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#Post#: 33639--------------------------------------------------
Waltham Forest PCN 52M Failing to comply with prohibition on
certain types of vehicle (motor vehicles)
DIR By: fox10
Date: August 17, 2024, 9:03 am
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Hi
Hope you are all doing well.
My Father has just recived a PCN, please see below and kindly
advise. Any scope for appeal?
HTML https://i.postimg.cc/tg6h2Vnp/Whats-App-Image-2024-08-17-at-13-44-02.jpg
HTML https://i.postimg.cc/T1tmpVFq/Whats-App-Image-2024-08-17-at-13-44-29.jpg
HTML https://i.postimg.cc/RhSKSssZ/Whats-App-Image-2024-08-17-at-13-44-41.jpg
HTML https://i.postimg.cc/76MSy8NR/Whats-App-Image-2024-08-17-at-14-54-44.jpg
Many thanks
#Post#: 33641--------------------------------------------------
Re: Waltham Forest PCN 52M Failing to comply with prohibition on
certain types of vehicle (motor vehicles)
DIR By: fraser.mitchell
Date: August 17, 2024, 9:46 am
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No narrative/background information to accompany this request ?
So here's Langthorne Road at the mini-roundabout where your
father would have entered the section that is blocked off
towards Brierly Road.
HTML https://maps.app.goo.gl/HPw2RGKGHTDF4eUu6
Not the cul-de-sac sign.
Then shortly after he would have come to the closed road signs.
I think they look pretty clear and unequivocal.
HTML https://maps.app.goo.gl/tWq6WxFDqvnzYkTP7
So, two prominent "Flying Motorbike" signs, (=No entry for motor
vehicles), plus two large planters with one a sign saying 'Road
Closed', the other a sign advising what can pass the restriction
signs.
Yet the video shows your father driving past them without any
hesitation at all. OK, the video shows the signs on the opposite
sign, but if you take this to adjudication, the council will
state the signs are in postion and in good order. The test is
the civil test of "the balance of probabilities". No signs are
needed to indicate CCTV enforcement.
Anyway, wait a bit for others to comment, but don't miss any
deadline dates on the PCN. I have to say at the moment I see
nothing at all to form the basis of an appeal. But let's hear
from you as I suggested at the start of my reply.
#Post#: 33671--------------------------------------------------
Re: Waltham Forest PCN 52M Failing to comply with prohibition on
certain types of vehicle (motor veh
DIR By: fox10
Date: August 18, 2024, 3:27 am
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Thanks for the reply.
I spoke with my elderly father, who is a disabled badge holder,
about the situation. He mentioned that he was confused by the
presence of the plant pots and the signage, particularly because
he noticed a disabled badge symbol and it was wide enough for
cars to pass. Elsewhere in Leyton the road is properly blocked
off for cars like here:
HTML https://shorturl.at/ihmTe.
This led him
to believe he might be allowed to pass through. In hindsight, I
explained to him that the sign likely indicates that wheelchair
users are permitted to pass through the area only using their
wheel chair, rather than vehicles. Not sure if the council
expects wheel chair users to use their wheel chair in the middle
of the road.
#Post#: 33673--------------------------------------------------
Re: Waltham Forest PCN 52M Failing to comply with prohibition on
certain types of vehicle (motor vehicles)
DIR By: fraser.mitchell
Date: August 18, 2024, 4:58 am
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OK, thanks. Since these traffic measures came in, it is now
common to rely on CCTV enforcement, rather than physically
stopping-up the road, because emergency vehicles need access
using the shortest route from their station.
So I suggest you submit representations on the lines of being an
elderly BB holder, (maybe state age), who had not encountered
such barriers before, and was confused by the obvious available
passage past the "Road Closed " sign depite all the signs.
However, seeing the other green-background sign, opposite the
'Road Closed' he noticed that there was a wheelchair symbol on
it, so assumed BB holders were exempt from the ban on
motorvehicles, the sign saying "Road Open To" with the various
symbols below.
Post up a draft for comment here before submitting.
#Post#: 33676--------------------------------------------------
Re: Waltham Forest PCN 52M Failing to comply with prohibition on
certain types of vehicle (motor vehicles)
DIR By: fox10
Date: August 18, 2024, 6:16 am
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thanks, how is this:
Dear Sir/Madam,
I am writing to formally appeal the Penalty Charge Notice (PCN)
52M issued to my father, XXXXXX, on 16 August 2024. My father is
76 years old and holds a disabled badge.
On the day in question, my father encountered road restrictions
on Langthorne Road. As an elderly gentleman, he found the
signage and placement of plant pots confusing. He specifically
noticed a sign displaying a disabled badge symbol, which led him
to believe the route was accessible for vehicles with such a
badge. This confusion was further compounded by the fact that
the passage appeared wide enough for cars to pass through. In
other parts of Leyton, such as Edith Road, similar roads are
either fully blocked off or have a bollard in place, making it
clear that motor vehicles are not permitted.
My father is unfamiliar with such traffic measures and believed
he could proceed based on the disabled badge symbol on the green
background under the "Road Open To" sign, which was located
opposite the "Road Closed" sign. He now understands that the
symbol likely referred to wheelchair users rather than vehicles,
but at the time, the situation was unclear to him.
Given his age, the fact that he is a blue badge holder and the
genuine confusion caused by the signage, I kindly request that
you consider cancelling the PCN on compassionate grounds. My
father always strives to comply with road regulations and had no
intention of disregarding the restrictions.
Thank you for your understanding and consideration of this
appeal.
Yours faithfully
#Post#: 33678--------------------------------------------------
Re: Waltham Forest PCN 52M Failing to comply with prohibition on
certain types of vehicle (motor vehicles)
DIR By: fraser.mitchell
Date: August 18, 2024, 6:54 am
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Replace first sentence with this: -
"I am writing to submit representations against the Penalty
Charge Notice (PCN) 52M issued to my father, XXXXXX, on 16
August 2024 on the basis that the signage in place can cause
confusion to Blue Badge holders."
and this, after the penultimate sentence: -
"He now knows the nature of the restriction, therefore will not
make the same mistake again"
#Post#: 33721--------------------------------------------------
Re: Waltham Forest PCN 52M Failing to comply with prohibition on
certain types of vehicle (motor vehicles)
DIR By: fox10
Date: August 18, 2024, 12:21 pm
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Thanks will let you know how we get on.
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