Traffic fines around Dulwich village - has anyone appealed successfully

[ianr]

boomshake22 Wrote:

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> i appealled to the fine entering

> dulwich village and was successful

Your letter's headed "Representation". Did Southwark reverse the decision themselves after considering it?

[boomshake22]

Yes. The appeal is a representation, I basically appealed with this letter and they considered it and cancelled the fine.

I used information from another forum,as advice.

This charge us unfair and should be challenged.

[hammerman]

You were very lucky boomshake.

This charge is very unfair as Dulwich Village has been a normal thoroughfare for cars etc. for many years with no problem.

Southwark Council should be ashamed of themselves for putting these measures in place. This started with the stupid planters put in place across another normal thoroughfare in use for over a hundred years.

Please use your vote wisely on the 6th May.

[sandyman]

Thanks for posting this. Did they give the reason that they cancelled the fine?

Your reference to conflicting info about PCN saying representation must be by post, but website lets you do it online was the case with my Lewisham PCN too but I didn't know this might possibly enable me to get the fine cancelled.

I've paid now but maybe i can quote this bit and ask for a refund?

boomshake22 Wrote:

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> i appealled to the fine entering dulwich village

> and was successful , i have attached my letter

> please edit as required

> you can simply submit this online on the southwark

> parking website, that what i did, add your own

> pics

>

> good luck with this,,, it is an absolute disgrace

> of a cashcow charge

[intexasatthe moment]

I don't think it was luck that boomshakes fine was cancelled .I think it was a result of the very cogent and detailed letter that was sent by him/her .

[boomshake22]

Thanks, it's worth doing the research, please feel free to pass the letter on, yes the pcn says to reply in writing on the pcn but the website states you can submit online, much easier, again misleading info on the pcn.

Whatever convinced them to cancel my pcn,is detailed in the letter, so it's an error on their part that they are obviously not admitting, and as far as I can tell not correcting.

[walkingtall]

Can anyone please advise me if I?m allowed to push my vehicle to my home in Dulwich village from the roundabout to save me having to drive for 30 minutes to get to my home instead of the 30 second journey from the roundabout

[ianr]

Chick wrote:

------------

> I have just appealed but don't expect success.

I trust you've still included the >28 days gap ground in your representations, if they haven'r explicitly provided you with justification for it.

[kmoon249]

Brill letter Boomshake. Thank you so much for sharing. We received a PCN 2 weeks after yours and appealed right away. Similar points but not nearly as well written. We have yet to receive any word from Southwark.

I was told by Southwark that the fine would not be increased if our appeal was rejected. In fact, the auto email we received from Southwark confirmed this:

Dear xx,

Thank you for submitting your online challenge or representation regarding Penalty Charge Notice (PCN or parking ticket) reference: xxxxxx.

A copy of your submission is attached for your records.

Your case will be placed on hold and will not progress any further until we have responded to the contents of your challenge or representation. If you have challenged your notice within 14 days from the date of the notice, the case will not increase in cost whilst it is on hold.

Your challenge or representation will be considered and a response will normally be sent to you within 21 days from submission date. If we require any further information when considering your challenge or representation we will contact you.

Yours sincerely

Parking and Traffic Enforcement

Regulatory Services

Southwark Council

I was in touch with both DV Councillors when the fine occurred. I would suggest being in touch with them as well.

Good luck to us all.

I'll post when I hear the outcome of our appeal.

[slarti b]

One point re Boomshakes letter, the roundabout with the misleading signs is at the junction with Burbage Road rather than Pickwick Road.

btw those who suggested appealing to local councillors are, IMHO, a little naive. It is the local councillors and their Labour colleagues in the council Cabinet who have instigated these measures and worked with the Council officers to implement them. If they show support for any appeal it will show up their errors.

[roywj]

Saw a SUV with gaffer tape over half of the number plate this morning driving down Burbage Road. Wonder if cameras are checked for this sort of thing?

[alex_b]

roywj Wrote:

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> Saw a SUV with gaffer tape over half of the number

> plate this morning driving down Burbage Road.

> Wonder if cameras are checked for this sort of

> thing?

But of course the fines are because motorists are confused...

[roxie99]

good idea!

[alex_b]

roxie99 Wrote:

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> good idea!

?1000 fine if caught.

[kmoon249]

Received word today that our appeal was rejected - on account that the blue round sign is perfectly legit. We still have 10 days to pay at the reduced rate.

[HannahSE23]

Hello, I've just been caught out by the Dulwich Village camera of doom. I even stopped and dangerously tried to do a three point turn when I saw the sign but so many other cars were passing me, I foolishly thought 'oh it must be fine' and carried on. I've seen boomshake22's fanatastic letter and I'm hoping to appeal successfully. Has anyone else had a positive outcome since?

Thanks!

[alex_b]

Would you appeal a speeding fine based on an argument that everyone else was speeding too? I?m sure getting a fine is frustrating but I feel drivers should take responsibility for their actions - especially as you say you saw the sign and understood you needed to turn around.

[mfcjoe]

hoonaloona Wrote:

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> Hello, I've just been caught out by the Dulwich

> Village camera of doom. I even stopped and

> dangerously tried to do a three point turn when I

> saw the sign but so many other cars were passing

> me, I foolishly thought 'oh it must be fine' and

> carried on. I've seen boomshake22's fanatastic

> letter and I'm hoping to appeal successfully. Has

> anyone else had a positive outcome since?

> Thanks!

