Author Topic: 52M Failing to comply with prohibition of vehicle, Station Parade (Barking)  (Read 1552 times)

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Hello everyone!

I received a PCN Today from Dagenham and Barking council in relation to the alleged contravention
52M Failing to comply to prohibited vehicles

this happened at Barking train station, Station Parade Barking

I was picking up my girlfriend as she was getting the train back from Scotland into Tilbury however there was C2C works which stopped all trains up 11pm at night but that wasn't guaranteed by C2C, I've never driven in the Barking area and did not see the signs however the evidence shown below does clearly show the signs.

At the time I was there, there was a few other cars that did not have any taxi signage so I had assumed it was a safe pickup area.

C2C did not mention there was any rail replacement going and it was going to be extremely difficult for her to get from London to Tilbury to make it home safely, she ended up having a panic attack on the phone whilst I was driving to rescue her from the station without being forced to get a taxi at a huge cost.

Album with PCN Letter and Evidence given online

Google Maps link to the area

I had driven down the road, gone round the ring road and then stopped outside the station, so I would expect another PCN to be sent if they wish to attempt to charge me twice (this has not happened but speculation due to the video evidence given not showing I had stopped which I did once there was a space to park)

I received the letter today 09/07/2024 so have 14 days to pay the reduced rate of £65

if anyone is able to offer any advice I would be extremely grateful, as I had remember to pay ULEZ to avoid those fines due to ULEZ area and my car being an older diesel.

Regards
Luke


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Station Parade is a veritable money box for the council. The signs are not particularly good but they are there.

There's been a few successful challenges on this road mainly due to poor signage, do a quick search on here and you'll find something.
Bus driving since 1973. My advice, if you have a PSV licence, destroy it when you get to 65 or you'll be forever in demand.

Ive seen a few times that they use that area as a cash cow as there are signs but can be missed depending on which way you enter it etc

I did see a few posts about this exact location, some were appealed some had multiple PCN squashed into one and some didn't update on if win or loss.

Hopefully looking over the other posts and some guidance I can form a good enough appeal response

Hey guys, i got this same PCN and decided to fight it. They denied my initial appeal and and i'm now formally challenging it. However in doing my research i have found someone has already appeal and won through this location for station parade barking:

https://londontribunals.org.uk/ords/pwslive/f?p=14952:70::INITIALISE::70:P70_CAS_REFNO,P70_PCN_REFNO,P70_RETURN_PAGE,P70_AST_CODE:1560981,2934024,60,APPEAL&cs=3H7-QAGGBgo46pi6iU1kXG-y4f42hNViXVMZPwLIUNyDq6zVCnBeJreOMW8b-JSDVeoVQaXNsgP5T50WZpiuYig

the case reference is 2230142184

"Mr Oliviera attended today.
The CCTV footage shows the appellant’s car drive past signs on each side of the carriageway in Station Parade that indicate that motor vehicles are prohibited. The appellant accepts that he drove past the signs however he argues that there is insufficient warning of the restriction and that by the time a driver sees the signs it is not possible to easily make a U turn. The appellant provides images from google street view in support of his argument. During the hearing I looked at google street view images from March 2022.
The local authority argues that there is sufficient warning of the restriction and that the signs are clear.
The appellant drove from Linton Road and turned right into Cambridge Road. At the junction of Cambridge Road and Station Parade it is not permitted to turn right as there is a pedestrian zone. The no motor vehicles signs are a short distance after a driver turns left. I find that the signs are not visible before a driver turns left.
The local authority provides a photograph of a warning sign in Linton Road. The sign indicates that there is no left turn at the first turning on the left and that all other routes are the second turn on the left. Straight ahead is access to Linton Road only. The road on the right is prohibited to vehicles over 7.5 tonnes except for buses and Vicarage Fields. The sign indicates that the station is to the right. Mr Oliviera was driving to the station.
I find that the warning sign in Linton Road relates only to vehicles over 7.5 tonnes and not to all motor vehicles. I find that the sign does not clearly indicate that all motor vehicles need to take the second turn on the left.
There is an additional yellow warning sign that states no access to Station Parade from Cambridge Road. Mr Oliviera argues that a driver might not know the names of the roads.
Although there is no obligation for any warning sign in this case if a motorist reaches the junction of Cambridge Road and Station Parade they see a sign indicating that there is a pedestrian zone on the right. The no motor vehicles signs are a short distance from the left turn. The road is outside a station and opposite a car park ramp and it does not appear to be a place where it would appropriate to carry out a U turn. I find that the sign in Linton Road does not give adequate warning of the restriction and that in the absence of clear warning I find that the overall signage for the restriction in Station Parade is unclear.
I allow this appeal."

Ill inform on my appeal to but heres what i said is:
"I appeal on the ground that the alleged contravention did not occur because the signage at Station Parade, Barking, fails to adequately convey the restriction to motorists approaching the location and creates an entrapment situation where compliance is impossible once committed.

Under Regulation 18(1) of the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 and Regulation 10(1) of the Traffic Signs Regulations and General Directions 2016 (TSRGD), the authority must ensure that restrictions are clearly indicated and visible in time for drivers to comply safely. The Traffic Signs Manual (Chapter 3, paras 1.21 & 3.1.2) states that regulatory signs must provide adequate advance warning where immediate compliance would be unsafe or impracticable.

At Station Parade, the “No Motor Vehicles – Except buses, taxis and cycles” sign is positioned only after a driver has already turned, leaving no safe or lawful way to turn around. There is no adequate advance warning, and once the sign becomes visible, the motorist is effectively trapped. This layout has created an ongoing entrapment location that has caught many otherwise law-abiding drivers who cannot reasonably comply.

Furthermore, the enforcement authority failed to properly consider my earlier representation as required by Schedule 1, Paragraph 5(2) of the London Local Authorities and Transport for London Act 2003. My challenge specifically raised the inadequate signage, absence of advance warning, and unsafe layout. The council’s rejection addressed only my reference to Google Maps, ignoring the substantive signage issues. This constitutes a failure to consider and therefore a procedural impropriety.

This same restriction and layout have already been ruled inadequate by the Adjudicator in Case 2230142184 (Vitor Da Silva Oliveira v London Borough of Barking and Dagenham, 27 March 2023). In that case, the Adjudicator found that the signs are not visible before a driver turns, that the advance sign on Linton Road does not give adequate warning, and that the overall signage for Station Parade is unclear. The Adjudicator also observed that a driver cannot make a safe U-turn once committed. As the conditions remain unchanged, the same reasoning applies here.

For these reasons, the signage fails to provide adequate advance warning, the layout creates an unavoidable entrapment situation, and the council failed to properly consider my representations."