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Penalty Charge Notice - is it worth contesting?

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cormac83
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PostPosted: 00:44 - 26 Nov 2014    Post subject: Penalty Charge Notice - is it worth contesting? Reply with quote

Right, so I have got a PCN through the post.
Think i may have a chance to contest this as there are certain circumstance that may help it in my favor!
This is a pretty controversial subject and I expect many of you to be horrified at my dangerous and inconsiderate driving!

This is the Google maps maps view of where the incident took place.

I have been recorded going through the middle of this gap, my reason being that a large transit van was stuck going through the small gap on the right.
I heard the van scrape / mount the kerb while going through and took it upon myself to go around.
I'm not sure how long the van driver then took to go through after I performed my disobedient act.

Worth an appeal? Or should I shut up and payup?

I know that this is going against the indicated signs, just don't want to feed the council fat cats.
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covent.gardens
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PostPosted: 00:48 - 26 Nov 2014    Post subject: Reply with quote

https://i60.tinypic.com/24v7fb8.png

You went through this?

You should have got off and walked it bro, everyone knows that.
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covent.gardens
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PostPosted: 00:50 - 26 Nov 2014    Post subject: Reply with quote

Or was it this

https://i58.tinypic.com/54625d.png

Both very close to each other on that road you linked to. I guess it's the second pic? Again you should've got off and walked!
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cormac83
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PostPosted: 00:51 - 26 Nov 2014    Post subject: Reply with quote

It was this one!

https://i.imgur.com/BrQNUX1.jpg
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covent.gardens
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PostPosted: 00:52 - 26 Nov 2014    Post subject: Reply with quote

You hath contravened a keep left Sad
Good luck but I wouldn't hold out much hope.

I think the first appeal is basically free and they stop the clock re: the discount for an early payment, so it's got to be worth a try.
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G
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PostPosted: 00:54 - 26 Nov 2014    Post subject: Re: Penalty Charge Notice - is it worth contesting? Reply with quote

I'd get on to pepipoo. Not sure of the law in a case of an obstruction, but you may well have a decent case.
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cormac83
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PostPosted: 01:16 - 26 Nov 2014    Post subject: Re: Penalty Charge Notice - is it worth contesting? Reply with quote

G wrote:
I'd get on to pepipoo. Not sure of the law in a case of an obstruction, but you may well have a decent case.


Cheers, will give these guys a go.
Only got 9 days left to appeal before it goes from £65 to £130. Shocked
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defblade
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PostPosted: 08:10 - 26 Nov 2014    Post subject: Reply with quote

You've contravened a Keep Left, which is naughty; but at the same time, the lined area in the middle has broken lines around it, which means the expectation is that you can enter that area when necessary.

On the whole though, probably less hassle to pay.
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map
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PostPosted: 09:58 - 26 Nov 2014    Post subject: Re: Penalty Charge Notice - is it worth contesting? Reply with quote

cormac83 wrote:
...Worth an appeal?...

I'd say worth an appeal.
The worst if they reset the clock back to £65 demand for money.

If you believed your path was obstructed by van on road and pavement then I'd say worth a pop. After all if the camera caught you then it should have seen the van not exactly on the road.
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Skudd
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PostPosted: 10:03 - 26 Nov 2014    Post subject: Reply with quote

Appeal but state what the reasons for disregarding the signage. If it was just because the wagon took 2 second longer than you would like then you are stuffed, if it is because the wagon was stuck or broken down then an appeal is apt.
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Taught2BCauti...
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PostPosted: 10:20 - 26 Nov 2014    Post subject: Reply with quote

I would definitely appeal, but be careful how you word your defence.

I would say "From my viewpoint, I could see that the van had become trapped on the bollards either side of the gap and formed the opinion that the correct route through, would be blocked for some time. After checking that it was safe to do so, I proceeded carefully around the obstruction caused by the van, because a 'U' turn would have been unsafe due to traffic that had built-up behind me".

