Author Topic: 52JM - Failing to comply with a prohibition on certain types of vehicle on Federal Road, Perivale.  (Read 835 times)

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A PCN was issued to me for a vehicle on 01 June 2025. The alleged contravention was 52JM - Failing to comply with a prohibition on certain types of vehicle on Federal Road, Perivale.
Following receipt of the PCN, an initial representation was made to the council challenging the notice. The basis for this challenge was that the signage was inadequate, specifically that the advance warning sign for the restriction had been turned away from oncoming traffic, making it illegible. On 11 September 2025, Ealing Council issued a "Notice of Rejection of Formal Representations." In this letter, the council acknowledged the specific claim about the turned advance sign but rejected the appeal, stating that non-awareness does not exempt a driver from liability.
The core legal argument for the appeal is that the contravention did not occur due to a failure by the council to provide adequate and legally compliant signage. The faulty advance warning sign did not give fair notice of the prohibition, creating an "enforcement trap." The final sign at the junction was only visible after a driver was already committed to the turn, with no safe opportunity to take an alternative route.
Strong evidence has been gathered to support this claim, including clear photographs showing the advance warning sign is turned sideways and illegible from the driver's perspective. The council's own rejection letter also serves as written acknowledgement of the claim about the faulty sign.
In conclusion, I would like to understand whether I should appeal this to the London Tribunals and lose the discounted price, but hoping to win the appeal, or just pay the discounted price as the rate of success is low.
Thanks and kind regards.

Documents and proofs:
https://drive.google.com/drive/folders/1ZeSpJ-h3pfk5XFPVXywShchJCa5xs4bT?usp=sharing
« Last Edit: September 15, 2025, 11:02:04 pm by uej00 »

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Please post the documents that you have received plus the photos that you have so they can be reviewed.

Have a look at this post which contains details of how to upload the information: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
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Unfortunately GSV is not sufficiently up-to-date and also omits a significant length of Federal Road in its coverage.  However, the advance sign is not a traffic sign, and is shown not facing oncoming traffic even in the latest GSV view of August 2024. However, the council clearly considered an advance sign was necessary, and not wonder, because this restriction is clearly designed to stop HGVs, LGVs and other commercial traffic from proceeding to and from the industrial premises on Wadworth Road.

Regulation 18 of the The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 puts a duty on councils to place adequate signage of a restriction and to maintain that signage the whole time the restriction is in operation:-
https://www.legislation.gov.uk/uksi/1996/2489/regulation/18

Clearly they have failed here. However, notwithstanding the very poor advance sign, the fact is that one approaches the restriction head-on and can see the signs from a distance away, so this would count against an appeal succeeding.

So it all depends on your attitude to risk of having to pay £160 instead of £80

Here is what the Earl of Montrose wrote: -

"He either fears his fate too much
Or his deserts are small
Who fears to put it to the touch
To win, or lose it all"