Free Traffic Legal Advice

I have been fined for driving a HGV over the Brent Cross flyover which has been weight restricted, according to TFL,  since 2022, due to structural weakness while they have sought to secure funding to repair it.The street view location is here:



The PCN


I do not live anywhere near London so have been unable to visit the location in question.  I agree it should be weight restricted if that is what engineers have determined and try to be diligent in abiding by all directions for HGVs, however, I have examined the approach to the flyover on google street view and the images available do not show any HGV restriction signs (white background, red circle, black HGV silhouette with weight restriction printed on it - see image below).



Rather there are two mobile electronic sign boards and a temporary yellow A-frame/sandwich board on the approach with written directions for HGVs to leave the carriageway, but no HGV prohibition symbols:





These images are from 2024, so it is impossible to say if the signage lay out is still as seen in the photos. However, assuming it is I do not believe this signage is adequate or meets regulatory requirements for indicating a weight restricted route. Driving is a dynamic situation and correct signage is essential, especially in such a hectic bit of London after a long day or driving, as our eyes are drawn to key patterns and symbols we learn to look out for. More pertinently Part 1 of Scedule 3 of the Traffic Signs Regulations and General Directions 2016 states:

“1.  The requirement, restriction or prohibition of a description in column 2 of the sign table in Part 2 must be conveyed by a circular sign of—

(a)the colour and type provided for a sign in the diagram in column 3; and

(b)the size provided for in column 4 of the table.”


The relevant symbol from the sign table is 622.1A:



In the photos no such diagram is visible on the temporary yellow sign or the electronic boards. I believe a yellow sign with the correct symbol is what would have been required for this prohibition to have been compliant. Something akin to this:




Apart from inadequate signage, I would also contend that as the photos are over two years old the temporary signs may have deteriorated, been removed, blown over or in the case of the electronic signs, may have been malfunctioning/blown LEDs.

Moreover yellow backed signs are to indicate temporary diversions and road works as far as I can tell (I have been struggling to find regulatory or legislative descriptions of the purpose of yellow signs – any help would be greatly appreciated) and I question whether it is appropriate to be using temporary yellow A-frames and electronic boards for a restriction that has been in place for over four years.

I am also slightly scandalised that while they can't be bothered to install the correct signage to indicate a temporary restriction, they can be bothered to install a camera to enforce said incorrectly signed restriction. 

I believe I have strong case, but I would really appreciate some help getting this water tight to stand the best chance of having the PCN rejected at the initial appeal stage as the employer’s, to whom the PCN is addressed, preference is to just have me pay, docked it from my pay, which would be my entire wages for that day.

Thanks in advance.