Pedestrian zone

paddypaws101

Hi, I live in London Borough of Waltham Forest. Today I received a PCN relating to to 'Failing to comply with a sign indicating a restrictionon vehicles entering a pedestrian zone ' Oh and there are 2 lovely pictures of my car in action. I work late and finish around 9pm, and drive home by the shortest route which is to turn off Hoe st and down the High street or Market. I have been doiing this 2 nights a week for ten years! Now I get a ticket!! Obviously this is a pedestrian area by day, but many cars use it as a through way later at night and I had never thought that I was doing anything wrong
How can I check WHEN this new pedestrian zone was set up? If it is brand new do I have cause for appeal, or appeal on any other grounds?
The offence happened on 24 Sept, and I have driven the same way several nights since....should I be expecting several more PCNs, or can they only charge me once???:mad:

DaveF327

Let's have a little look:



24th September was a Thursday.

Sorry, you're guilty as charged. You cannot drive down that street at all except Mondays or to load at that time of night. Cutting through is not permitted, not even riding a bicycle.

That image is from google streetview which is renowned for being yonks old. It doesn't look like a new restriction to me.

Coblcris

Only the signage in place at the time of the alleged contravention is of relevance. Plus of course a conformant Traffic Order and the statutory process being followed in making the Order and in issuing the PCN and any follow up papers.

ginnersinner

The Traffic Management Act 2004 (Part 6) gave Local Authorities the power to enforce various traffic offences, but it wasn't brought into force until this year in most places. That's why you've been getting away with it for years, but have now got a ticket. The act allows CCTV enforcement.

Neil_B

ginnersinner wrote: »

The Traffic Management Act 2004 (Part 6) gave Local Authorities the power to enforce various traffic offences, but it wasn't brought into force until this year in most places. That's why you've been getting away with it for years, but have now got a ticket. The act allows CCTV enforcement.

It hasn't been brought in at all for such contraventions. It is still flawed an they are trying to put it right.

He/she will have a PCN issued under LLA & TFL Act 2003 -- and those issued by WF are normally flawed.

With numerous recent posters ignoring all advice and never following up - no doubt this will be the same on this forum.
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paddypaws101

Dave F, thanks for that lovely picture of the Stow market! Does the info on the sign not allow 'loading' between midnight and 10am, and 4pm to midnight? I think I stopped at the off licence half way down the market at around 9.15pm to load up with a couple of cold cans...does that count??
On a more serious note Neil B, how do I know if the PCN has been correctly issued or is flawed as you suggest?

Neil_B

paddypaws101 wrote: »

On a more serious note Neil B, how do I know if the PCN has been correctly issued or is flawed as you suggest?

You show it, ALL of it.

To be honest, I can tell you when you show it but I have limited availability. You would be better taking it to 'PePiPoo' forums where there are more members with knowledge.

We overturned 7 moving traffic PCNs with WF in one hit for an appellant this week.
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Coblcris

Neil_B wrote: »

You show it, ALL of it.

To be honest, I can tell you when you show it but I have limited availability. You would be better taking it to 'PePiPoo' forums where there are more members with knowledge.

We overturned 7 moving traffic PCNs with WF in one hit for an appellant this week.
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By virtue of a PCN flaw ? If the council has not fixed the flaw and is still issuing what it knows to be unenforceable PCNs then some pointed question should be asked.

m1974m

I received two PCNs in two weeks for the same reason a bit further along Walthamstow High Street. I have also been using that route almost every week for the last ten years to pick my mum up who works in a supermarket down there. As this has previously involved me waiting in my car I can tell you that this pedestrian zone used to be enforced by traffic wardens (especially on a Sunday when there was no market). This enforcement seems to have changed now to CCTV hence the tickets I received in July of this year. I too was shocked by this but promptly appealed against both and I have not heard from them. Can I assume that I have won the appeal by default as they have not responded after 56 days?

jb66

Whats so special about Mondays?

Neil_B

Coblcris wrote: »

By virtue of a PCN flaw ? If the council has not fixed the flaw and is still issuing what it knows to be unenforceable PCNs then some pointed question should be asked.

Of them and numerous other Councils, yes.

WF and others, as you know, routinely try it on, deny any fault and bottle before Adjudication. It is, I agree, effectively fraudulent.

Since very few rulings are ever needed against them they continue to use the duff docs.

One solution is to make strong formal complaints specifically against the appeals officers that respond with blatant lies or intransigence. In reality, most people are so relieved to have resolved the long haul when the Council back off that they have little energy left to do this.

Pretty much one of the major reasons I'm here and maybe you too Cris?
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Shame OP here has not acted on advice so far?
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