pcn 50L

[michael]

Re: pcn 50L

If the FOIA is used, they have 20 days maximum to produce the TRO.

Not sure how that helps, OP's appeal needs to be in this week. Anyway it's 20 working days ie a month.

[GOONERLAND]

Re: pcn 50L

just checked again no show of signs on video footage - only a no uturn sign which is facing opposite way.
thanks all

[GOONERLAND]

Re: pcn 50L

Received a reply from council yesterday 'notice of rejection' having read the
they have accesed the case and are satisfied the PCN was correctly issued
quote
i confirm there is a responsibility upon motorists to be aware of restrictions in this case there are clear signs located
i can advise u that every day when enforcement is carried out for this type of contravention the cctv operator will take cctv footage of the sign plate in place indicating the restriction.i also advise that if the vehicle is seen by a police officer commiting this type of manouvre they have the powers to stop the vehicle and to potentially charge the driver for dangerous driving or without due care and attention...
you should either pay thr charge or appeal to the adjudicator..
sound like pure waffle!
ANY ADVICE WELCOME

[bluebottle]

Re: pcn 50L

Received a reply from council yesterday 'notice of rejection' having read the
they have accessed the case and are satisfied the PCN was correctly issued
quote
i confirm there is a responsibility upon motorists to be aware of restrictions in this case there are clear signs located
i can advise u that every day when enforcement is carried out for this type of contravention the cctv operator will take cctv footage of the sign plate in place indicating the restriction.i also advise that if the vehicle is seen by a police officer commiting this type of manouvre they have the powers to stop the vehicle and to potentially charge the driver for dangerous driving or without due care and attention...
you should either pay thr charge or appeal to the adjudicator..
sound like pure waffle!
ANY ADVICE WELCOME

Spot-on! The council drone who made the statement clearly hasn't a clue as to legal requirements, the rules and laws of evidence or the law generally. Also, if the police witnessed an offence, it would be Failing to Comply With the Direction Given by A No Left-Turn Sign, not what the council drone claims. In order to prove Dangerous Driving, you have to be able to demonstrate the standard of driving was so bad it represented actual danger to other road users at the time of the offence. For Driving Without Due Care and Attention, it has to be more than simply going against a No Left-Turn sign. I don't know who has told this council drone what to say, but they are going to land the local authority in serious hassle if they are not careful. However, if the council drone has been stupid enough to admit what has been going on, use it to your advantage.

In order for the offence to be proven, the vehicle must be shown committing the alleged contravention and the sign clearly displayed within the same frame. You cannot produce two separate clips, taken at different times, and claim the contravention is proven. No court would allow that. The argument I would foresee being put forward is that the video footage could have been taken anywhere or that the footage has been tampered with.

I would certainly challenge the matter and put the council to strict proof.

[GOONERLAND]

Re: pcn 50L

absolutely agree with you 100% THANKS
more comments welcomed

[gazman]

Re: pcn 50L

absolutely agree with you 100% THANKS
more comments welcomed

Hi, How did you get on with the appeal? Did you take it to the adjudicator?

I am in a similar position. Picture of me turning left into a road. No signs in these pictures show that I cannot turn left, but the council has provided pictures of a sign and the road layout from 3 months prior showing the no left turn sign.

The no left turn operates between 07:30-09:30 only and there are no road markings.

I am going to appeal to the independent adjudicator but i obviously stand the risk of doubling my fee to £130. Not sure whether to take the chance? any advice.