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#Post#: 20133--------------------------------------------------
LB of Ealing Code 53J
DIR By: Twasbrillig
Date: April 21, 2024, 6:32 am
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Following on from my challenge to a PCN, I
received a Notice of Rejection of formal Representations. I have
11 days to pay the £65 or to further challenge at appeal.
I attach their letter and Notice of Appeal and notes for Appeal.
Should I take to Appeal?
(Please let me know if attachments are not visible).There are 5
pics.
[img]
HTML https://tinypic.host/album/AO0100956A.Dvtv5[/img]
#Post#: 20134--------------------------------------------------
Re: LB of Ealing Code 53J
DIR By: Twasbrillig
Date: April 21, 2024, 6:34 am
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HTML https://tinypic.host/album/AO0100956A.Dvtv5
#Post#: 20138--------------------------------------------------
Re: LB of Ealing Code 53J
DIR By: John U.K.
Date: April 21, 2024, 6:54 am
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--- Quote from: Twasbrillig link ---
>
>
HTML https://tinypic.host/album/AO0100956A.Dvtv5
>
--- End Quote ---
Not visible
#Post#: 20141--------------------------------------------------
Re: LB of Ealing Code 53J
DIR By: Twasbrillig
Date: April 21, 2024, 7:42 am
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HTML https://tinypic.host/album/PCN-AO100956A.DhlOx
Does this work?
#Post#: 20287--------------------------------------------------
Re: LB of Ealing Code 53J
DIR By: Twasbrillig
Date: April 22, 2024, 11:46 am
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Anybody there? :-\
#Post#: 20315--------------------------------------------------
Re: LB of Ealing Code 53J
DIR By: fraser.mitchell
Date: April 22, 2024, 2:05 pm
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--- Quote from: Twasbrillig link ---
>
> Anybody there? :-\
>
--- End Quote ---
People here have day jobs, y'know and may go on holiday
ocasionally.
You've given us no narrative at all and it took some time for me
to work out that you'd driven past a "Flying Motorbike" sign. I
see advance warning sign, a No Right Turn sign with times, and a
car passing a Flying Motorbike sign. You haven't posted your
representations, so please do so, or tell us why you think the
PCN should be cancelled.
#Post#: 20359--------------------------------------------------
Re: LB of Ealing Code 53J
DIR By: Twasbrillig
Date: April 23, 2024, 1:27 am
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I started my post on Pepipoo but since then the site has gone
down, that's the reason why all the info isn't here.
My challenge was:
"I was only 2 minutes away from the end of the prohibited time.
Is this not a 'de minimus' case?
Also I discovered that in another school street a few roads
away, the time ends at 09.15 so if I'd been in that road at
09.18 it wouldn't have mattered. I wonder why it's 9.15 in one
street and 9.20 in another in the same area?
I'm asking the council to exercise it's discretion and cancel
the ticket. I am local but was unaware of the new restriction,
had not seen any publicity about it. Unfortunately I missed
seeing the signs as they are placed high up. However now I'm
aware and will take care to observe the restriction.
Can you give me the reasons for the Order and the Order itself?
This restriction can only operate in term times, so the signage
is inadequate under Reg 18 LATOR 1996 because it doesn't state
"term times". Therefore the signage is deficient."
I have also enquired from the School Streets department of the
council as to which residents of the nearby streets received
notification of the pending time restrictions as it's a new law
that's been created. I received a map of the streets who were
informed. Residents on the south side of my street received
notification, the north side didn't which is the side I'm on. So
I was not made aware of the council's intention to put time
restrictions in the road. This is a new policy which I had not
seen advertised. I asked the council why the notifications were
not sent to the whole street I live in but haven't received a
response.
#Post#: 20363--------------------------------------------------
Re: LB of Ealing Code 53J
DIR By: fraser.mitchell
Date: April 23, 2024, 3:54 am
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The 2 minutes might win it for you, but the lack of notice
probably won't. Like all London councils, only the money counts
for them. If it were me, I'd take them to London Tribunals on
the 3 minutes and lack of notice, but in my opinion a win is not
guaranteed. However see what the others say, but don't miss the
deadline for payment of the discount if you decide not to fight
the PCN.
#Post#: 20413--------------------------------------------------
Re: LB of Ealing Code 53J
DIR By: Twasbrillig
Date: April 23, 2024, 12:49 pm
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Thank you for your response.
Were you able to read the NoR from the council?
They claim the signs are adequate. The fact that "in term times"
is omitted would that not amount to insufficient signage as the
restriction should not be effective when schools are closed.
#Post#: 20427--------------------------------------------------
Re: LB of Ealing Code 53J
DIR By: fraser.mitchell
Date: April 23, 2024, 3:30 pm
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Further to my last comment, there has been a recent case in
London where the adjudicator ruled in the appellants favour
because the sign did not reflect the Traffic Regulation Order
establishing the restriction, so if the TRO is specific that the
restriction only applies in term times, you could appeal on this
basis.
Councils have a duty in The Local Authorities’ Traffic Orders
(Procedure) (England and Wales) Regulations 1996 to place signs
that convey the restriction to motorists.(see Regulation 18
(1)(a))
HTML https://www.legislation.gov.uk/uksi/1996/2489/regulation/18
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