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DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
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#Post#: 9383--------------------------------------------------
Re: ULEZ non payment PCN Main Road Biggin Hill
DIR By: fraser.mitchell
Date: November 6, 2023, 11:08 am
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Well, nothing to stop you giving it a go, just bear in mind that
you'll be up for the full PCN penalty if you lose at
adjudication. The text on its own is no good, you have to show
that the sign you passed is not fully visible, and also fails to
convey that a charge is payable for non-compliant vehicles.
Good luck !
#Post#: 9400--------------------------------------------------
Re: ULEZ non payment PCN Main Road Biggin Hill
DIR By: BH1001
Date: November 6, 2023, 11:50 am
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I'll take a picture and send that off with my representations
Will keep you posted
#Post#: 9408--------------------------------------------------
Re: ULEZ non payment PCN Main Road Biggin Hill
DIR By: roythebus
Date: November 6, 2023, 12:48 pm
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Good luck then.
#Post#: 9444--------------------------------------------------
Re: ULEZ non payment PCN Main Road Biggin Hill
DIR By: Neil B
Date: November 6, 2023, 6:19 pm
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--- Quote from: BH1001 link ---
>
> I've just seen this on a social media site as an example text
for an appeal based upon signage
>
> Anyone care to comment?
>
>
--- End Quote ---
Noel Wilcox was never 'fined' at all; he accrued penalties of
£7,000, not the often quoted £11,500.
He didn't 'win' his case, TfL LOST it by not providing the
evidence the adjudicator asked for.
It was a one-off because they have that evidence and have
presented it in numerous subsequent adjudications: That is, that
TfL have special authorisation for the signs, from DfT, that
overrides the TSRGD requirements.
#Post#: 9445--------------------------------------------------
Re: ULEZ non payment PCN Main Road Biggin Hill
DIR By: Neil B
Date: November 6, 2023, 6:53 pm
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Both the Wilcox adjudication and one of the DfT authorisations
are on file on this site.
There was a subsequent DfT authorisation in 2022.
It's a pity that Noel Wilcox delusion is misleading so many
people.
I understand he is now proposing some action against TfL because
they failed to repay other people's penalties.
The result of his adjudication in 2021 is not at all unusual.
TfL simply dropped the ball and he won by default. That win does
not set any kind of precedent as Noel seems to think.
We often see councils fail to produce the required evidence or
sometimes just don't contest.
It was nothing of note in that particular case.
#Post#: 9455--------------------------------------------------
Re: ULEZ non payment PCN Main Road Biggin Hill
DIR By: BH1001
Date: November 7, 2023, 3:49 am
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Thank you that is very helpful
Will be going down to take some pictures tomorrow
#Post#: 9859--------------------------------------------------
Re: ULEZ non payment PCN Main Road Biggin Hill
DIR By: BH1001
Date: November 11, 2023, 11:50 am
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Quick question
Is there a height stipulation in the signage regulations (i.e.
the distance between the bottom of the sign and ground level) or
has the DfT granted a free pass for all the ULEZ signage
exempting them from adhering to any sort of regulation
whatsoever?
#Post#: 9895--------------------------------------------------
Re: ULEZ non payment PCN Main Road Biggin Hill
DIR By: jojo1868
Date: November 12, 2023, 6:46 am
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--- Quote from: BH1001 link ---
>
> Quick question
>
> Is there a height stipulation in the signage regulations (i.e.
the distance between the bottom of the sign and ground level) or
has the DfT granted a free pass for all the ULEZ signage
exempting them from adhering to any sort of regulation
whatsoever?
>
--- End Quote ---
Hey BH, I'm in the process to appeal as well, but I find the
ULEZ sign authorisation and the TSRGD 2016 is rather confusing
as well. I think in the 2022 authorisation, ULEZ sign need to
follow it's equivalant signs to the standard that's designated
in both the TSRGD 2016 and ROAD TRAFFIC REGULATION ACT 1984.
This would be a hard battle man, the standard are set a bit
vague, at least in my understanding.
#Post#: 9938--------------------------------------------------
Re: ULEZ non payment PCN Main Road Biggin Hill
DIR By: BH1001
Date: November 12, 2023, 11:20 am
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Yes well it wouldn't surprise me if the regulations were left
intentionally vague, especially the new authorisation for TfL
I've been over to take some pictures of the road and the signage
and I think the latter is possibly defective.
The bottom of the sign is over 10 mtrs from ground level and
therefore it is very difficult to see it clearly from the
driver's perspective when turning right from Skid Hill Lane into
Sheepbarn Lane, and because of the oblique angle of the sign and
the height of it, it is impossible to see it at all once you've
joined the road, (unless you are driving a convertible!)
There are no warning signs to be seen when approaching the
junction along Skid Hill Lane so drivers are relying solely on
that one sign that has been put up on the opposite side of the
road, 10+ metres high and at an oblique angle when viewed from
the road you are joining the ULEZ from - please see link to
pictures
HTML https://imgur.com/a/x6LoZOK
If anyone could possibly help with the best way to put the
appeal together on these grounds that would be greatly
appreciated.
#Post#: 9940--------------------------------------------------
Re: ULEZ non payment PCN Main Road Biggin Hill
DIR By: jojo1868
Date: November 12, 2023, 11:38 am
---------------------------------------------------------
--- Quote from: BH1001 link ---
>
> Yes well it wouldn't surprise me if the regulations were left
intentionally vague, especially the new authorisation for TfL
>
> I've been over to take some pictures of the road and the
signage and I think the latter is possibly defective.
>
> The bottom of the sign is over 10 mtrs from ground level and
therefore it is very difficult to see it clearly from the
driver's perspective when turning right from Skid Hill Lane into
Sheepbarn Lane, and because of the oblique angle of the sign and
the height of it, it is impossible to see it at all once you've
joined the road, (unless you are driving a convertible!)
>
> There are no warning signs to be seen when approaching the
junction along Skid Hill Lane so drivers are relying solely on
that one sign that has been put up on the opposite side of the
road, 10+ metres high and at an oblique angle when viewed from
the road you are joining the ULEZ from - please see link to
pictures
>
>
HTML https://imgur.com/a/x6LoZOK
>
> If anyone could possibly help with the best way to put the
appeal together on these grounds that would be greatly
appreciated.
>
--- End Quote ---
Good luck with your appeal, hope you can beat the blood sucking
TFL and the dictator mayor!
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