33e contravention - need some support to assess if I have a right to appeal

solidsnake_2

Hello all,

I recently received a PCN from Southwark Council. This is for "Using a route that is restricted to certain vehicles (buses, cycles and taxis only)"

I want to appeal on the basis that "the contravention did not occur" because I saw the notice stopped the car and then did a U turn in the road. So I never continued down the road or through the actual zone that is being operated. 

However, before doing so, I thought I'd ask the collective wisdom here; at what point does a contravention which involves travelling along a route occur? 

• Image 1 shows the approach
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• Image 2 shows where I applied the brakes (a car behind me meant I could not reverse) and did a U turn heading back. I did not go any further than this point - thus, in my view, not using the route and not making the contravention.
• 
  

In this instance, I was reading the sign as I got to it. Since it operates within certain time periods I checked the time and noted I would be within the restricted time. Hence rather than continue. I complied with the notice and aborted my direction of travel.

I've attached the stills that have been provided to me (I've taken a chunk of the vehicle out as I note the rules to not be identifiable and this vehicle is pretty unique!)

Interestingly I have requested the video for which they cannot produce. This would show me turning the car around.

Grateful for your thoughts/guidance.

Keep_pedalling

You car has entered the bus gate so I think you are on a hiding to nothing, but you could try posting over on the Pepipoo forum for a second opinion.

http://forums.pepipoo.com/

ElaniArtin

I have appealed this in Wolverhampton and in West Brom, not caring if I had a right to appeal. I was angry so I just did it.  I showed photos, explained the situation(dark, too many signs, road work and confusion...) I made my case that I try to drive lawfully and carefully and my record is good. I have hope that some sensible understanding person will be in that day, and so it was. What have you got to lose by appealing except some time? IMO

Umkomaas

As we major on private parking tickets here, PePiPoo will be your best bet for council tickets. Register there but please note that a Hotmail address won't work - try using a throwaway Gmail account instead if you do have trouble registering, and post a new thread; here's your link:

http://forums.pepipoo.com/index.php?act=SF&s=&f=30

Read the sticky 'Read this before you post' as well as reading through some of the other threads there ahead of posting your own details, to get the hang of what information they need from you in your opening post - but as a minimum you will need to post redacted photos/scans of all correspondence you've received from the council (both sides, if appropriate), as they need to see all the small print.

solidsnake_2

Thanks for the heads up. Seems like Pepipoo is becoming defunct. I had posted there before coming here. I will appeal either way. I don't mind paying the fine if I actually used the lane. But in this case, I didn't and they will have evidence to that effect (although I find it suspicious they cannot find it)

Le_Kirk

As far as I am aware PEPIPOO still works (just tested it) but there was an issue in June which caused them to set up the new one, no further news on whether it is permanent or not!