Free Traffic Legal Advice

I never ceased to be amazed at why these school street schemes are demonised by OPs as being 'money traps' when their purpose is children's safety.

Anyway OP, I suggest you look at and compare and contrast GSV for every available year since the scheme was first introduced, I think you'll find it interesting and in your interest.

Clue: also look for prior warning signs in both directions.

Sorry,

MT88329377
T8 NUX

Thanks.

Hi,

Just bumping this up on the Agenda.

Just wondering if there's any mitigation regarding the signage, and if so, what kind of rep would i draft?

thanks in advance.

Hi CP8759 / Incandescent et al,


The LATOR framework includes duties that local authorities must adhere to when enforcing traffic regulations, including the requirement for signage to be clear and adequately positioned.

If the signage is not clear or is positioned in a way that makes it difficult for drivers to notice, it could be argued that the local authority has failed to meet its duty under LATOR. Signs must be positioned such that they can be easily seen and understood by drivers.

And being in a position where drivers' focus is on the safety of children crossing the road, this context is crucial.  The local authority is expected to consider road safety and the potential distractions drivers face, especially in school zones.

I've seen cases where PCN was cancelled due to reps claiming they couldn't see a sign because overgrowing tree was in the way. But in this case, with the positioning of the signs, can you find previous cases where similar signage issues led to the cancellation of PCNs, this could strengthen the argument.

If the signage is deemed inadequate, it could render the PCN unenforceable. This is particularly true if it can be demonstrated that the sign's placement did not allow for proper compliance with traffic regulations.

Are do you have any past boilerplate representations?

I fear time is going since I've done the MCOL acknowledgement of service.

@LemonTootski not sure what you're talking about, there's no MCOL acknowledgment of service for a council PCN.

Also I currently don't have capacity to check the forum out with any regularity, if you want me to look at your thread you need to specifically tag me.

You have until midnight on Sunday to make representations, we don't have any boilerplate templates because they inevitably fail. I suggest you draft something specific to your case, you'll have to tag me again if you want me to take a look at it. As the discount has expired you might as well put something in because you have nothing to lose at this point.

In the meantime I've requested the traffic order.

Thanks all.

I've put in my rep with the council:

--------------------------------------------------------------------------------------------

Dear Sir/Madam,

Re: Penalty Charge Notice (PCN) MT88329377 – Issued 17/10/2024 for Ivy Gardens (Safety Zone)

I am writing to formally contest the above-referenced PCN on the grounds that the alleged contravention did not occur. I dispute the penalty for the following reasons:

The council has failed to provide adequate signage in accordance with the requirements set out in The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996, specifically Regulation 18.

When approaching the left turn into Ivy Road from Wide Road, the restriction signs are not visible in advance. Instead, the warning sign displaying the restricted times is positioned directly opposite the junction. This placement makes it impossible for drivers to read the sign before committing to the turn, offering insufficient warning of the restriction.
As the signage does not meet the legal standard required to enforce the restriction, I respectfully request that this PCN be cancelled.

Yours faithfully,


[Sign Off]
--------------------------------------------------------------------------------------------

We'll see what happens.
thanks for the words all. Will Keep you posted ...

Hi @cp8759 / @Incandescent et al,

So after putting in my rep as above, I received this Notice of Rejection from Merton Council. Here's their reasoning:





Note that the council have sent this form to me photocopied, with text from the right edge cut off, so I cannot read it properly. I cannot even see a date on the letter, although the letter arrived to me probably two days ago about 16th or 17th January 2025, so I still have time to appeal.

So it now seems that the issue is going to appeal.
Just picking your brains as to where we stand vis-á-vis LATOR framework including duties that local authorities must adhere to when enforcing traffic regulations, including the requirement for signage to be clear and adequately positioned.

@stamfordman mentioned that "One appeal was won the other day on similar timing..." and that "One adjudicator really does like these restrictions and will allow appeals if the council doesn't get its evidence pack in good shape..." But I'm a little perplexed.

But I now have about 28 days to appeal against the Enforcement Authority's decision.

How can i do this? London Tribunals?

And is there any boilerplate text I or case precedent I can cite in my appeal?

Any information would be more than helpful.

Thanks.