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#Post#: 55634--------------------------------------------------
PCN charge issued under code 53j - Please help!!!!!
DIR By: aquaman
Date: January 28, 2025, 2:10 pm
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Hi all,
my wife accidentally entered into Douglas road in goodmayes
which has restricted school hours and was therefore sent a PCN
ticket. She was not aware this road had recently becoming
restricted during school hours and was literally just 2 mins shy
of the allowed entry time of 4pm. Could anyone kindly advise if
there are any grounds for appeal? Times are hard and id rather
spend the money on my young kids then pay this ludicrous fine.
many thanks
Shaun
[attachment deleted by admin]
#Post#: 55659--------------------------------------------------
Re: PCN charge issued under code 53j - Please help!!!!!
DIR By: stamfordman
Date: January 28, 2025, 4:18 pm
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There term time sign has been found wanting.
Over 1 minute is probably too much for triviality.
Turning left into these may mean signs not clear - I'll check
tribunal.
HTML https://i.imgur.com/qwXGqzD.gif
#Post#: 55675--------------------------------------------------
Re: PCN charge issued under code 53j - Please help!!!!!
DIR By: fraser.mitchell
Date: January 28, 2025, 6:28 pm
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Appeals have already been won on the "Term Time Only" sign. This
is because there are no term time dates on it. Essentially, the
council have failed in their duty under LATOR Regulation 18, to
erect adequate signage of a restriction.
HTML https://www.legislation.gov.uk/uksi/1996/2489/regulation/18
Of course the council don't want the fag of having to update
these signs, but councils maintaining zones with special parking
restrictions for events (such as football matches), have to
update their signs with dates, so it's not an impossible burden.
#Post#: 55723--------------------------------------------------
Re: PCN charge issued under code 53j - Please help!!!!!
DIR By: Hippocrates
Date: January 29, 2025, 7:16 am
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I won the last appeal for a member on this and cited other
cases.
#Post#: 55736--------------------------------------------------
Re: PCN charge issued under code 53j - Please help!!!!!
DIR By: aquaman
Date: January 29, 2025, 9:11 am
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Please could you kindly help me draft a challenge based on the
term times not being present? i am very grateful for your help
and support on this
kind regards
Shaun
#Post#: 55767--------------------------------------------------
Re: PCN charge issued under code 53j - Please help!!!!!
DIR By: Hippocrates
Date: January 29, 2025, 10:58 am
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HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/pcn-failing-to-comply-with-a-restriction-on-vehicles-entering-a-pedestrian-zone/msg38266/#msg38266
Dear Redbridge
Ref: PCN VRM
I make this formal representation:
The contravention did not occur as the sign referring to term
time is proscribed. As per school parking restrictions, how is a
driver expected to know the times of any term time in advance?
Please cancel the PCN therefore.
Yours
Reg. keeper
***
Also see this link for other cases won on this issue:
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/pcn-failing-to-comply-with-a-restriction-on-vehicles-entering-a-pedestrian-zone/msg38593/#msg38593
#Post#: 55933--------------------------------------------------
Re: PCN charge issued under code 53j - Please help!!!!!
DIR By: aquaman
Date: January 30, 2025, 2:56 pm
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All, please read my appeal below and let me know if its ok? if
you could kindly reply by today I would be very grateful as I am
very near the 14 day grace period. Should I also make reference
to the Regulations?
kind regards
Shaun
Dear Redbridge
Ref: PCN � AF30401931 VRM EK19VYC
I make this formal representation:
The contravention did not occur as the sign referring to term
time is proscribed. As per school parking restrictions, how is a
driver expected to know the times of any term time in advance?
Furthermore, please refer to a recent case Papjinder Gahir v
Redbridge council dated 12 Jul 2024 where the Contravention was
Fail comply restriction vehicles entering ped zone. The appeal
was allowed based on the following:
5. In the Notice of Rejection, the Authority did not address the
Appellant's
comment that the term dates were not stated on the sign. In the
Case
Summary, the Authority states that it has used both prescribed
signage and
"colourful on-street information signs". The Authority has not
provided any
authorisation from the Department for Transport for use of the
term.
6. On the evidence before me, I find that the term time plate is
not a
prescribed sign. The wording used is ambiguous as a motorists
will not
always know when term time begins and ends, and this type of
signage is
discouraged. A motorist should be able to understand the signage
and
comply with it, by the signage alone.
7. In the circumstances, I find that the Appellant reasonably
believed that
the restriction was not in place and complied with the sign on
the
information available to him. The contravention has not been
proved. This
appeal is therefore allowed.
I attach the details of this appeal that was allowed for your
reference.
Please cancel the PCN therefore.
Yours
Reg. keeper
#Post#: 60083--------------------------------------------------
Re: PCN charge issued under code 53j - Please help!!!!!
DIR By: aquaman
Date: March 1, 2025, 6:22 am
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All,
Many thanks for your help on this. Redbridge cancelled the
ticket. This makes me question why the council are making more
and more roads restricted during school hours if they know these
signs are unjust?
#Post#: 60089--------------------------------------------------
Re: PCN charge issued under code 53j - Please help!!!!!
DIR By: RichardW
Date: March 1, 2025, 7:33 am
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Because most people just pay....
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