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#Post#: 59601--------------------------------------------------
Lambeth, Code 52 Failure to comply with a prohibition on certain
types of vehicles, Carson Road SE21
DIR By: nasmin
Date: February 25, 2025, 5:10 am
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Hi All
As the registered keeper of the vehicle, I received a PCN dated
19/02/2025 for a contravention on the 14/02/25.
The PCN is for turning into Carson Road from Thurlow Park Road.
This road has recently become prohibited to cars and the only
signage is signage which you can see on the PCN, so you have
almost turned in before you've seen the signage.
I have loaded the PCN and the video here and would appreciate
any feedback on whether I have any basis for challenge. The
response deadline for the reduced fee is 17 March 2025.
HTML https://imgur.com/a/1hB2gAe
Thank you
#Post#: 59611--------------------------------------------------
Re: Lambeth, Code 52 Failure to comply with a prohibition on
certain types of vehicles, Carson Road SE21
DIR By: fraser.mitchell
Date: February 25, 2025, 6:20 am
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This looks like a fairly new restriction, because last GSV view,
July 2024, doesn't show the signs, just a goods vehicle
restriction.
HTML https://maps.app.goo.gl/tZpycYVGYAbRm2Ls8
Key piece of info we need is whether there is an advance sign on
Thurlow Park Road. If not, then you have a good case for an
appeal to London Tribunals. Any chance of a photo ?
#Post#: 59614--------------------------------------------------
Re: Lambeth, Code 52 Failure to comply with a prohibition on
certain types of vehicles, Carson Road SE21
DIR By: nasmin
Date: February 25, 2025, 6:36 am
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Hi
I did a search on this forum and came across two similar cases.
The case below has photos - I can take more current ones to see
if the positioning has changed.
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/pcn-lambeth-failing-to-complay-with-a-prohibition-on-certain-types-of-vehicles/msg56770/#msg56770<br
/>
This case below reported on 18/02/25 looks like they were
successful in winning at appeal with London Tribunals
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/pcn-carson-rd-lambeth/msg58565/#msg58565
- the case numbers are 2240534362 and 2240551408 and the reply
from the adjudicator? was identical in both (reviewed together)
and stated
"1. The Appellant attended in person. The Authority did not
attend and had not been expected to. The Appellant confirmed
receipt of the Authority's evidence pack.
2. The Appellant challenges two Penalty Charge Notices (PCNs)
for alleged contraventions on 19 and 27 October 2024 at Carson
Road. The PCNs were posted on 1 and 8 November respectively.
3. The Appellant submits that the signage is not clear. On both
occasions, the Appellant was traveling on Thurlow Park Road and
turned left into Carson Road. The Appellant said that she did
not see the restriction signs, as they are on the junction of
Carson Road, facing directly forwards, and cannot be seen by a
driver turning left, due to their position and angle. The
Appellant said that the signs are not preventing traffic
entering Carson Road and there needs to be warning sign in
place.
4. On 26 November, the Appellant provided photographs that she
had taken of the approach to Carson Road from Thurlow Park Road.
The restriction signs at the entrance to Carson Road are not
visible. On 9 December, the Appellant provided moving footage.
This shows that the restriction sign on the right hand side of
Carson Road has been moved so that it is tilted to face towards
oncoming traffic traveling along Thurlow Park Road. The
Appellant told me that she passed the location yesterday and
someone has tilted the sign even further, so that it can be seen
even more clearly than in the footage. The Appellant confirmed
that her photographs show the signage as it was on 19 and 27
October.
5. The Authority has provided an image of the signage dated 26
October 2024. It shows the "motor vehicles prohibited" roundel
signs are on both sides of the entrance to Carson Road. The
signs are close to the junction with Thurlow Park Road and face
directly forwards.
6. I find that on 19 and 27 October, the restriction signs would
have appeared as they do in the Authority's image of 26 October,
and the Appellant's photographs of the location submitted on 26
November. The restriction signs themselves are unambiguous, and
located on either side of the junction. The signs appear to face
out onto the main road, approximately perpendicular to it. A
driver who did not anticipate the presence of such signage and
was intending to turn left, would have very little time to see,
assimilate and act upon such signage. A driver would be
committed to the turn by the time that they saw the signage, if
indeed they did see it, which is by no means a certainty based
on the images before me. In my view a driver would be unable to
reverse out of Carson Road and back into Thurlow Park Road,
which is a red route with two lanes of traffic.
7. I find that the signage was not clear or adequate on 19 and
27 October and the contraventions have not been proved. This
appeal is therefore allowed."
Not sure if this means I would be successful or not?
#Post#: 59624--------------------------------------------------
Re: Lambeth, Code 52 Failure to comply with a prohibition on
certain types of vehicles, Carson Road SE21
DIR By: nasmin
Date: February 25, 2025, 7:48 am
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This is the press notice from August 2024 in relation to this -
it sounded like it was a trial (not sure if this is relevant
that it is a trial)
HTML https://www.lambeth.gov.uk/sites/default/files/2024-08/REf80-press-notice.pdf<br
/>
#Post#: 59631--------------------------------------------------
Re: Lambeth, Code 52 Failure to comply with a prohibition on
certain types of vehicles, Carson Road SE21
DIR By: fraser.mitchell
Date: February 25, 2025, 8:36 am
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--- Quote ---
> Not sure if this means I would be successful or not?
--- End Quote ---
They help, but the advance warning sign on Thurlow Park Road is
not mentioned. This sign is against you, I'm afraid
#Post#: 59636--------------------------------------------------
Re: Lambeth, Code 52 Failure to comply with a prohibition on
certain types of vehicles, Carson Road SE21
DIR By: nasmin
Date: February 25, 2025, 8:52 am
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Worth contesting or not? If so what would be the grounds?
#Post#: 59739--------------------------------------------------
Re: Lambeth, Code 52 Failure to comply with a prohibition on
certain types of vehicles, Carson Road SE21
DIR By: nasmin
Date: February 26, 2025, 7:17 am
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Hello
Apologies i am not intending to bump this but wanted to check
whether there were any views on whether this was worth pursuing.
Thanks everyone
#Post#: 59741--------------------------------------------------
Re: Lambeth, Code 52 Failure to comply with a prohibition on
certain types of vehicles, Carson Road SE21
DIR By: Hippocrates
Date: February 26, 2025, 7:30 am
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Yes. Screenshot their payment status page and report as the
dates will be wrong most probably. I won a case against them two
weeks ago on this.
#Post#: 59752--------------------------------------------------
Re: Lambeth, Code 52 Failure to comply with a prohibition on
certain types of vehicles, Carson Road SE21
DIR By: nasmin
Date: February 26, 2025, 8:10 am
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Hi Hippocrates - what do you mean regarding 'report' - I
understood the point on payment page which I will do in a min
#Post#: 59753--------------------------------------------------
Re: Lambeth, Code 52 Failure to comply with a prohibition on
certain types of vehicles, Carson Road SE21
DIR By: nasmin
Date: February 26, 2025, 8:15 am
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Payment Screen
[attachment deleted by admin]
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