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#Post#: 45775--------------------------------------------------
Lambeth code 52 – Failing to comply with a prohibition –
Stockwell Terrace, SW9 0QD
DIR By: AFMAC
Date: November 15, 2024, 12:51 pm
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Streetview link:
HTML https://maps.app.goo.gl/RTdjgY2v5gL4cFzJ9
PCN
HTML https://drive.google.com/file/d/1LdSOLdsoY5-XLBvNLvrzit1GUNipe9Zb/view?usp=sharing
Hello
I think that this is an interesting case.
Stockwell Terrace is a small one way street between Clapham Road
and South Lambeth Road to the East of Stockwell station. After
the LTNs came in to prevent access between the Clapham Road and
South Lambeth Road further east, it was used extensively as a
cut though.
Google streetview shows no prohibition in July 2022:
HTML https://drive.google.com/file/d/13gSR8ofSx2-4ZBGCANvfGI9sLLYl2chs/view?usp=sharing
At some point since then, prohibition signs were erected to
restrict access, as shown in this streetview photo dated July
2024. This is the latest streetview image, referenced above:
HTML https://drive.google.com/file/d/14WWeewyLK8vgGDxG0PbQSmW5j29oNntj/view?usp=sharing
The sign says “Except permit holders and loading”, and another
sign says “Controlled zone S”. On the left of the road are one
disabled bay and a long single bay capable of taking five cars,
and showing this sign (unchanged from 2022):
HTML https://drive.google.com/file/d/1_-e9YBuUdbimUbGR2BgNQwHXLWMO86cf/view?usp=sharing
My car has a residents’ permit for the S zone, and I therefore
concluded that I was allowed to use the road and did so.
When I received the PCN for a contravention on 1 November 2024,
I went to look at the signage, and it is now as follows:
HTML https://drive.google.com/file/d/1tHN2KUVH5MTaA2ghfFKLb0U-F4XA_dJ4/view?usp=sharing
There is now a second sign, and the words “permit holders” have
been replaced by “authorised vehicles”, but the Controlled zone
sign is still there. The parking bays are also still there, and
so is the sign saying “Permit holders only – SR”:
Not surprisingly, I had not noticed the change of signage, and
have continued to use the road.
I have used it several times since 1 November, so I can expect
more PCNs to follow.
It seems to me that as I hold the relevant permit, and there is
still a Zone S sign and the marked parking bays which my permit
allows me to use, it follows that my vehicle is in fact
“authorised” in the normal use of that word.
I would like advice on how to challenge this and any further
PCNs.
Kind regards
#Post#: 45780--------------------------------------------------
Re: Lambeth code 52 – Failing to comply with a prohibition –
Stockwell Terrace, SW9 0QD
DIR By: stamfordman
Date: November 15, 2024, 1:36 pm
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Some appeals have been allowed at the tribunal for people who
have been misled by permit zones at these restrictions (usually
the qualification is for blue badge holders).
One approach is also to ask for discretion on the 2nd and
subsequent PCNs as you weren't aware until the first arrived.
Issue here seems to be the change in signage and enforcement.
#Post#: 45783--------------------------------------------------
Re: Lambeth code 52 – Failing to comply with a prohibition –
Stockwell Terrace, SW9 0QD
DIR By: Hippocrates
Date: November 15, 2024, 1:54 pm
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I would also screenshot the page details as if to challenge to
see what the dates say re status quo of enforcement.
#Post#: 45786--------------------------------------------------
Re: Lambeth code 52 – Failing to comply with a prohibition –
Stockwell Terrace, SW9 0QD
DIR By: AFMAC
Date: November 15, 2024, 2:21 pm
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Is this the screenshot that you mean?
HTML https://drive.google.com/file/d/168j4fu_iKy5DLvPV5ofI8c8DqFgD3unG/view?usp=sharing
#Post#: 45789--------------------------------------------------
Re: Lambeth code 52 – Failing to comply with a prohibition –
Stockwell Terrace, SW9 0QD
DIR By: Hippocrates
Date: November 15, 2024, 2:31 pm
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That'll do as it is a threat and no date given. BS.
#Post#: 46097--------------------------------------------------
Re: Lambeth code 52 – Failing to comply with a prohibition –
Stockwell Terrace, SW9 0QD
DIR By: AFMAC
Date: November 18, 2024, 12:39 pm
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I have had a look at the online representation page, and after
selecting “The contravention did not occur”, I am given these
options:
“Select a reason from the list below and provide details in the
textbox. Please upload any photos or documents that you have to
support your assertion
•
loading and unloading
•
signed
•
restriction did not apply
•
elsewhere
•
There is no option to say that the vehicle was authorised! I
think that I have to use the third option, as “the restriction
did not apply”.
