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#Post#: 25038--------------------------------------------------
Re: Pedestrian Zone-camera enforcement
DIR By: ivanleo
Date: June 5, 2024, 1:56 pm
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My general view is that if you have a strong case, the council
and the discount can both go and take a hike.
Anyway, the original TMO was The Lambeth (Prescribed Routes)
(No. 11) Traffic Order 2022
HTML https://drive.google.com/file/d/17gt2F1VdmIKIqjLZB0XRHCvYVGSpmgdk/view<br
/>but that has since been replaced by The Lambeth (Moving
Traffic
Restrictions) Order 2024
HTML https://drive.google.com/file/d/1nC87Pjpcniq57Nv8Qqe9wlGUWRfauoG9/view,<br
/>the map tiles for which are here
HTML https://drive.google.com/file/d/1mQJtTZu4OUorjwiFXVKAArv1RtLWTN30/view,<br
/>the relevant map tile is number 151 (which is on page 161 of
the
PDF file).
The only issue I can see is that the notice of rejection
purports to fetter the adjudicator's discretion be removing his
power to decide the case based on circumstances outside of your
control, which can amount to a legal defence. Circumstances
outside your control are not necessarily mitigation, for
instance duress of circumstances. However we really are scraping
the bottom of the barrell here, I'm not sure I'd risk the
discount on that alone.
#Post#: 25067--------------------------------------------------
Re: Pedestrian Zone-camera enforcement
DIR By: gumph69
Date: June 5, 2024, 5:28 pm
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My alleged contravention was 29 April
At the top of the new order, The Lambeth (Moving Traffic
Restrictions) Order 2024, it states:
Coming into force:- 27th April 2024
However, in the first point it states:
Citation and commencement
1. This Order may be cited as the Lambeth (Moving Traffic
Restrictions) Order 2024 and shall come into force on 29th April
2024.
To my untrained eyes, the Order is very different to The Lambeth
(Prescribed Routes) (No. 11) Traffic Order 2022, which it has,
if I understand correctly, replaced
The original order cites Part IV of Schedule 9 to the Road
Traffic Regulation Act 1984(a); the recent TMO cites the Local
Government Act 1972, or section 19 of the Local Government Act
2000
There is no mention of school streets nor of the type or
requirements of signage, which is the point brought up on this
forum by guest17
The only passage that refers to pedestrian zone is “pedestrian
and cycle zone” has the same meaning as in the 2016 Regulations
It also states:
(1) during the hours of operation of that no vehicles
prohibition.
(2) during the hours of operation of that play street no
vehicles prohibition.
I do not know if any of the above is helpful. The signage
argument offered by guest17, specifically mentioning that the
restriction only applied during term times only seems well
backed-up by the case involving Camden
I will await your replies. I have heard nothing from Lambeth in
regards to my request for the Order. I appreciate that I now
have access to it (them), but if Lambeth just ignores the
request, could that not disqualify the prosecution?
Thank you
#Post#: 25432--------------------------------------------------
Re: Pedestrian Zone-camera enforcement
DIR By: ivanleo
Date: June 9, 2024, 5:25 pm
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[member=294]gumph69[/member] if your alleged contravention had
been at some point on the 27th or 28th, then the commencement
date issue might have made this much easier, but I'm not sure
there can be any real doubt that by 29th the new order had come
into force.
The new order is made under the Road Traffic Regulation Act
1984, Lambeth's failure to respond to your information request
could be used to pursue a complaint to the Information
Commissioner but only if you first seek an internal review, and
even then the ICO can only compel Lambeth to provide you the
orders you have already, none of that has any impact at all on
the PCN.
Of course it's always possible that the council might mess
things up, for instance by providing the wrong order, but as
always it would be somewhat of a gamble to appeal just on the
basis that the council might mess up the evidence pack.
If however you want to take your chances, it is your absolute
right to appeal anyway.
#Post#: 25625--------------------------------------------------
Re: Pedestrian Zone-camera enforcement
DIR By: gumph69
Date: June 11, 2024, 3:34 pm
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Thank you, Wizard
It doesn't seem very prudent to count on the Council, even
though it is Lambeth, making a major clerical error in order to
win this. Of course, they might never send me either Order
I have to decide tonight as the rejection was dated 28/5
I thought when I read guest17's contribution at the top (May
11), arguing that the sign was defective, even citing a case to
that effect (sign not stating that it is only in force during
school terms), that it was spot on, but you have not mentioned
it
I also suppose the fact that the school had been out 35 minutes
before I drove by and that the road was completely clear of any
pedestrians, doesn't matter a hoot
So, it is double-or-nothing
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