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#Post#: 22804--------------------------------------------------
Waltham Forest, code 52M Failure to comply with a prohibition on
certain types of vehicle, Blenheim Rd
DIR By: timoteus
Date: May 17, 2024, 5:41 am
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Hi all,
A few weeks ago a created a thread at
HTML https://forums.pepipoo.com
to seek advice regarding a PCN I received from Waltham Forest
for "52M Failure to comply with a prohibition on certain types
of vehicle", issued on 03/04/2024. Unfortunately their site
appears to have been down for several weeks now, so I am seeking
advice here instead.
The road in question was open to vehicles travelling in both
directions until 09-2023. Since that time, a restriction has
been put in place for vehicles (except cyclists) travelling
eastbound, which begins about 30m after the entrance to the
road.
It was the position of the signs that caused the confusion, as I
was not expecting restrictions to begin in the middle of the
road, which would cause vehicles legitimately entering the
street to have to perform a difficult U-turn in the middle of
the road in order to comply. There is also a "No-through road"
sign posted at the actual entrance, but is angled so that
vehicles turning right into Blenheim Rd from Blackhorse Lane
would not see it (as happened to me).
PCN attached:
HTML https://i.imgur.com/DP0zGPM.jpg
HTML https://i.imgur.com/V7bQhoX.jpg
HTML https://i.imgur.com/vkAweF5.jpg
HTML https://i.imgur.com/XelW348.jpg
Below are some photos of the street showing the available
signage:
HTML https://i.imgur.com/JLsSBGl.jpg
HTML https://i.imgur.com/Pmslnts.jpg
HTML https://i.imgur.com/70suaxH.jpg
HTML https://i.imgur.com/l9kTrBO.jpg
HTML https://i.imgur.com/Dk2t6hs.jpg
Based on the advise I received at PPP, the following informal
appeal was submitted on 15/04/2024:
--- Quote ---
> Dear London Borough of Waltham Forest
> Ref: PCN FR62082781
> VRM: HY16WXW
>
> I make these representations against the above PCN:
>
> 1. The signage at the entrance to Blenheim Road is
insufficient and inadequate. When travelling northbound on
Blackhorse Lane E17 and making a right turn into Blenheim Road,
there are no visible signs warning that there is restricted
entry further down Blenheim Road. The only sign at the entrance
which warns of "No Through Road" (Except Cycles) is positioned
at such an angle that it is not visible to drivers entering from
this direction. [Please see photo below]
> 2. The signage in Blenheim Road where the restricted entry
starts is not at the entrance to the road nor at any natural
junction. The prohibition signs, CCTV signs and a blue
information sign about Forest Road are positioned further than
30m from the entrance to Blenheim Road. This causes confusion
for any driver who having driven to this point without
contravening any regulations, and once having assimilated the
information on the various signs, is faced with an unexpected
U-turn type manoeuvre in an area of road constricted by parked
cars. Furthermore, the "No Entry" markings on the road itself
are confusing in conjunction with the signs, as they contradict
the right of cyclists and those using non-motorised forms of
transport to proceed.
>
> In light of the inadequate, perplexing, and confusing signage
I request that the PCN be cancelled.
>
> Yours faithfully,
> [redacted]
--- End Quote ---
At the beginning of last week, I received a notice of rejection
of the above appeal by post, allegedly sent on 06/05/2024
(though received only a few days ago). See attached below:
HTML https://i.imgur.com/Xow2rtv.jpg
HTML https://i.imgur.com/bwOPKGU.jpg
HTML https://i.imgur.com/Hz6oQbP.jpg
HTML https://i.imgur.com/pC6WGKo.jpg
HTML https://i.imgur.com/QMbiEeS.jpg
HTML https://i.imgur.com/Wv4jr3b.jpg
HTML https://i.imgur.com/ysZ3btL.jpg
(This was despite an automated reply from wfpcn@nsl.co.uk being
sent on 15/04/2024 clearly stating:
--- Quote ---
> Correspondence received by email before the Notice to Owner
has been issued will be responded to by email. Please ensure
that you check your Junk/Spam emails to ensure you do not miss
our response.
--- End Quote ---
I have 3 more days to either pay at the reduced amount or appeal
via the adjudicator. I am willing to go via the adjudicator
route and risk the additional £65 if there are grounds for
appeal with even a 50:50 chance of success, but if this case
looks hopeless I guess I will cough up. Grateful for any advice
I receive in this thread.
Many thanks!
#Post#: 23287--------------------------------------------------
Re: Waltham Forest, code 52M Failure to comply with a
prohibition on certain types of vehicle, Blenheim Rd
DIR By: ivanleo
Date: May 20, 2024, 5:34 pm
---------------------------------------------------------
Well here's the video:
HTML https://www.youtube.com/watch?v=h8bdYMMhDfs
Here's the traffic order:
The Waltham Forest (Prescribed Routes) (Winns Avenue Pennant
Terrace region) (No.1) Experimental Traffic Order 2023
HTML https://drive.google.com/file/d/1GUvqn8W6Fhz-HNdysI7JQFRvPcJKQk6u/view.
So why did you drive past the signs?
