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#Post#: 71134--------------------------------------------------
Merton - 53J Failing to comply with a restriction...
DIR By: Rackett78
Date: May 12, 2025, 5:04 pm
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Hi All, another one... seem to be having a bit of a run of
PCNs...!
I received a PCN (Link below) from Merton - 53J - Failing to
comply with a restriction on vehicles entering a pedestrian zone
Location is listed as: SS - Ashbridge Way JW Leamington Avenue -
On reviewing their evidence and my images (Link below) this is a
"School Streets" and restrictions to vehicles applies "School
Term Times" only and at specific times of the day M-F (see their
signage)
The driver was travelling West on Leamington Avenue and turned
right at the junction to head south on Ashbridge Way - the road
of the alleged contravention
Googlemap links of the approach and the signage etc:
HTML https://maps.app.goo.gl/hz2un2ooDBHiS2JM7
HTML https://maps.app.goo.gl/Hmfwa7A5t3ZZVgxc9
HTML https://maps.app.goo.gl/mFx1Ya1xjogkF5WJ9
I have also attached some personal photos I have taken since
(Link below)
The driver committed to the right hand turn as there was a car
approaching in the opposite direction as seen in the video
evidence, this other car commanded the driver's attention away
from the apparent signage. The signage detailing the
restriction is perpendicular to the driver's approach, the
residential bay immediately beyond again commands the drivers
attention and focus away from the (busy) signage to manoeuvre
the vehicle safely around the parked cars and ensure no oncoming
traffic is approaching to drive on the opposite side of the
road. The prior Yellow warning signs are proscribed.
Furthermore, the exact "School term times" are not advertised on
either sign but merely a statement made on the proscribed Yellow
sign. How is a driver meant to know when the exact term times
are for this particular school and thus when the restriction
applies? I saw from a separate similar thread a citation about a
case that had the PCN cancelled on this basis - Conor Costelloe
v London Borough of Merton Case No. 2240078999.
Indeed, the driver's child who attends a School in Merton was in
the car at the time of the alleged contravention and was still
appropriately on school holidays as term had not started at
their school. This particular "School street" is for Hillcross
Primary with pupils returning to school on the 22nd April based
on their website - the date of the alleged contravention. The
driver's child was due to return to school on the 23rd April,
day after.
If I were to challenge the PCN on this basis do you think it
would have merit for cancellation? Any other thoughts on
further articles to strengthen a challenge would be much
appreciated.
Thanks again!
Link to PCN, Evidence, Images of junction / signage:
HTML https://imgur.com/a/lYnFysk
#Post#: 71148--------------------------------------------------
Re: Merton - 53J Failing to comply with a restriction...
DIR By: stamfordman
Date: May 12, 2025, 5:40 pm
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Is the video what they posted as it doesn't show much of signs.
HTML https://i.ibb.co/JJ585Y3/undefined-Imgur-ezgif-com-video-to-gif-converter.gif
#Post#: 71162--------------------------------------------------
Re: Merton - 53J Failing to comply with a restriction...
DIR By: Rackett78
Date: May 12, 2025, 7:43 pm
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Yes, that's the entire video, the stills are taken from the
video too. At no point can the signs be seen on their evidence
presented. I do not believe there are any other cameras
#Post#: 71205--------------------------------------------------
Re: Merton - 53J Failing to comply with a restriction...
DIR By: Hippocrates
Date: May 13, 2025, 5:19 am
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There are many avenues here. Please screenshot the
representations page as if to make a challenge and report back
as it is rather general I believe. I have a busy day but will
get back with a draft late afternoon/early evening re signage,
cases etc.
#Post#: 71395--------------------------------------------------
Re: Merton - 53J Failing to comply with a restriction...
DIR By: Rackett78
Date: May 13, 2025, 4:12 pm
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Apologies for the delayed reply, didn't have access to this at
work
See link below to screenshots of Merton PCN Representation
workflow:
HTML https://imgur.com/a/1aJOTyN
#Post#: 71396--------------------------------------------------
Re: Merton - 53J Failing to comply with a restriction...
DIR By: Rackett78
Date: May 13, 2025, 4:16 pm
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Sorry, wrong link above, use this one:
HTML https://imgur.com/a/P4FaKQa
#Post#: 71768--------------------------------------------------
Re: Merton - 53J Failing to comply with a restriction...
DIR By: Rackett78
Date: May 15, 2025, 11:19 pm
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Just following up if you had any further advice on grounds for
challenge, I was aiming to submit today before the discount
expires.
Thanks again
#Post#: 71800--------------------------------------------------
Re: Merton - 53J Failing to comply with a restriction...
DIR By: Hippocrates
Date: May 16, 2025, 6:12 am
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1. The primary evidence i.e. the video does not prove the
alleged contravention.
2. The warning sign is proscribed as it is wholly unreasonable
to expect a person to know school term dates.
Please cancel in light of the above.
****
You can add further issues if you like but without admitting to
anything. Please post up a draft later. Sorry I am late.
#Post#: 71893--------------------------------------------------
Re: Merton - 53J Failing to comply with a restriction...
DIR By: Rackett78
Date: May 16, 2025, 2:49 pm
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Thanks again
I am going to challenge on the following basis:
1. The primary evidence i.e. the video does not prove the
alleged contravention.
2. The yellow warning sign on Leamington Avenue is proscribed as
it is wholly unreasonable to expect a person to know school term
dates for the school associated with the apparent "School
Streets" restriction. Indeed the driver had their primary school
child in the car at the time of the video who attends a Merton
School still observing School holidays on the day of alleged
contravention and thus "School Term Time" restriction does not
apply
3. The restriction signs are placed perpendicular to the
driver's approach and therefore poorly visible
4. The video evidence posted clearly demonstrates a vehicle
approaching in the opposite direction on Leamington Road which
would command the driver's attention away from the poorly
visible perpendicular signage
5. A residential parking bay also exists on the left immediately
beyond the poor signage on Ashridge Way forcing further command
of a driver's attention (especially one turning right from
Leamington Avenue) away from signage to safely manoeuvre the
vehicle around this into the right hand opposite side of the
road ensuring no oncoming traffic is approaching as further
mitigating circumstances against the alleged contravention
Please cancel in light of the above.
#Post#: 81020--------------------------------------------------
Re: Merton - 53J Failing to comply with a restriction...
DIR By: Rackett78
Date: July 15, 2025, 2:51 am
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An update
My representations were rejected. I have attached the Notice of
Rejection letter
[attachment deleted by admin]
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