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#Post#: 39851--------------------------------------------------
Hackney 53 - Failing to comply with a restriction on vehicles
entering a pedestrian zone
DIR By: Nick325i
Date: October 8, 2024, 10:28 am
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Second time now I have been caught out by this. I find it tricky
to read and process the signs times whilst you are turning and
have people behind you. On this occasion i just needed to pull
over as there was what I thought was a wasp in the car. Hackneys
video shows me pull over immediately in the first space. I then
stop to sort out the wasp (turned out it wasn't in the end) and
i did a u-turn and left the road. I gained no advantage to going
in there, I just didn't want to stop on a main road and on
double yellow lines. Also the sign I was looking at was partly
covered by tree leaves albeit there was another on the other
side of the road.
I am not sure any of this warrants an appeal but that is what
happened and was going to use this as representation unless
anyone can see something I cannot?
HTML https://ibb.co/FqGFrHc
HTML https://ibb.co/P4GhF4X
HTML https://ibb.co/rpr9yzV
HTML https://ibb.co/PYR6zM7
#Post#: 39863--------------------------------------------------
Re: Hackney 53 - Failing to comply with a restriction on
vehicles entering a pedestrian zone
DIR By: fraser.mitchell
Date: October 8, 2024, 11:44 am
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You've redacted too much ! The sole evidence of the alleged
contravention is the video, and to see it, we need the PCN
Number and the car registration.
If you'd stopped on double-yellows, it's unlikely you would have
got a PCN, because these have to be served by a CEO on foot.
Here, you passed the sign, and all these can be, and are,
enforced using CCTV. It's money for old rope for them,
basically.
#Post#: 39923--------------------------------------------------
Re: Hackney 53 - Failing to comply with a restriction on
vehicles entering a pedestrian zone
DIR By: Nick325i
Date: October 9, 2024, 3:50 am
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I know. Stopping on those yellows would have caused traffic on
the main road but yes I get your point. Apologies, PCN No.
QZ17804411
Reg: NJ69 WFS
#Post#: 39928--------------------------------------------------
Re: Hackney 53 - Failing to comply with a restriction on
vehicles entering a pedestrian zone
DIR By: stamfordman
Date: October 9, 2024, 4:14 am
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Well they can use discretion owing to your wasp story and
reversing out and we can also look at visibility of signs when
turning left as cases are won on this. This is a timed school
street restriction.
It's also signed as a dead end.
HTML https://i.imgur.com/6ny3HYi.gif
#Post#: 39929--------------------------------------------------
Re: Hackney 53 - Failing to comply with a restriction on
vehicles entering a pedestrian zone
DIR By: fraser.mitchell
Date: October 9, 2024, 4:20 am
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+1
OK, I've also had a look at the video, and it shows you turning
left and passing the restriction signs that are mounted at a
"sky height" level.
Here is the view as you approach on Shacklewell Lane: -
HTML https://maps.app.goo.gl/aAd7uNptEw3qKSSw8
As you can see the LH sign is hidden by the tree foliage. The
other sign is visible. The only problem is that it is 20 mph
here so in theory, plenty of time to see the sign and not drive
into the street. Obviously you can submit reps based on your
narrative here. You would need to emphasise the wasp
distraction.
Would this be a winner at London Tribunals ? I don't think so,
because the wasp distraction is mitigation and adjudicators are
barred from considering it. Would Hackney cancel ? They may, so
why not submit reps based on your narrative, and also the
obscuration of the LH sign, and its very high position.
#Post#: 39943--------------------------------------------------
Re: Hackney 53 - Failing to comply with a restriction on
vehicles entering a pedestrian zone
DIR By: Nick325i
Date: October 9, 2024, 5:11 am
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Thank you all. I will give it a go. I just find these signs are
to process in a short time. That may be my ADHD!
#Post#: 39953--------------------------------------------------
Re: Hackney 53 - Failing to comply with a restriction on
vehicles entering a pedestrian zone
DIR By: stamfordman
Date: October 9, 2024, 5:40 am
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Post a draft here first.
#Post#: 39957--------------------------------------------------
Re: Hackney 53 - Failing to comply with a restriction on
vehicles entering a pedestrian zone
DIR By: Nick325i
Date: October 9, 2024, 5:52 am
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I am writing to formally challenge the Penalty Charge Notice
(PCN) which was issued to me for turning into a restricted road
at xxx on xxx.
While I acknowledge that I entered the restricted road, I would
like to raise the following points for your consideration:
Distraction Due to Perceived Emergency: I only turned on that
road I was distracted by what I believed was a wasp in the car.
Given the busy traffic and the fact that stopping on the main
road with double yellow lines was not safe, I made the decision
to pull over into the first available space, which was on the
restricted road. Once I determined that there was no wasp and it
was a very big fly, I immediately turned around and exited the
restricted area without gaining any advantage from being there.
Signage Obscuration: The sign indicating the restriction on the
left-hand side of the road was partially covered by tree
foliage, impairing its visibility. Although there was a second
sign on the opposite side of the road, this made it difficult to
process both signs while making the turn. I would like to
highlight that the position and obscuration of the sign did not
provide clear and unambiguous guidance to drivers. Please refer
to the video footage).
Difficulty Processing Signs: As a person with ADHD, I sometimes
find it challenging to quickly process lengthy and detailed
signs while driving, particularly in situations where I need to
make a turn from a busy road. The time available to read and
fully comprehend the restrictions was insufficient, especially
considering the complexity of the sign, the presence of traffic
behind me and what I perceived at the time as an emergency.
No Intent or Benefit: I did not enter the restricted road to
avoid traffic or gain an advantage. My actions were purely
driven by the need to handle an emergency and to ensure road
safety. I promptly corrected the situation by exiting the road
once it was safe to do so.