#Post#: 24178--------------------------------------------------
Re: Waltham Forest, code 52M Failure to comply with a
prohibition on certain types of vehicle, Blenheim Rd
DIR By: timoteus
Date: May 27, 2024, 6:12 pm
---------------------------------------------------------
--- Quote ---
> So why did you drive past the signs?
--- End Quote ---
The short answer is:
1. I didn't expect the street to be restricted as there were no
prohibitions the last time I was in the area
2. The signs were not posted at the entrance to the road where I
would have expected them to be, and the "no through road" sign
which was at the entrance to the street was angled so as not to
be visible when turning into the street from the direction I
came. I was checking for parking spaces at the point where I
drove past the signs.
Apologies for the late reply - for some reason I needed to be
logged in to view the response below. I have a London Tribunals
hearing set for 25th June.
#Post#: 24185--------------------------------------------------
Re: Waltham Forest, code 52M Failure to comply with a
prohibition on certain types of vehicle, Blenheim Rd
DIR By: ivanleo
Date: May 27, 2024, 6:39 pm
---------------------------------------------------------
--- Quote from: timoteus link ---
>
> Apologies for the late reply - for some reason I needed to be
logged in to view the response below. I have a London Tribunals
hearing set for 25th June.
>
--- End Quote ---
[member=1768]timoteus[/member] then all you need to do is wait
and see if the council contests the appeal. If they don't, you
win by default. If they do, you want to let us know asap.
You can check if the case has been contested by checking for the
council evidence on the tribunal portal at
HTML https://londontribunals.org.uk/
HTML https://londontribunals.org.uk/,
once it's uploaded a series of
PDF files plus the video file will appear.
If they upload the evidence very shortly before the hearing, you
can simply call up the tribunal hearing centre and ask for a
reschedule (you get up to two reschedules of up to 28 days each,
no questions asked).
Also make sure your comms preference with the tribunal is set to
email and not post, if it's post you'll need to call them up to
change it.
#Post#: 24422--------------------------------------------------
Re: Waltham Forest, code 52M Failure to comply with a
prohibition on certain types of vehicle, Blenh
DIR By: timoteus
Date: May 29, 2024, 4:53 pm
---------------------------------------------------------
Looks like they have uploaded the video footage (same file you
had posted the link to earlier [member=1]cp8759[/member]), but I
can't see any other uploads yet besides what I uploaded myself
on 19th May:
HTML https://i.imgur.com/imqfCan.jpg
#Post#: 24426--------------------------------------------------
Re: Waltham Forest, code 52M Failure to comply with a
prohibition on certain types of vehicle, Blenheim Rd
DIR By: ivanleo
Date: May 29, 2024, 5:28 pm
---------------------------------------------------------
[member=1768]timoteus[/member] when's the hearing?
#Post#: 24427--------------------------------------------------
Re: Waltham Forest, code 52M Failure to comply with a
prohibition on certain types of vehicle, Blenheim Rd
DIR By: timoteus
Date: May 29, 2024, 5:34 pm
---------------------------------------------------------
--- Quote ---
> when's the hearing?
--- End Quote ---
25th June
#Post#: 24762--------------------------------------------------
Re: Waltham Forest, code 52M Failure to comply with a
prohibition on certain types of vehicle, Blenheim Rd
DIR By: ivanleo
Date: June 2, 2024, 4:02 pm
---------------------------------------------------------
You'll just have to check the tribunal portal once a week or so,
in the last 10 days before the hearing check every day. If the
rest of the evidence pack appears let us now right away.
If the evidence appears in the last 3 / 4 days before the
hearing, or if you put a post on here and there is no timely
reply (sometimes we're busy), call the tribunal call centre and
postpone the hearing by 28 days. You can move the hearing
administratively as long as you call at least the day before the
hearing.
#Post#: 27463--------------------------------------------------
Re: Waltham Forest, code 52M Failure to comply with a
prohibition on certain types of vehicle, Blenh
DIR By: timoteus
Date: June 25, 2024, 8:37 am
---------------------------------------------------------
Apologies for the late update:
A couple of weeks ago I received the letter below from the
council stating they did not wish to contest the appeal:
HTML https://i.imgur.com/6rj5ZMd.png
The tribunal site confirms this decision, so there is no need
for today's hearing.
Thanks for your assistance!
#Post#: 27569--------------------------------------------------
Re: Waltham Forest, code 52M Failure to comply with a
prohibition on certain types of vehicle, Blenheim Rd
DIR By: LividFromE17
Date: June 26, 2024, 10:54 am
---------------------------------------------------------
:o
Interesting. But good for you!
I wonder why they didn't contest this as I can't see anything
immediately obvious. Could it have been some other issue like
staffing?
I'm checking this post as I received one on the next road -
Tavistock Avenue where the modal filter is exactly the same. I'm
really cross with myself as they seem crystal clear on the CCTV,
but when driving I was completely oblivious, probably due to
scanning beyond them for a parking spot.
It's often worth a shot appealing a PCN, but not sure my 'didn't
see them' would cut it! Yet here we are - an uncontested win!
Anyone have any insight as to why they didn't contest, was this
just good fortune for the recipient? Should I quote this one?
Not sure it sets a precedent or not.
I will post mine own on another thread so we can compare
outcomes.
Many thanks in advance.
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