Or something like that.
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Rogerborg
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PostPosted: 10:34 - 26 Nov 2014    Post subject: Reply with quote

From what you've said, it sounds like you just couldn't be arsed waiting more than 2 seconds, because b-b-bad to the b-b-bone.

I'm not judging, just recommending that you get your story... straight. Recollect events in the most helpful light.

My honest view is that you're screwed though because the arrows are an absolute prohibition and there's only your word and a still picture, but you don't ask, you don't get.
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Raffles
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PostPosted: 14:02 - 27 Nov 2014    Post subject: Reply with quote

The OP was impatient and behaved recklessly, just to save himself a few precious seconds.
Who, in their right mind, would show such blatant disregard for the rules of the road and then come on here to bleat about being punished for doing so? Who, who, would do such a thing? Shifty
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BigShow
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PostPosted: 17:01 - 27 Nov 2014    Post subject: Reply with quote

Councils don't care about what you have to say. They just want your monies.

You committed a victimless crime, where no one suffered any kind of loss or inconvenience and therefore must be punished
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The Disapproving Brit
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PostPosted: 10:22 - 28 Nov 2014    Post subject: Reply with quote

Rogerborg wrote:

My honest view is that you're screwed though because the arrows are an absolute prohibition and there's only your word and a still picture, but you don't ask, you don't get.


Chances are it's his word vs the council's CCTV. I'd be getting myself in to view that and see how my story holds up against it first.

Also, pepipoo.
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barrkel
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PostPosted: 10:48 - 28 Nov 2014    Post subject: Reply with quote

If you try and claim obstruction, be sure to check the video that should be available to download online, once you enter the details of your offence - it should be on the letter.

(I got caught at a different one of these, in Islington, because of a very slow and apparently lost van was driving me up the walls, and then started crawling through a set of these bollards. But never actually stopped.)
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cormac83
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PostPosted: 14:03 - 28 Nov 2014    Post subject: Reply with quote

barrkel wrote:
If you try and claim obstruction, be sure to check the video that should be available to download online, once you enter the details of your offence - it should be on the letter.

(I got caught at a different one of these, in Islington, because of a very slow and apparently lost van was driving me up the walls, and then started crawling through a set of these bollards. But never actually stopped.)


Never new they had the video posted online, will have a look.
May even post it here if anyone is interested.
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cormac83
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PostPosted: 14:09 - 28 Nov 2014    Post subject: Reply with quote

Oh and the guys on Pepipoo dont think I have a leg to stand on!
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cormac83
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PostPosted: 17:14 - 28 Nov 2014    Post subject: Reply with quote

https://i.imgur.com/yRtpnx7.gif
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Last edited by cormac83 on 18:19 - 28 Nov 2014; edited 1 time in total
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phatstorage
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PostPosted: 17:21 - 28 Nov 2014    Post subject: Reply with quote

Absolute w@nkers for doing you on something like that but if rules be set, they needs a following or they ask you for money innit.

Proper shit though. Crying or Very sad

Should bin all that pointless crap and put in more bus lane cameras, people in cars are getting wise to using them when active.
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DrSnoosnoo
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PostPosted: 17:27 - 28 Nov 2014    Post subject: Reply with quote

cormac83 wrote:
https://i.imgur.com/yRtpnx7.gif

Think i should just pay up Rolling Eyes


He was stopped, you heard a crunch and you made the decision to go. He started to move as you proceeded but you decided to carry out the manoeuvre to avoid any confusion.
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cormac83
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PostPosted: 18:05 - 28 Nov 2014    Post subject: Reply with quote

Challenge sent!
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totalllama82
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PostPosted: 18:14 - 28 Nov 2014    Post subject: Reply with quote

Oh dear....
https://www.youtube.com/watch?v=L397TWLwrUU
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Rogerborg
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PostPosted: 19:48 - 28 Nov 2014    Post subject: Reply with quote

Use the pavement next time? Thinking
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