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#Post#: 22726--------------------------------------------------
LB of Brent - 53 - Kempe Rd j/w Chamberlayne Rd - Failing to
comply with pedestrian zone (school).
DIR By: JimmyM
Date: May 16, 2024, 11:29 am
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Good afternoon,
I received a PCN for the alleged contravention of entering Kempe
Road from Chamberlayne Rd NW10 when access was restricted to
specific times.
I was bemused at getting the PCN and attended the location to
see where I'd gone wrong. The area was subject to extensive
roadworks and has been for some time and the traffic flow on
Chamberlayne Road was controlled by temporary traffic lights.
As I looked North from the j/w Harvist Rd it was clear that
there was no advance signage of the no right turn into Kempe
Road. In fact the sign that was on the west kerb was turned
round 180 degrees and was facing in the wrong direction and only
traffic travelling South would see it. Due to the ATS
controlling traffic flow the northbound traffic had to travel
north in the south carriageway. Buses were stacked up as
Chamberlayne Rd hosts routes 6, 28, 52, 302 and 452 - these are
double deckers. The route 187 also uses the route albeit it's a
single decker. So it would seem that I turned into the road
with no advance warning and from my driving position (right hand
drive) I was close to east kerb and so with the acute angled
view into the junction the signage in the mouth of the junction
of Kempe Road is effectively side on to my vision.. The signage
would benefit from being 'toed in' slightly to assist drivers.
Having been successful at Tribunal with a TFL matter (red route
in Camden) I sent in my reps satisfied that my photos and
mitigation would make Brent see sense. I have today (day 52)
received their NoR.
I doubt they've even read the reps and there may well have been
a procedural impropriety with the original PCN that I missed
(the confusing 'now payable before the end of 28 days beginning
with the date of this notice and the second sentence starting
'date of service is considered to be two working days).
Anyway, I feel that I have a good case at Tribunal but happy to
be corrected.
And apologies with the tight time scales!
PCN
HTML https://drive.google.com/file/d/1Tx1100OPU81xvTTRz_YxhLt4H0vunXcp/view?usp=sharing
HTML https://drive.google.com/file/d/1UKhtDNLcSrRW0YeNctBAW_VD4wWxqrRT/view?usp=drive_link
HTML https://drive.google.com/file/d/1UCuGAxRuwdut-5Cb7L-25_qrxA_KuMeN/view?usp=drive_link
NoR
HTML https://drive.google.com/file/d/1TqR3H_cdC0mE8Rb_QwR-pxVlpaOcrfDQ/view?usp=drive_link
HTML https://drive.google.com/file/d/1UCaKCFt3-rzjQ3xrtUXdDuAZ6C77-wg-/view?usp=drive_link
HTML https://drive.google.com/file/d/1U9BurllHBoMcJeknRaBKQ5eZvAsM4B6H/view?usp=drive_link
HTML https://drive.google.com/file/d/1TzOF65RJJ_R9qLeE64vNqwd2QXJmYAkb/view?usp=drive_link
The pics that Brent have used date from October 2023 and the
positioning is not from where I would enter the road.
Google maps image.
HTML https://maps.app.goo.gl/VbmFrKcQGj95zg2S9
I will post my reps on a second post as this is getting too
long.
Many thanks for looking!
Kind regards,
James.
[attachment deleted by admin]
#Post#: 22727--------------------------------------------------
Re: LB of Brent - 53 - Kempe Rd j/w Chamberlayne Rd - Failing to
comply with pedestrian zone (school).
DIR By: JimmyM
Date: May 16, 2024, 11:34 am
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Here are the reps that I made.
Your Notes: Alleged contravention - 01.03.2024 Processed
08.03.2024 Received 12/13.03.2024 On receiving the PCN I
revisited the location of the alleged contravention and note the
extensive roadworks on the northbound carriageway of
Chamberlayne Road between Mortimer Road, Mostyn Gardens and
Bolton Gardens. The junction of Kempe Road is within these
roadworks. I have taken a number of photographs of the area but
I am limited to three (3) files for you to consider. Photo 1
looks northbound on Chamberlayne Road and has a 20 mph roundel
but no 'no right turn sign' indicating that there is a
restriction in place. The large black rectangular sign above the
warning triangles on the pavement is a 'no right turn sign' but
is facing the wrong way. Photo 2 details a view if I were held
at a red traffic light signal - in fact, I would be further over
to the right hand side as I was unable to use this position with
traffic present. The angle to view the additional signage on
Kempe Road is far too tight to even see as it is effectively
side on and not angled in for the benefit of traffic traveling
north. Photo 3 is a further demonstration of the tighter angle
as I would have been driving North on the southbound carriageway
once the lights allowed me to proceed.
HTML https://www.gov.uk/guidance/the-highway-code/traffic-signs
The
www.gov link details the signage that should be present for
signs giving orders such as a no right turn - a roundel with a
red outer and and a right turn struck through diagonally at 45
degrees. There was no such sign on Chamberlayne Road on the
approach to Kempe Road to warn motorists of the restriction.
