Old Ruislip Road/Hawtrey Avenue Northolt PCN

[AJohn92]

Hey guys, new to the forum, so hopefully posted in the right place.

 

Was driving down early morning on 23 Jan and got a PCN from Ealing Council for driving down a road between 8-9.

 

52JM Failing to comply with a prohibition on certain types of vehicle (motor vehicles)

 

I looked on google maps and the signs are not clearly visible until you approach the road. Plus no warnings before the turning.

 

I also found these two Patas appeals by looking online 2130323895 & 2130110351

 

Hope you guys can help.

Edited January 30, 2014 by AJohn92

[AJohn92]

Does anyone know another way to post a link to Dropbox for the pictures/pcn. It's saying i need to post stuff 8 more times before i can add links

[stu007]

These are the link to the one of the Patas appeals please be aware that the link may be an automatic PDF download.

 

2130323895 - http://www.patas.gov.uk/search.htm?q=2130323895&sa=go&cx=012816060298198299354%3Afz8nw4sxira&ie=UTF-8&cof=FORID%3A11

[AJohn92]

Thank you. Do i have a chance of getting my pcn cancelled, if people have won there appeals through Patas. This is my first time and am not entirely sure what my changes of success are

[ericsbrother]

Appeal to the council and see what they say in reply. Most councils do "soft" appeal where you can just drop them an email and then a "hard" appeal, which is filling out and returning the form. If they turn you down you can go to PATAS with your evidence inc pictures and quoting the relevant cases. your case may not be identical so make sure that you can furnish comaritive pictures of signage, junction layout etc. Also note where camerasthat captured you details are, if they are supposed to be used for other purposes other than catching out motorists at that turning then you will need to show the council has been misusing its pwers by permanenty focusing on the turning

[ScruffyDroid]

@ AJohn92

 

Did you manage to get your PCN cancelled? I had my appeal allowed for entry into Hawtrey Avenue from Old Ruislip Road, between 08h00 and 09h00 by the PATAS Adjudicator. Deficiency in the PCN...

[AJohn92]

@ AJohn92

 

Did you manage to get your PCN cancelled? I had my appeal allowed for entry into Hawtrey Avenue from Old Ruislip Road, between 08h00 and 09h00 by the PATAS Adjudicator. Deficiency in the PCN...

 

Not yet. My hearing is in two weeks. What was the deficiency in the PCN. Thank you

[ScruffyDroid]

Search on the PATAS register of appeals for the term

 

Contravention Location: Old Ruislip Rd / Hawtrey Avenue Northolt

 

It is all detailed there. I don't want to post names and reg numbers here

[ScruffyDroid]

Mr Xxxxx drew to my attention that the payment slip states that payment must be made in 14 days beginning when the notice is served. This of course is wrong and contrary to the correct instruction in the body of the notice.

In R (Barnet) v The Parking Adjudicator, CO/3355/2006, (judgment 2 August 2006), Mr Justice Jackson stated that a payment slip is not part of the penalty notice.

That case involved an on-street penalty.

This case involves a penalty notice-comprising documents-served by post.

I can therefore distinguish the judgment.

In any event in the case of Hackney Drivers Association Limited v The Parking Adjudicator and Lancashire County Council CO/7565/2012 on 31st October 2012 Mr. Justice Raynor when considering a penalty notice asked at paragraph 11 of his judgment, "what was fairly conveyed by the penalty notice, read as a whole?" The recipient requires certainty.

I find that the recipient of the penalty notice document read as a whole does not receive certainty.

I will therefore allow the appeal.

I find that there is no requirement to make judgment on the adequacy of the signage issues.