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#Post#: 190--------------------------------------------------
Contravention code 52M
DIR By: antman40
Date: June 18, 2023, 3:05 pm
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Hello.
I received two PCNs traveling in the same street late at night
at different times, 4hrs 11mins apart from each other.
I went back to the location yesterday evening at the same time
to have a closer inspection of the street's layout. The street
lighting on Station Parade was switched off this was the same on
the evening I got recorded by the camera. As you can see in the
attachments the lighting of the still images is very poor and
the signs are unlit so I wouldn't have seen the signs displaying
any traffic order or prohibition.
As it was late at night after normal business trading hours and
with fewer pedestrians around, vehicles should be permitted to
use this street after a certain time i.e after 7-8pm.
Any help in how to challenge these PCNs would be much
appreciated.
The link for each PCN is below:
HTML https://drive.google.com/file/d/15LqDf7Wd1X1fND3bC3lj1PiPxNVPwltT/view?usp=drivesdk
HTML https://drive.google.com/file/d/15U7aakqXo4pZmqatq-vyAAyjIclvyhw7/view?usp=drivesdk
HTML https://maps.app.goo.gl/UqJiYPPuiVZNJ9Mg8
Thanks. x
#Post#: 199--------------------------------------------------
Re: Contravention code 52M
DIR By: ivanleo
Date: June 18, 2023, 7:57 pm
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Draft representation:
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Dear London Borough of Barking and Dagenham,
I challenge liability on the basis of inadequate signage. As the
video footage shows, the street lights in the area were not
working and the signs had no illumination. Having revisited the
area, I note it's a very wide road and the signs would not have
been in my direct line of sight.
Furthermore, the Traffic Signs Regulations 2016 require signs of
this type to be illuminated.
On the whole the signage is not adequate within the meaning of
regulation 18 of the The Local Authorities' Traffic Orders
(Procedure) (England and Wales) Regulations 1996.
It follows that the contravention did not occur, and the PCN
must be cancelled.
Yours faithfully,
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Make the representation online, you'll have to do it twice (once
for each PCN). Keep a times / dated screenshot of the
confirmation page.
#Post#: 2091--------------------------------------------------
Re: Contravention code 52M
DIR By: antman40
Date: July 29, 2023, 4:28 am
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Hi.
I've received a response from Barking and Dagenham council for
the two PCNs. They have cancelled one and rejected the other.
Seems quite odd that they would do this as both contraventions
occured in the same street just a few hours apart.
Can I still challenge the rejected appeal for one of the PCNs?
[attachment deleted by admin]
#Post#: 2137--------------------------------------------------
Re: Contravention code 52M
DIR By: ivanleo
Date: July 29, 2023, 2:56 pm
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Yes you can, but first please post all the pages of the Notice
of Rejection. You won't have enough upload space, so please see
the guide here on how to upload more images:
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
#Post#: 2188--------------------------------------------------
Re: Contravention code 52M
DIR By: antman40
Date: July 30, 2023, 7:58 am
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Hello.
All pages of Notice of Rejection and Notice of Appeal have been
uploaded.
There's a link below too for all the pages.
HTML https://imgur.com/a/XyceY4d
HTML https://goo.gl/maps/yWDX1t7GF22G6uq66
Regards
Antman40
[attachment deleted by admin]
#Post#: 2263--------------------------------------------------
Re: Contravention code 52M
DIR By: ivanleo
Date: July 31, 2023, 9:53 am
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You certainly have arguable grounds to carry on, and it's more
likely than not that I could win this appeal, but obviously we
cannot guarantee the outcome. With that in mind, would you like
me to represent you at the tribunal?
#Post#: 2271--------------------------------------------------
Re: Contravention code 52M
DIR By: antman40
Date: July 31, 2023, 12:23 pm
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Yes. It's unfair that the council can do this and I think I
should pay for one and not the other when it's the same
contravention.
#Post#: 2426--------------------------------------------------
Re: Contravention code 52M
DIR By: ivanleo
Date: August 2, 2023, 12:11 pm
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I have sent you a PM.
#Post#: 7112--------------------------------------------------
Re: Contravention code 52M
DIR By: ivanleo
Date: October 10, 2023, 4:07 am
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Outcome
HTML https://drive.google.com/uc?id=1Xv8tL4DzjECpKX7AjbKOQ_ZbMsc5CveZ.
#Post#: 7125--------------------------------------------------
Re: Contravention code 52M
DIR By: antman40
Date: October 10, 2023, 7:26 am
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Thank so so much for this. :)
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