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#Post#: 42368--------------------------------------------------
Redbridge Borough, Code 33J using certain vehicle restricted
route, Clements Road, Ilford
DIR By: pcnftla
Date: October 25, 2024, 11:17 am
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Hi All,
Thank you for taking time to review this.
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I took a Bus,taxi-ONLY-road by mistake and have been issued a
PCN for it. The PCN: (
HTML https://imgur.com/a/BNCKAiy)
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Going back and analysing the road on Street View, it seems:
- The main road suddenly converts into a Bus-ONLY Road, without
adequate warning signages - the only way is to take a the narrow
off-road from the main road to circumvent this. Otherwise we are
stuck in the road which becomes a bus lane suddenly without able
to move out of it (
HTML https://maps.app.goo.gl/Qqe9rmKJcv1BuHg37
HTML https://maps.app.goo.gl/Qqe9rmKJcv1BuHg37)
After this sign, (which itself is small and confusing), the next
sign is on the road which is after the leaving road, and is too
late to correct.
- The sign only visible for people already on Clements Road and
is not visible from approaching Clements Road From Kenneth Road
(
HTML https://maps.app.goo.gl/cdNvdj65vN91uimo9)
Once I realised I was on the wrong lane, it was too late. I took
a left out of this street immediately after this picture was
taken.
- Location where the camera has captured the image:
(
HTML https://maps.app.goo.gl/YfqJFFg1rKapBoUi7)
This is too late as it is not possible to make a safe exit at
this point. This is also not a lane where one can move over to
the next one.
Also, the first image seems to not have been captured well - it
appears black on the print out I am provided with.
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Let me know if you need more details - I am happy to provide
more context if that helps.
PCN: AF99339121 Website:
HTML https://my.redbridge.gov.uk/parkingpcn/
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Thanking you in advance
#Post#: 42373--------------------------------------------------
Re: Redbridge Borough, Code 33J using certain vehicle restricted
route, Clements Road, Ilford
DIR By: stamfordman
Date: October 25, 2024, 11:50 am
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This is a very common site for tribunal appeals.
Most seem to be lost but some won on quality and positioning of
signs - glare on left hand sign, foliage, on bend...
One ground that should win and has is that the PCN just says
route restricted to certain vehicles, but not what they are.
The problem is though that both the allowed appeals were by one
adjudicator known for being helpful but others are also
receptive.
HTML https://i.imgur.com/A41hWv5.gif
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2230451870
Mr Johnson has attended the hearing today by telephone.
This PCN was issued for the alleged contravention of using a
route restricted to certain vehicles in Clements Road.
A PCN is required to state the grounds on which the enforcement
authority believes that the penalty charge is payable. Those
grounds must be expressed in terms that allow the recipient of
the PCN to properly understand the nature of the alleged
contravention.
The Council says that this is a route restricted to buses, taxis
and cycles only. This is not, however, clear on the face of the
PCN which states simply that the vehicle used a route restricted
to certain vehicles.
A motorist reading the PCN would not understand from the wording
the nature of the alleged contravention because there is nothing
to explain that the route is restricted to buses, taxis and
cycles only. The PCN needs to explain, whether by wording or
images, exactly what the prohibition is. Although there is an
image on the face of the PCN, it is impossible to see any
restrictions from this.
I therefore find that the PCN was invalid.
The CCTV footage from the Council shows that the vehicle was
stopped immediately after passing the restricted route sign and
reversed. Mr Johnson has explained that he stopped and reversed
as soon as he realised the mistake. In my judgement, this does
not amount to "using" a restricted route in any meaningful sense
or interpretation of that word.
I allow the appeal for these reasons.
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2230153985
Mr White has attended the hearing today by telephone.
The CCTV footage shows Mr White's car passing the restricted
route sign and stopping immediately after it. I accept Mr
White's evidence that the car was immediately reversed. Mr White
has explained that, by the time that he saw the signage, it was
too late to stop quickly with the vehicle behind him.