Given these circumstances, I respectfully request that you
reconsider the issuance of this PCN. I hope you will take into
account the combination of obscured signage, the difficulty in
processing the sign's information in a short period of time, and
my immediate corrective actions. I kindly request that you
cancel this charge.
Thank you for your understanding and consideration. I look
forward to your response.
#Post#: 39975--------------------------------------------------
Re: Hackney 53 - Failing to comply with a restriction on
vehicles entering a pedestrian zone
DIR By: stamfordman
Date: October 9, 2024, 6:54 am
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I would add in the first distraction point:
Please note that Shacklewell Row is a dead end and my journey
was from [A] to [B]. I had no reason to turn in for any other
reason and was only briefly inside the signs.
#Post#: 43108--------------------------------------------------
Re: Hackney 53 - Failing to comply with a restriction on
vehicles entering a pedestrian zone
DIR By: Nick325i
Date: October 30, 2024, 6:09 am
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Just had a response from Hackney and its not in my favour. Is it
worth even appealing this?
Notice of Rejection of representations
PENALTY CHARGE NOTICE NUMBER: QZ17804411
VERIFICATION CODE
VEHICLE REGISTRATION: NJ69WFS
LOCATION OF CONTRAVENTION: Shacklewell Row
DATE OF CONTRAVENTION: 02 October 2024
TIME OF CONTRAVENTION: 15:23
NATURE OF CONTRAVENTION:
53 - Failing to comply with a restriction on vehicles entering a
pedestrian zone
Thank you for writing to us.
We have carefully considered what you say but we have decided
not to cancel your Penalty Charge Notice.
We sent you a Penalty Charge Notice because our CCTV camera
evidence shows your vehicle entering a pedestrian
zone when it was not allowed to. There is a white, rectangular
sign which says 'Pedestrian and Cycle zone' and shows
the rules.
Restriction Sign 619 - Conforming to TSRGD schedule 3, part 2.
Signs that are red and circular give orders that must be obeyed
and this sign indicates that no motor vehicles are
permitted beyond this point.
The location where the contravention took place has been checked
and the signs and road markings are correct and
compliant with the Traffic Signs Regulations and General
Directions (TSRGD) 2016 and The Traffic Management Act
2004. The Traffic Signs Regulations and General Directions
(commonly abbreviated to TSRGD) is the law that sets out
the design and conditions of use of official traffic signs that
can be lawfully placed on or near roads in Great Britain
(England, Scotland and Wales) and the Isle of Man. The Traffic
Signs Manual is a companion guide to the TSRGD
29/10/2024 71J414
which sets out dimensions and other details for using the
authorised signs and markings. We have a statutory obligation
to ensure all road signage is compliant.
The Pedestrian and Cycle Zone signs that have been erected at
the entrances to the scheme is a standard sign
governed by the Department for Transport and is deemed legible
from a moving vehicle. The pair of signs erected at the
entrances to the schemes are deliberately large as the
information on them, e.g. operating days and times, exemptions,
has to be clearly displayed to motorists; this should ensure
they do not inadvertently contravene the restrictions.
Please be advised that the signs at the entrance to the zone
clearly state "Pedestrian and Cycle Zone No Motor
Vehicles Monday to Friday 8:30 – 9:30am, and 3 – 4pm except
permit holders SS43".
Furthermore, there is a restriction sign that shows that certain
motor vehicles are not allowed in the pedestrian zone
during the times stated on the signage. The scheme is designed
to enhance air quality and the street environment and
also to improve road safety at the busiest times of the school
day.
After reading your letter we have taken into consideration what
you have stated, although we sympathise with what you
have stated it remains the responsibility of the driver/motorist
to always observe and obey all traffic signs and
instructions as it is important to ensure that they comply with
the traffic regulations.
You have these choices:
You can pay the discount charge of £65.00. You have 14 days from
the date of this letter being served to do this.
You can pay £130.00 if you miss the discount period. You have 28
days from the date of this letter being served to
do this.
If you wish to appeal, please read the guidance notes attached
to the appeal form enclosed with this letter. You
can make your appeal online at the following address
www.londontribunals.gov.uk. Please ensure that you quote
the unique appeal verification code stated on this Notice of
Rejection and follow the online instructions on how to
complete your appeal. Alternatively, you can complete the Appeal
Form enclosed with this letter (please read the
guidance notes before completing it) and send your appeal to the
Environment and Traffic Adjudicators (ETA) at
the address stated on the form. Please do not send the appeal
form to us. For any enquiries about your appeal,
please visit the London Tribunals website at
www.londontribunals.gov.uk. The adjudicator will consider your
appeal and make a final decision. Please note that an
adjudicator can not allow an appeal on the basis of
mitigating circumstances but may refer the case back to the
authority for further consideration. An adjudicator can
not normally award costs but may do so if he considers that
either party has acted frivolously, vexatiously or wholly
unreasonably. The directions of an Adjudicator must be complied
with forthwith.
If you do nothing
If, after 28 days, you have taken no action, we may send you a
Charge Certificate increasing the charge from £130.00 to
£195.00. You will then have 14 days to pay the increased charge.
If, after the 14 days, you have not paid the increased
charge, we may apply to the County Court to recover the money -
plus court costs - from you.
How to pay:
Online (PCNs starting with QZ) go to
www.hackney.gov.uk/parking-fines by following the payment links.
By phone (PCNs starting with QZ) 020 8629 1232 (24 hours) using
a Visa, MasterCard, Maestro or Visa Electron
card.
By post Please make your cheque or postal order payable to
'London Borough of Hackney', write your PCN
number (see above) on the back, then send it to: Representations
and Appeals, PO box 76121, London, E5 5FG.
Please do not send cash through the post.
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