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#Post#: 70382--------------------------------------------------
London Borough of Barnet Section 53J - Failing to comply with a
restriction on vehicles entering a pedestrian zone (came
DIR By: natasha1819
Date: May 7, 2025, 7:15 am
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[justify]London Borough of Barnet
Section 53J - Failing to comply with a restriction on vehicles
entering a pedestrian zone (camera enforcement)
Location - Nether Street Into Essex Park N3
Hi
Before I begin, thank you to everyone who has taken their time
to respond to my request and for creating this forum which us
free and full of helpful advice.
I live in Courthouse Gardens (marked in a blue cross) and had to
get to Wentworth avenue (marked in a blue cross) where my GP
surgery is located. I have attached a map to show the two roads
that have restrictions (marked in red) and the two roads (marked
in black) that you would need to take to get to your location.
The routes marked in black make for a much longer route to get
to my destination.
I received a PCN for entering the road earlier last year in 2024
when the signs were just put up. However, after I paid the PCN,
I was refunded the amount by the council.
I received another PCN on 13/03/2025 for the same offence and I
had emailed the council about the fact that I had received an
earlier fine and it was refunded so why had I received another
one.
The council finally responded to me on 29/04/2025 asking me to
pay the PCN or make representation.
The images attached show me entering the street at 15:59:18. I
have sat in my car and I did check that the car changed time
slightly earlier than my phone (image attached). I was wondering
if I can challenge this PCN based on the fact that it was out by
seconds.
Thanks
HTML https://imgur.com/a/cLd7E0Z
[/justify]
#Post#: 70400--------------------------------------------------
Re: London Borough of Barnet Section 53J - Failing to comply
with a restriction on vehicles entering a pedestrian zone (
DIR By: stamfordman
Date: May 7, 2025, 8:15 am
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Post the PCN.
It's a school street zone where the afternoon restriction end at
16:00 - your timing is in the last minute and so there's a goos
shout for triviality.
But were you aware of the timing and tried to ensure you only
drove through it after 16:00?
#Post#: 70430--------------------------------------------------
Re: London Borough of Barnet Section 53J - Failing to comply
with a restriction on vehicles entering a pedestrian zone (
DIR By: natasha1819
Date: May 7, 2025, 11:45 am
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Hi Stamfordman...thanks for your reply.
I have uploaded the PCN and the following correspondence below -
HTML https://imgur.com/a/cLd7E0Z
I was aware of the timing and I thought it would be silly to go
all the way around for less than a minute. I am now regretting
that. I am aware that people have been going down the restricted
street between those times and not received a PCN.
Thanks
#Post#: 70471--------------------------------------------------
Re: London Borough of Barnet Section 53J - Failing to comply
with a restriction on vehicles entering a pedestrian zone (
DIR By: stamfordman
Date: May 7, 2025, 5:43 pm
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So you were aware you were just before the end time? That's not
what I was hoping but reps can be crafted without telling
untruths.
An alternative could have been the signage as there seems to be
only one sign and a decision has been allowed for someone
turning left but you turned right and there is a very small
advance traffic sign. Even so I don't think the signage as of
Google Maps is adequate.
#Post#: 70692--------------------------------------------------
Re: London Borough of Barnet Section 53J - Failing to comply
with a restriction on vehicles entering a pedestrian zone (
DIR By: natasha1819
Date: May 9, 2025, 8:57 am
---------------------------------------------------------
Thanks for your help
#Post#: 70695--------------------------------------------------
Re: London Borough of Barnet Section 53J - Failing to comply
with a restriction on vehicles entering a pedestrian zone (
DIR By: stamfordman
Date: May 9, 2025, 9:21 am
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2240414702
1. The Enforcement Authority assert that the said vehicle, being
of a class prohibited, was driven at a location at a time when
restricted for use by pedestrians and vehicles of excepted
classes only.