My proposed wording for my initial representations is as
follows:
***
The vehicle AV66 GXE has for many years had a residents’ parking
permit for the Lambeth S zone, and the current permit is number
LJR206299 expiring on 4 July 2025.
At least until 2022, access to Stockwell Terrace was
unrestricted. It formed part of the Lambeth zone S, and
contained parking bays and signage to that effect.
At some date between July 2002 and July 2024, restrictions were
introduced with the sign restricting access for motor cycles and
cars with the words “Except permit holders and loading”. See
photo 1.
Since my car had a relevant permit, I concluded that I was
entitled to use Stockwell Terrace and did so. There was no
change to the signage of the Zone and parking places.
At some date between July 2024 and 1 November 2024, the
restriction sign was changed, and the wording is now “Except
authorised vehicles and loading”. See photo 2.
The sign identifying Stockwell Terrace as being part of
Controlled zone S remains in place, as does the sign above the
parking bays – “Mon-Fi 8.30am -5.30pm. Permit holders only.
SR.”
My conclusion is that since my permit allows me to use SR
parking bays, and Stockwell Terrace forms part of the S zone,
the change of wording does not affect me, as my car is
“authorised” by the possession of the relevant permit.
Please therefore cancel the PCN.
If you do not agree with my interpretation of the word
“authorise”, then please use your discretion to cancel the PCN,
on the grounds that my interpretation was entirely reasonable,
and to avoid the necessity for me to take the case to appeal.
***
Comments very welcome.
#Post#: 46571--------------------------------------------------
Re: Lambeth code 52 – Failing to comply with a prohibition –
Stockwell Terrace, SW9 0QD
DIR By: AFMAC
Date: November 21, 2024, 5:37 pm
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The discount period for this PCN runs out on Tuesday 26
November, so I would like to respond no later than Monday 25th.
Any comments on my draft? Particularly the final sentence.
Regards
#Post#: 46574--------------------------------------------------
Re: Lambeth code 52 – Failing to comply with a prohibition –
Stockwell Terrace, SW9 0QD
DIR By: fraser.mitchell
Date: November 21, 2024, 5:44 pm
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--- Quote from: AFMAC link ---
>
>
> The discount period for this PCN runs out on Tuesday 26
November, so I would like to respond no later than Monday 25th.
>
> Any comments on my draft? Particularly the final sentence.
>
> Regards
>
--- End Quote ---
I think I would leave it out. They will inevitably reject your
reps anyway, as they only want the money. The only place where
you'll get an unbiased decision is London Tribunals. So submit
your reps and post their reply when you get it.
#Post#: 47152--------------------------------------------------
Re: Lambeth code 52 – Failing to comply with a prohibition –
Stockwell Terrace, SW9 0QD
DIR By: AFMAC
Date: November 26, 2024, 12:31 pm
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Thank you.
I have submitted my representations without the last sentence.
And as expected, I have received another identical PCN for 3
November:
HTML https://drive.google.com/file/d/1eprFcBYhH99mlJQPTOojHFY4U48xJEag/view?usp=sharing
I propose to submit identical wording tomorrow Wednesday, unless
you advise me to refer to the earlier PCN.
I have now seen that the online information for the PCNs
includes a video in each case:
Link to video of 1 November PCN
HTML https://pcnevidence.lambeth.gov.uk/pcnonline/liberatorImageProxyRaw.php?noderef=workspace%3A%2F%2FSpacesStore%2F678bb1bf-aa73-4a1c-85ef-0984def1b220&mimetype=video%2Fx-flv
Link to video of 3 November PCN
HTML https://pcnevidence.lambeth.gov.uk/pcnonline/liberatorImageProxyRaw.php?noderef=workspace%3A%2F%2FSpacesStore%2F6a971e58-a2d7-43ed-b817-22abb0d12145&mimetype=video%2Fx-flv
Regards
#Post#: 47153--------------------------------------------------
Re: Lambeth code 52 – Failing to comply with a prohibition –
Stockwell Terrace, SW9 0QD
DIR By: AFMAC
Date: November 26, 2024, 12:39 pm
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Sorry. The links to the videos don’t work from here, although
they did from a word document
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