Penalty charge notice advice

Dalkirst

Hi wondering if anyone can help with this please?

I've been sent a PCN from the council but it was my partner driving but that doesn't matter that's not what i need advice on.

It's for Failure to comply with a give way to oncoming vehicles sign

Now the road they say it's from i think can only be one place.I think they are talking about one of them places where they cut the road in half with a bollard type thing so you can only fit one car through and there is a signpost on the 'island'.So bascially you wither have the right of way or have to stop for cars coming the other way and they come onto your side of the road to pass.Does that make sense,i hope so;)
Now the way she would have been going is to give way.She doesn't remember any police there so i suppose being from the council it must be them otherwise it would have come from the local police?
She did say that they someetimes have a car down there.We have one or two of them small smart cars driving around the borough with 360 degree cameras on the top of a big poll checking on cars etc.
I have appealed it on the grounds that she is a care assistant doing home care going into old people's homes and as the time stated was 4.30pm she would have been at a users home at this time as she has a call at 4.30-5.Of course she could have been late but it's worth a try and i have said we and her employer have timesheets to prove she was there.This is just her filling in a form and the old lady signing it:o
Not much i know but they might look at this and think it's not worth bothering then,a long shot i know:rolleyes:


Anyway what i wanted to know is this and i think it's a grey area and wanted to know if anyone knew the laws on this?

How can they say she hasn't stopped?

As long as she got through and the other car coming through got through ok then why should she have to stop?

I would say that you can see say 300 yards at that give way sign so does that mean if you stop and see a car 300 yards away you have to sit there and wait all the time even though you'd have plenty of time to go through?

I just don't understand how they can say she didn't stop.Surely if she didn't stop then the other car would have hit her or something?

I suppose i should have said this on the appeal form.I did ask though for photographic evidence so i suppose we'll have to wait and see.There is nothing to lose appealing as the £60:eek: fine is paused and you either win or lose and then still pay the £60.

Thanks here's hoping someone knows and can help:)

Bob63

There is a red-circled road sign which says "Give way to oncoming vehicles". As it is red circled, it is a sign giving a prohibition order and is therefore is legally enforceable. It is reasonable to expect a penalty if you don't comply. You can see the sign in question in the "Signs giving orders" document on the Highway Code official website - http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/Signsandmarkings/index.htm

You can also see the regulatory signs here - http://www.ukmotorists.com/Regulatory_signs.asp

As for your appeal, I don't see why the grounds you state would exempt your wife. The only people with exemptions from certain traffic laws are the emergency services and even then the list of things they can do is quite small e.g. go to the right of keep left bollards, exceed speed limits, treat traffic signals as give-way junctions. They will get prosecuted for going the wrong way down a one way street or crossing double white lines. I'm not 100% sure but I don't think emergency services have an exemption on give way to oncoming traffic.

esuhl

As I see it, the question isn't as to whether the sign had to be obeyed, but whether there is any evidence that it wasn't.

It would have to be worth contesting. Unless there is photographic evidence or multiple police witnesses, then I don't see how the PCN can be enforced... But I'm no legal expert!!!

It looks like you might be able to get some help with appealing against the PCN, judging from this web search: http://www.google.co.uk/search?q=appeal+pcn

Dalkirst

Yes that's it what i am questioning is how far can they say the car she had to give way to should be so if you see a car 300 yards away does that mean you still have to stop?
She wouldn't have seen a car say 10 yards away and thought i can make that and gone through before he got there so i think they are just trying to cash in as per usual.

I wish i'd put this down now on the form:/