Additionally the signage at the mouth of the junction is such
that the angle it is mounted at prevents oncoming traffic from
seeing it and this is compounded as I was effectively driving on
the wrong side of the road. The only no right turn sign was on
the large, black rectangular sign near the warning triangles but
this was facing the wrong direction. Traffic in the area was
extremely bad and looking back on social media to try and recall
why I was even there I remembered that the junction of Salusbury
Road and Harvist Road was having electrical works done and the
place was gridlocked. Chamberlayne Road is also a major bus
route with the 6, 28, 52, 187, 302 and 452 all travelling North
on Chamberlayne Road - these have frequently been stacked up at
the lights at the roadworks and being stuck behind a bus limits
one's vision of signage (if it were there). Taking all the above
into account I hope that Brent Local Authority will see that the
signage at the location was insufficient and that the prevailing
traffic conditions caused by the roadworks were such that the
PCN should be cancelled. I have additional photographs of the
area should you wish to view. Many thanks, James.
Uploaded Evidence:
20 limit - further out in road.jpg
View if held at red light.jpg
View moving north on south carraigeway .jpg
[attachment deleted by admin]
#Post#: 22730--------------------------------------------------
Re: LB of Brent - 53 - Kempe Rd j/w Chamberlayne Rd - Failing to
comply with pedestrian zone (school).
DIR By: fraser.mitchell
Date: May 16, 2024, 11:53 am
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Please release your 'drive' files; they are currently private.
#Post#: 22732--------------------------------------------------
Re: LB of Brent - 53 - Kempe Rd j/w Chamberlayne Rd - Failing to
comply with pedestrian zone (school).
DIR By: JimmyM
Date: May 16, 2024, 12:32 pm
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I thought I'd attached the PCN pictures as well as the link. I
will add the NoR ones.
Do the original PCN ones appear or is a case you need them
unlocked for a more detailed view.
James.
#Post#: 22733--------------------------------------------------
Re: LB of Brent - 53 - Kempe Rd j/w Chamberlayne Rd - Failing to
comply with pedestrian zone (school).
DIR By: JimmyM
Date: May 16, 2024, 12:53 pm
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Fingers crossed.
HTML https://drive.google.com/drive/folders/1JCTkDBjsE-8-PPjRAPpmCCOfqgySWfMh?usp=drive_link
If this doesn't work I will accept your request for access.
#Post#: 22749--------------------------------------------------
Re: LB of Brent - 53 - Kempe Rd j/w Chamberlayne Rd - Failing to
comply with pedestrian zone (school).
DIR By: fraser.mitchell
Date: May 16, 2024, 4:32 pm
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It is quite clear that the signage is the issue here. If the
advance sign is missing you need a photo to show this absence.
Even if it were there, by being forced to travel in the opposite
lane means it is likely you would have missed it anyway
I just looked at the video, and the sign on the right is twisted
round so you wouldn't be able to read it, but the other sign
looks OK.
My opinion is that you have a strong case to take to London
Tribunals. OK, you'll have to risk the full PCN penalty but
they seem not to have taken the road works situation into
account in any way at all. Of course, as we all know on this
forum, they only want your money.
#Post#: 22775--------------------------------------------------
Re: LB of Brent - 53 - Kempe Rd j/w Chamberlayne Rd - Failing to
comply with pedestrian zone (school).
DIR By: JimmyM
Date: May 17, 2024, 3:15 am
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Thanks Incandescent - this was my initial thinking. I have
additional photos showing the lack of designated signage. It's
now more correspondence and a day off work when Brent should
have just cancelled it. But as we know many people just pay up.
Thanks again and I'll add developments as/when they happen. :)
#Post#: 23276--------------------------------------------------
Re: LB of Brent - 53 - Kempe Rd j/w Chamberlayne Rd - Failing to
comply with pedestrian zone (school).
DIR By: ivanleo
Date: May 20, 2024, 4:45 pm
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--- Quote from: JimmyM link ---
>
> It's now more correspondence and a day off work when Brent
should have just cancelled it. But as we know many people just
pay up.
>
--- End Quote ---
It shouldn't take a day off work as the tribunal does telephone
hearings and they have slots from 8 am to 7:30 pm, and they even
hear cases on Saturday mornings.
You also have to decide whether you want to be represented or
whether you want to represent yourself, either option is open to
you.
What you must not do is request a decision on the papers, as
that risks ending in disaster.
#Post#: 23280--------------------------------------------------
Re: LB of Brent - 53 - Kempe Rd j/w Chamberlayne Rd - Failing to
comply with pedestrian zone (school).
DIR By: mrmustard
Date: May 20, 2024, 4:53 pm
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The sign says only lorries may load. The traffic order says any
vehicle can. I have at least 2 winning tribunal decisions on
this. Email me at mrmustard@zoho.com for free representation, i
am at the tribunal in person every week.
#Post#: 23282--------------------------------------------------
Re: LB of Brent - 53 - Kempe Rd j/w Chamberlayne Rd - Failing to
comply with pedestrian zone (school).
DIR By: Hippocrates
Date: May 20, 2024, 5:02 pm
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Please accept mrmustard's offer: The second Musketeer! ;D
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