2. The Appellant denies liability for the ensuing Penalty Charge
Notice on the basis of the prevailing circumstances and
challenge comprehensively stated in her written representations
(with supporting screen shots) which she reiterated and further
detailed during the Telephone Hearing.
3. The Enforcement Authority who assert that the said vehicle
was so driven contrary to an operative restriction is obliged to
adduce evidence to the requisite standard to substantiate that
assertion:-
The evidence upon which the Enforcement Authority rely comprises
copy Penalty Charge Notice, extracts of governing Traffic
Management Order provisions, and contemporaneous photographic
evidence: CCTV footage and still frames taken there-from showing
the said vehicle passing the applicable signs notifying
motorists of the restriction.
4. The evidence adduced by the Enforcement Authority was
examined to evaluate the allegation in conjunction with the
Appellant's written and oral representations, and supporting
documents.
I had the opportunity to assess and question the Appellant
during the Hearing, I found her evidence to be cogent and
credible, and I accepted it in its entirety.
The Appellant indicated that her arrival time at the School was
aimed at being before the children attended; an explanation for
non-receipt of other Penalty Charge Notices before the said
vehicle was duly registered may be due to arrival before the
restriction started.
I note that the clock counter on the contemporaneous recording
demonstrates that the said vehicle comes into view 50 seconds
after the restricted period commencement time.
I cannot be satisfied as to the accuracy of the camera time
recorder, and I find a differential of less than one minute to
be minimal, I therefore import the principle of de minimis.
Evidentially I am not satisfied that the contravention occurred,
accordingly I allow this Appeal.
#Post#: 70737--------------------------------------------------
Re: London Borough of Barnet Section 53J - Failing to comply
with a restriction on vehicles entering a pedestrian zone (
DIR By: natasha1819
Date: May 9, 2025, 2:19 pm
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Dear Stamfordman
Thank you for your time in drafting such a detailed response.
I will submit the drafted text to Barnet council as I would like
to challenge this PCN by this weekend.
Would you be interested in knowing the outcome?
#Post#: 70759--------------------------------------------------
Re: London Borough of Barnet Section 53J - Failing to comply
with a restriction on vehicles entering a pedestrian zone (
DIR By: mrmustard
Date: May 10, 2025, 3:48 am
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The representation must either be in the name of the person
stated on the face of the PCN or if by some other person
accompanied by a letter of authority from the person named on
the PCN.
#Post#: 70764--------------------------------------------------
Re: London Borough of Barnet Section 53J - Failing to comply
with a restriction on vehicles entering a pedestrian zone (
DIR By: stamfordman
Date: May 10, 2025, 4:51 am
---------------------------------------------------------
I posted a tribunal decision not a representation.
Don't send anything without posting it here first.
#Post#: 70932--------------------------------------------------
Re: London Borough of Barnet Section 53J - Failing to comply
with a restriction on vehicles entering a pedestrian zone (
DIR By: natasha1819
Date: May 11, 2025, 12:09 pm
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Dear Stamfordman
Please find attached my PCN challenge letter.
I have received a penalty charge notice on 20th March 2025, PCN
number AG48199281. The date of service of the PCN is 13th March
2025, vehicle registration number LN67 WHM.
I had spoken as well as emailed the council om 31st March 2025
about the validity of the PCN. I received a letter from the
Council on 29th April 2025 asking me to make a representation or
pay the fine within the statutory timelines.
The PCN states that the vehicle failed to comply with a
restriction on vehicles entering a pedestrian zone (53J) between
15:00 and 16:00. I wish to challenge this PCN on the grounds
that -
•
driven at said location at 15:59 when restricted for use by
pedestrians only relies on contemporaneous photographic
evidence: Still frames taken there-from showing the said
vehicle passing the applicable signs notifying motorists of the
restriction.
•
authenticated as the differential is less than a minute.
•
small advance traffic sign which is covered by branches (photo
attached).
Thanks
XXXX
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