The restricted route begins on the bend in the road. The footage
shows that the glare of the light on the restricted route sign
on the left hand side is such that it is unlikely to be clearly
seen until the motorist is almost level with it. There also
appears to be restricted visibility on the approach for the sign
on the right hand side with overhanging tree branches. Although
there is advance warning signage, it is not clear from the
daytime images whether this would be clear for the motorist on
the approach to the bend.
I am not satisfied that the signage was adequate to alert Mr
White to the restricted route in time for him to safely take
evasive action.
#Post#: 42434--------------------------------------------------
Re: Redbridge Borough, Code 33J using certain vehicle restricted
route, Clements Road, Ilford
DIR By: Hippocrates
Date: October 26, 2024, 4:58 am
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Also, please go the website as if to challenge and screenshot
what is states about grounds to challenge.
#Post#: 42537--------------------------------------------------
Re: Redbridge Borough, Code 33J using certain vehicle restricted
route, Clements Road, Ilford
DIR By: pcnftla
Date: October 26, 2024, 1:31 pm
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The options for challenge have the following options:
- I was not the owner of the vehicle at the time of the
contravention.
- The vehicle was taken without my consent.
- We are a hire firm and the person hiring the vehicle had
signed a statement accepting liability.
- The penalty charge exceeded the amount applicable in the
circumstances of the case.
- There was no contravention of an order, failure to comply with
an order or failure to comply with an indication on a sign.
- Other grounds.
I was considering using the second last option:
If I select that, I get the following:
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Please explain why you think there was no contravention of a
traffic order or why there was no failure to drive the vehicle
in a way shown on the sign.
Please attach evidence to support your representations (if
applicable)
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What cannot be used:
HTML https://www.redbridge.gov.uk/parking/penalty-charge-notices/grounds-for-not-accepting-a-challenge-or-appeal-for-a-pcn/
#Post#: 42538--------------------------------------------------
Re: Redbridge Borough, Code 33J using certain vehicle restricted
route, Clements Road, Ilford
DIR By: pcnftla
Date: October 26, 2024, 1:48 pm
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Another question I had was:
It states "If we receive your representation within the discount
period and your representation is rejected, we will give you a
further opportunity to pay at the discounted rate."
If I have 4 days remaining - does that mean, if I lose, I will
get 4 days or another 14 days for the 50% discount? I am
concerned if I miss the notice/letter, there might miss the
deadline for 50% discount.
#Post#: 42544--------------------------------------------------
Re: Redbridge Borough, Code 33J using certain vehicle restricted
route, Clements Road, Ilford
DIR By: Hippocrates
Date: October 26, 2024, 2:50 pm
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You need to screenshot the part on the left hand side of the
page which states you should choose one main reason.
#Post#: 42554--------------------------------------------------
Re: Redbridge Borough, Code 33J using certain vehicle restricted
route, Clements Road, Ilford
DIR By: pcnftla
Date: October 26, 2024, 3:48 pm
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This is the screenshot of that page:
HTML https://imgur.com/a/1PztLRP
#Post#: 42555--------------------------------------------------
Re: Redbridge Borough, Code 33J using certain vehicle restricted
route, Clements Road, Ilford
DIR By: Hippocrates
Date: October 26, 2024, 4:03 pm
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That's the one. I will draft something tomorrow. Part
signage/part technical.
#Post#: 42558--------------------------------------------------
Re: Redbridge Borough, Code 33J using certain vehicle restricted
route, Clements Road, Ilford
DIR By: pcnftla
Date: October 26, 2024, 4:32 pm
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Thank you very much - let me know if you need any other
information / want me to draft it.
#Post#: 47461--------------------------------------------------
Re: Redbridge Borough, Code 33J using certain vehicle restricted
route, Clements Road, Ilford
DIR By: hot_chocolate
Date: November 28, 2024, 9:41 am
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Hi,
I'd be grateful if you could share an update on how you
responded and the outcome. I received two tickets, on the same
day on the way to the library, for going through this place.
Only realised the second time that this was restricted entry!
Many thanks.
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