LA has responded with an evidence pack, and I've opted for a telephone hearing. This is their summary
This statement is submitted in response to the appellant's appeal against the Penalty Charge Notice issued for failing to comply with the No Entry restriction.
The signage at this location, items 7 & 9, is clear, prominent, compliant with regulations, and positioned so as to be visible to any motorist approaching the restriction. This is demonstrated in the photographic evidence, item 5 & the video evidence, item 6, uploaded with the PCN and has been supplied to the Tribunal in full.
The appellant argument that there was no 'No Entry' restriction as the signage is incorrect and that the contravention did not occur as the signage states "No Vehicles Except for Access" restriction only applies on Saturdays 10am - 4pm. As we entered after 4pm, this restriction did not apply, is factually incorrect as the compliant signage clearly states 'No vehicles Except for access on Saturdays 10am-4pm' as the appellant entered at 16:18 the penalty charge notice was issued correctly.
The signage, at this location, is positioned on both sides of the carriageway, fully compliant & visible to the motorist, evidence item 7 & CCTV warning signage, prior to the location, evidence item 8. As clearly stated in the Highway Code, Signs with red circles are mostly prohibitive, with a plate below qualifying their message, as in this case 'No vehicles Except for access on Saturdays 10am-4pm' evidence items 7 & 9.
It is the driver’s responsibility to check for signage that is in place. Motorists are expected to notice all road traffic signage on every journey, understand its meaning and act accordingly.
In summary, the contravention is clearly observed in the photographic evidence Item 5, specifically photographs 2 & 4 and video evidence item 6, taken at time of the contravention. The vehicle is clearly seen travelling through the 'No Entry' when not permitted.
The Authority is satisfied that the signage in question is fully compliant with the requirements of the road traffic legislation.
A reasonably observant motorist would have been aware of the restriction before entering Chatham High Street .
Signage is Clear and Fully Compliant
The restriction is clearly marked with prescribed signs on either side of the carriage way
The signs are positioned at the decision point before entering the High Street
Completion of the manoeuvre into the High Street demonstrates that the restriction was passed and the prohibition contravened.
Discretion Was Considered and Declined
The appellant requests the Tribunal to consider whether additional discretion should apply.
The Council has already considered discretion when responding to the formal representations and determined that it was not appropriate to cancel the PCN.
The explanations provided by the appellant do not align with the legal requirements or the evidence available.
For the reasons above, the authority respectfully requests that the appeal be refused and the penalty charge upheld.
Immediate things I noted:
- They've ignored the wrong code on PCN issue
- They've ignored the poorly worded signs
- They keep referring to our appeal as discretion, which it wasn't, and we aren't appealing on the basis of further discretion as they've stated
- They've ignored all the procedural impropriety parts
I presume I now "Add Evidence" to post up my full appeal statement? I'm proposing the following, all suggestions and additions gratefully received!
1) The contravention did not occur - the PCN states Code 51J contravention of No Entry restriction - there was no "No Entry" restriction, the sign driven past was a prohibition on certain types of vehicles (which is Code 52V for this sign, which even I managed to discover with just five minutes on Google), and although this sign can have a similar effect, namely that at certain times vehicles should not pass them, this does not mean they are the same for legislative and enforcement purposes. They are distinguished in the regulations, and separate contravention descriptions exist for them. From the Statutory Guidance: Authorities should not issue PCNs when traffic signs or road markings are incorrect.
2) The traffic signs were ambiguously worded - as per our original appeal to Medway, our interpretation (whilst controlling a moving vehicle on a busy road) of these signs were that there was a "No Vehicles Except for Access" on "Saturdays 10am-4pm". Medway in their response have indicated their intention was the sign to mean "No Vehicles" "Except for Access on Saturdays 10am-4pm". There is no possible way a driver could distinguish the intention between these two meanings without receiving the clarification Medway have provided in the Notice of Rejection. For example, a better and unambiguous way of wording this sign could have been "No Vehicles except for:" and then underneath "Access only on Saturdays 10am - 4pm" which would leave a driver in no doubt. We actually waited for around an hour in a nearby restaurant until it was past 4pm just so we could drive down the high street to collect a heavy item purchased at an antique shop!
3) Procedural impropriety by the Local Authority - they failed to properly consider my representations. They refer to the representations as “mitigation”, which they were clearly not - they were that the contravention did not occur (for the reasons given). They also failed to consider the representation that the contravention on the PCN did not occur because there was no No Entry sign. Even now in their evidence pack to the TPT, Medway continue to refer to my appeal as being an appeal to their discretion, and my appeal to the TPT being based on “further discretion”. Both the appeal to Medway and the TPT are, as stated here, based on failure to issue a PCN for the contravention they allege, failure to follow the procedures they are lawfully required to follow and using a traffic sign which is ambiguously worded and could have easily been worded in an unambiguous fashion.
4) Procedural impropriety by the Local Authority - the original PCN failed to specify that “Procedural impropriety by the Local Authority” is a valid ground of representation.
5) Procedural impropriety by the Local Authority - the Notice Of Rejection fails to specify proper details on appealing to the TPT. The Local Authority cannot discharge this duty by referring a person to a third parties general website.
