A number of people have emailed me to ask if I had a copy of a letter that they could use against Lambeth following being issued with a PCN for this "contravention" on Salters Hill.

The following letter was sent to me by a very kind genteleman who has suffered at the hands of Lambeth at this location and who kindly said that we could include it on here. I make no guarantees or assurances whatsoever that it will work, nor do I take any responsibility whatsoever if it doesn't work. I just think it's a damn good letter . . . :

 

 

 

Dear Sirs, 
 

Ref: Penalty Charge Number ***** dated *** 
 

I am in receipt of the above penalty charge notice (PCN) and have checked the supporting photographic evidence on your website. I do not believe that either of these items show that any offence has been committed.  
 

If an offence of “Failing to comply with a give way to oncoming vehicles sign” had been committed then it would have taken place at or before the point where my vehicle crossed the give way markings on the road. None of the four photographs referenced on your website show my vehicle at this point, they in fact show my vehicle considerably after this point. 
 

The Traffic Signs Regulations and General Directions 2002, a statutory instrument, defines non compliance with give way signs and markings as: 
 

<no vehicle shall proceed past the marking shown in diagram 1003.4 in a manner or at a time likely - 

 
 

Again, your evidence does not show that this has happened. 
 

In addition section 105 of the Highway Code states that a typical stopping distance from 30 mph (the speed limit in force on Salter’s Hill) is 23 metres (this comprises 9 metres thinking distance and a further 14 metres stopping distance) which would mean that I, as the driver of the vehicle, would have had to make a decision about crossing the give way markings and proceeding past the ‘give way to oncoming vehicles’ sign some 23 metres before the markings. It is therefore the traffic situation at this point that would need to be considered when deciding if any offence had been committed. I would therefore request that you provide me with evidence of the oncoming traffic situation when my vehicle was 23 metres before the give way markings thus clearly showing that your operatives were able to make such a judgement. 
 

I note that the photographs provided on your website are

a) In the wrong sequence according to the timings shown on the photographs.

b) Cropped or zoomed to show different views thus making it difficult to accurately compare one with another.  
 

Furthermore I note with interest recent articles in the Streatham Guardian and Evening Standard about similar cases based on incorrect evidence and doubts as to whether CCTV camera Operators are trained to a high enough standard to provide the value judgements required in such cases. 
 

I trust that you will be able to provide me with the more accurate evidence requested above, at which time I will then consider and take advice on whether I believe any offence had been committed. I will then of course reply within the 28 day period as requested. 
 

I look forward to receiving your reply in the near future. 
 

Yours faithfully,