Have a look on pepipoo website, (don't let the silly name deter you), there are loads of threads on there where they have got people off of these extortionate fines, just put Dulwich village into the search bar and you'll be shocked, then start your own thread, you will get a response, they're good people on there who will help you

[AylwardS]

Although this thread is dealing with individual penalties those reading it might want to respond to the formal consultation which will decide if the current experimental restrictions are made permanent. The consultation is open until 11 July https://consultations.southwark.gov.uk/environment-leisure/dulwich-review/

[EDRH1114090399]

We were also caught out by the camera at the end of Townley Road and also in Dulwich Village. We agree with UIStED that this is obviously a money making scheme for Southwark Council, as the signage is inadequate, and that residents were not informed about the road priority changes.

We were sent 3 PCNs, one for Townley Road and two for Dulwich village. One of the Dulwich village PCNs was dated 50 days after the alleged contravention. The council is legally obliged to send out a PCN within 28 days of a contravention, therefore any PCN dated more than 28 days after the contravention is INVALID, and you do not have to pay the fine. Of the other two, we appealed for the reasons already mentioned (after the 14 day discount period had ended). By law, all issuing authorities have a maximum of 56 days to respond to your appeal. In addition to this, if an authority has it's own stated policy on its response time to an appeal, the are obliged to follow it. Southwark council is legally obliged to respond to email appeals within 21 days. They have still not responded after a month. This means that the PCNs are now invalid.

It's good to know that the council are legally obliged to follow their own stated policies and that they are also obligated to respond within a given timeframe. If they fail to do this the PCN is invalidated. We have seen on various earlier threads that the council in the beginning did respond to appeals but it looks as though they are no longer doing so - this could be because they have already reached a financial target (having made 2.5 million pounds with just 3 cameras over a 3 month period - posted in a previous thread).

We're posting this simply to say what our experience was and to point out that the council also has obligations. If you feel for whatever reason that a PCN has been issued unfairly then ALWAYS APPEAL. If the council do actually respond and reject your appeal within 21 days then you can take the appeal higher, to the London Tribunals, who are independent adjudicators, and will judge the case on its merits in an impartial way.

[mfcjoe]

EDRH1114090399 Wrote:

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> We were also caught out by the camera at the end

> of Townley Road and also in Dulwich Village. We

> agree with UIStED that this is obviously a money

> making scheme for Southwark Council, as the

> signage is inadequate, and that residents were not

> informed about the road priority changes.

>

> We were sent 3 PCNs, one for Townley Road and two

> for Dulwich village. One of the Dulwich village

> PCNs was dated 50 days after the alleged

> contravention. The council is legally obliged to

> send out a PCN within 28 days of a contravention,

> therefore any PCN dated more than 28 days after

> the contravention is INVALID, and you do not have

> to pay the fine. Of the other two, we appealed for

> the reasons already mentioned (after the 14 day

> discount period had ended). By law, all issuing

> authorities have a maximum of 56 days to respond

> to your appeal. In addition to this, if an

> authority has it's own stated policy on its

> response time to an appeal, the are obliged to

> follow it. Southwark council is legally obliged to

> respond to email appeals within 21 days. They have

> still not responded after a month. This means that

> the PCNs are now invalid.

>

> It's good to know that the council are legally

> obliged to follow their own stated policies and

> that they are also obligated to respond within a

> given timeframe. If they fail to do this the PCN

> is invalidated. We have seen on various earlier

> threads that the council in the beginning did

> respond to appeals but it looks as though they are

> no longer doing so - this could be because they

> have already reached a financial target (having

> made 2.5 million pounds with just 3 cameras over a

> 3 month period - posted in a previous thread).

>

> We're posting this simply to say what our

> experience was and to point out that the council

> also has obligations. If you feel for whatever

> reason that a PCN has been issued unfairly then

> ALWAYS APPEAL. If the council do actually respond

> and reject your appeal within 21 days then you can

> take the appeal higher, to the London Tribunals,

> who are independent adjudicators, and will judge

> the case on its merits in an impartial way.

Good info, i'm waiting on 2 appeals for Dulwich village, i lodged appeal on 04/05, so they have 3 days to get back to me, fingers crossed. EDRH is right always appeal and don't vote Labour next May.

[AylwardS]

Re the 28 day limit EDRH1114090399 quoted there are exceptions.

These may not be current as this is the original legislation but there is an exemption of up to 6 months for the issue of a penalty in regulation 10 of The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 https://www.legislation.gov.uk/uksi/2007/3483/regulation/10/made and DVLA may well be slow at replying given Covid.

I?ve not heard of a legal obligation to respond in line with Council policy. EDRH1114090399 can you provide details of the Act / Regulations that make this a legal requirement?

[Pierre]

alex_b Wrote:

-------------------------------------------------------

> Would you appeal a speeding fine based on an

> argument that everyone else was speeding too? I?m

> sure getting a fine is frustrating but I feel

> drivers should take responsibility for their

> actions - especially as you say you saw the sign

> and understood you needed to turn around.

Exactly this. Which other laws are you allowed to break, but get away with if you say "oh, I wasn't looking properly" or "well I don't agree with the law"?!

[tutorse22]

Hello, I don't live in the neighbourhood any more but still drive through ED/Dulwich for school stuff

I haven't been able to stop and read the road signs carefully but am worried about all these fines and about the risk of accidentally driving down the wrong roads at the wrong time... Could some kind person say exactly where the new restrictions are in Dulwich Village?

thank you!

[Giacomelli]

I've had so many fines now in Dulwich (I no longer live in ED), I've decided to not go there any more for certain shops/cafes - it's too much of a risk. I'm often looking out for people crossing the road, or other perils in the road and therefore haven't noticed the new signs. Where on Southwark website can I find a map of the restrictions?