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#Post#: 53388--------------------------------------------------
Re: 50L Performing a Prohibited Turn - No Left Turn
DIR By: traz
Date: January 14, 2025, 6:23 pm
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Okay thanks. I'll say I was probably following a high sided
vehicle.
Yeah that's what I meant, there doesn't appear to anything in
front of my vehicle as I made the left turn. There could have
been near the sign but at least near the traffic light I
wouldn't say there was anything obstructing my view.
The appeal only allows me to write a 1000 characters.
#Post#: 53412--------------------------------------------------
Re: 50L Performing a Prohibited Turn - No Left Turn
DIR By: John U.K.
Date: January 15, 2025, 2:23 am
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--- Quote ---
> The appeal only allows me to write a 1000 characters.
--- End Quote ---
These online forms usually allow one to attach evidence. If so,
best to write properly formatted reps, save as pdf and attach
and write See attached in the box.
Post your draft here for comment before sending, but do not miss
deadline.
#Post#: 53436--------------------------------------------------
Re: 50L Performing a Prohibited Turn - No Left Turn
DIR By: spaceman
Date: January 15, 2025, 5:41 am
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--- Quote from: traz link ---
>
> Okay thanks. I'll say I was probably following a high sided
vehicle.
> Yeah that's what I meant, there doesn't appear to anything in
front of my vehicle as I made the left turn. There could have
been near the sign but at least near the traffic light I
wouldn't say there was anything obstructing my view.
>
> The appeal only allows me to write a 1000 characters.
>
--- End Quote ---
There is no high-sided vehicle in the video. In fact there seems
to be a significant gap before your vehicle appears, so why say
there 'probably' was? I would leave this out as, on the
evidence, it impacts on the credibility of your argument.
#Post#: 53471--------------------------------------------------
Re: 50L Performing a Prohibited Turn - No Left Turn
DIR By: traz
Date: January 15, 2025, 9:28 am
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This will be my response
I wish to appeal the above PCN issued by CCTV on the following
grounds:
1. Section 48 of the The Secretary of State's Statutory Guidance
to Local Authorities on the Civil Enforcement of Parking
Contraventions states "The Secretary of State recommends that
approved devices are used only where enforcement is difficult or
sensitive and CEO enforcement is not practical". Section 87 of
the Traffic Management Act states that local authorities must
give regard to this guidance.
2. The IOC CCTV code of conduct states that warning signs should
be placed where CCTV is in use. No such signs were in place in
the location where this PCN was issued therefore it is invalid.
This has been confirmed at Adjudicator by the case of Rachel
Johnson v Wirral. Quote form the code of conduct:
"You must let people know that they are in an area where CCTV
surveillance is being carried out. The most effective way of
doing this is by using prominently placed signs at the entrance
to the CCTV zone and reinforcing this with further signs inside
the area. ....... Clear and prominent signs are particularly
important where the cameras themselves are very discreet, or in
locations where people might not expect to be under
surveillance. As a general rule, signs should be more prominent
and frequent where it would otherwise be less obvious to people
that they are on CCTV
Signs should:
Be clearly visible and readable;
Contain details of the organisation operating the system, the
purpose for using CCTV and who to contact about the scheme
(where these things are not obvious to those being monitored);
and
Be an appropriate size depending on context, for example,
whether they are viewed by pedestrians or car drivers."
I do not believe that the 'no left turn' sign was sufficient as
I believe a high sided vehicle was blocking the view of the
signage prior to the turn.
I do not believe that the above mentioned guidelines have been
satisfied nor the case for MTC - Wimbledon Road JW Worple Road,
as I did not see any signage to warn of CCTV, nor do I believe
that it is justified to be observing vehicles at 19:12 for minor
alleged contraventions which pose little to zero risk to other
road users. I do not believe that a contravention has taken
place on the pure basis that my vehicle was not causing
obstruction nor a danger to other road users, hence I trust the
PCN will be cancelled taking the above into consideration and
the fact that this is a first time alleged contravention on my
part.
If you reject my appeal please send with your response a copy of
the relevant traffic order and proof that the camera in use is
an approved device as well as the camera safety and maintenance
logs. Please consider this a request under the freedom of
information act. I wish to also request the following
information should my appeal be rejected:
The CCTV camera's instruction manual for operation as well as
information regarding the amount of PCN's issued using this CCTV
camera, and the frequency of PCN's issued.
Road maintenance logs, and information regarding the time and
date the no left turn markings were inspected and if necessary,
re-painted
Information about the amount of PCN's issued around the Merton
area due to alleged 'no left turn' offences
Information about the amount of successful and unsuccessful
appeals to alleged 'no left turn' offences around the Merton
area
Information about the amount of PCN's issued across the London
area via CCTV for alleged no left turn offences and further to
this, information about the amount of successful and
unsuccessful appeals to alleged no left turn offences within the
London area.
Information on the amount of revenue generated through PCN's
issued due to no left turn offences
Information on the amount of vehicles involved in accidents
within the Merton area, and within the London area due to no
left turn offences.
Information on the amount of PCN's that have been successfully
appealed for other no left turn offences across the Merton area,
and the London area
I request the above information only in the event that my PCN is
not cancelled. This is to ensure that I have all evidence
relevant to my case should this proceed further and if I may
need to go to an adjudicator later on.
After further inspection of the local area where the alleged
contravention took place, its clear that there has been a
breech of the IOC CCTV Code of conduct on Merton council's part.
I must also stress that in the unlikely event that my grounds
for appeal arent taken seriously, I will be taking this matter
further and contacting an adjudicator.
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