The Kingston upon Thames (Prescribed Routes) (Amendment No.
44) Order 2023
HTML https://drive.google.com/file/d/1iaURkPm5QHzt7H8qtWNH4E0jS7z2GxK3/view?usp=sharing
>
> You could measure the distance from the party wall of numbers
1 and 3, I don't think the sign is 15 metres from there. If the
sign is in the wrong position, that's a breach of the
regulations.
>
--- End Quote ---
#Post#: 3916--------------------------------------------------
Re: PCN for entering into a pedestrian zone
DIR By: dk007
Date: August 26, 2023, 3:49 pm
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Hi,
I have received reply for my representation and they have
rejected for all 3 PCNs.
Attached is the rejection letter.
Please could you advise next action on this?
Thanks
[attachment deleted by admin]
#Post#: 3969--------------------------------------------------
Re: PCN for entering into a pedestrian zone
DIR By: ivanleo
Date: August 27, 2023, 2:27 pm
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There are grounds to carry on, as far as I can see there are two
possible points:
1) The traffic order
HTML https://drive.google.com/uc?id=1iaURkPm5QHzt7H8qtWNH4E0jS7z2GxK3<br
/>creates a restriction "from a point 15.1 metres east of the
party wall of Nos. 1 and 3 Portland Road", which would be
towards the end of the school zig-zags:
HTML https://i.imgur.com/vZ8NWtn.png
However the signs are actually far close to the property
boundary than they should be, at less than 9 metres:
HTML https://i.imgur.com/Tl1FWjF.png
General direction 2 of Schedule 8 to the TSRGD provides that:
[indent]
2. An upright sign mentioned in paragraph 1 must be placed as
near as practicable to the point the restriction or prohibition
begins or ends.
[/indent]
It's not a sure thing, but this has won in a couple of prior
cases, such as:
Stanmore Quality Surfacing Ltd v City of London (2230256434, 12
July 2023)
HTML https://drive.google.com/file/d/12DH5F76jBQlKu2zwC0IAHZGs0oI5pRc4/view?usp=sharing
Michael Dempsey v London Borough of Enfield (2230348292, 26
August 2023)
HTML https://drive.google.com/uc?id=1gm5wYAaOUAoy98tzestBeUbQZq4M-dka
The other argument is that by saying this:
HTML https://i.imgur.com/22dbg7k.png
they have unlawfully fettered their discretion. They've been
asked to consider the circumstances as a whole and they're
telling us that they have refused to do so.
Lastly the grounds stated on the council website do not match
the legislation, not by a million miles:
HTML https://i.imgur.com/g9AMAH6.png
This has seen some recent success:
James Bettell v London Borough of Barnet (2180498755, 16 January
2019)
HTML https://drive.google.com/uc?id=1Dob-9BvSfv--ox4_r64Oi-Y_LWK9QkZx,<br
/>allowed
Tracey Allan v London Borough of Barnet (2180502295, 20 February
2019)
HTML https://drive.google.com/uc?id=1WDh9frRbKwG0H7fGUTqqqTBiACRKlNia,<br
/>refused
Sonya Karafistan v London Borough of Barnet (2230228494, 25 May
2023)
HTML https://drive.google.com/uc?id=1h3CIvjuWnDlvZiLQRbASX5YgCL4w-Uuy,<br
/>allowed
Martin Howley v London Borough of Ealing (2230274232, 29 June
2023)
HTML https://drive.google.com/file/d/1qmCoQoX_3YPGLXui9U0k6XehnVhCHPVE/view?usp=sharing,<br
/>allowed
None of these grounds are guaranteed to succeed, but you only
need to win on one point. You therefore need to decide whether
you want to carry on with the full amount in play, or pay now
and forfeit the right to appeal.
If you want to carry on, I'm happy to represent you.
#Post#: 4173--------------------------------------------------
Re: PCN for entering into a pedestrian zone
DIR By: dk007
Date: August 30, 2023, 5:27 pm
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Hi, Many thanks for taking time out to work out the possible
grounds. I would be grateful if you can represent me on this,
Please advise what do I need to do next.
#Post#: 4188--------------------------------------------------
Re: PCN for entering into a pedestrian zone
DIR By: ivanleo
Date: August 30, 2023, 6:35 pm
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I'll drop you a PM.
#Post#: 4223--------------------------------------------------
Re: PCN for entering into a pedestrian zone
DIR By: dk007
Date: August 31, 2023, 5:24 pm
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Thanks, Replied to the PM.
#Post#: 7472--------------------------------------------------
Re: PCN for entering into a pedestrian zone
DIR By: ivanleo
Date: October 15, 2023, 6:46 am
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Outcome
HTML https://drive.google.com/uc?id=1yEYO6x36lvjp0VoNLLIjFN2h4KjHsyCz.
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