3. Barnet 53J Essex Park - Are the stickers on the sign legal?
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Barnet 53J Essex Park - Are the stickers on the sign legal?
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Good afternoon

Please may I seek opinions on whether this ‘school street’ sign is legally enforceable, as there is only one at this particular junction (Nether Street into Essex Park, N3) and stickers have been added to adjust the morning restriction to 8:15-9:15am.   Image here; https://ibb.co/TBdcY3R2

This doesn’t follow the format of similar signs on which the text is flush and centred and also doesn’t adhere to Dept for Transport guidelines as per page 16 of this document; https://assets.publishing.service.gov.uk/media/5c78f8c7e5274a0ebfec719c/traffic-signs-manual-chapter-07.pdf

Thanks to the information on FTLA, I appealed a PCN for entering this zone 14 seconds before its expiry.  This was rejected with a generic response, ignoring points I raised regarding the accuracy of their clock (my phone said it was past 9:15) and referring to a similar case won at tribunal; Mr Byanouni v Barnet in 2018, Ref: 218015398A.

Unfortunately I didn’t receive the rejection notice in good time and the fine has risen to £130, hence I am wondering if the signage is legal and sufficient to raise at a tribunal. 

Many, many thanks for your time.
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Re: Barnet 53J Essex Park - Are the stickers on the sign legal?
« Reply #1 on: »
See this other case and the decision on de minimis (triviality) timing I posted. Yours is so close that you should win on this.

But post the PCN redacting only your name and address, and your challenge and their rejection.

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/london-borough-of-barnet-section-53j-failing-to-comply-with-a-restriction-on-veh/
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Re: Barnet 53J Essex Park - Are the stickers on the sign legal?
« Reply #2 on: »
Unfortunately I didn’t receive the rejection notice in good time and the fine has risen to £130,

Which means what exactly?

They re-offered the discount but it had lapsed because you were away from the address, possibly on holiday?

Or, you don't live there, your V5C is wrong and you're relying on someone to forward in good time..but they didn't, or....?

Are you the registered keeper, is your V5C where you reside and why did you not receive the NOR in good time?

In any event, pl post the NOR and your reps.
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Re: Barnet 53J Essex Park - Are the stickers on the sign legal?
« Reply #3 on: »
Victory!  I’m updating this thread as it may help others.  Tribunal was booked for 1st July, I’ve now been informed that Barnet Council will not contest my appeal and the PCN is cancelled, although we can’t be sure of the reason for this – perhaps it was deemed ‘de minimis’, but if the stickers/appearance of the sign negated the ‘offence’ – perhaps other drivers at this location can appeal on the same grounds?

This is the appeal I submitted to London Tribunals:

I am appealing this PCN due to doubts around the accuracy of the time that the alleged contravention occurred.  The Notice of Rejection was a generic dismissive document which did not address points I raised in the initial appeal, or provide a verification code for ease of this appeal.  Furthermore, the roadsigns at this junction do not adhere to Department for Transport guidelines.

The images provided by Barnet Council suggest that the alleged contravention occurred between 09:14:44 - 09:14:47, which is at most 16 seconds before the morning restriction period ends.  I only entered Essex Park N3 because both the clock in my car and on my mobile phone showed that it was after 9:15am.  (NB: The time on my phone was visible throughout the journey as I was using the phone for sat nav. It was attached to a holder protruding from the vent on the upper dashboard).  The recommencement of vehicles using this junction also reassured me that it was after 09:15:00.

Similar cases, such as Mr Byanouni v Barnet in 2018, Ref: 218015398A were considered de minimis in law, despite the alleged contravention occurring 42 seconds before restrictions ended.  Why should a similar 'grace period' not be extended to me in this instance?

My suggestion to Barnet Council to add a clock or light to the roadsigns to make it implicitly clear when the zone is in operation was not addressed - despite their concern to make this road safer.

Finally and most importantly, the NOR states, “the signs at this location wholly conform to the requirements of the ‘Traffic Signs Regulations and General Directions 2016 (TSRGD)” but having accessed this document via www.gov.uk and the Department for Transport websites (link below), this is incorrect.  Pages 16 and 144 specifically refer to the format and appearance of signs of this type, with point 12.5.1 on page 144 stating, "Each line is centred horizontally and the vertical gap between each element is shown in Figure 12 4 which also shows how to combine time periods."  At this location Essex Park N3, the morning restriction time has been amended with a sticker which is not flush or centered.  In addition, point 12.2.2 of the same document states that, "A time period is shown as a start and end time separated by a hyphen." but again at this location, the hyphen is not visible and does not conform.

Link to Dept of Transport Traffic Signs Regulations and General Directions 2016 (TSRGD)
https://assets.publishing.service.gov.uk/media/5c78f8c7e5274a0ebfec719c/traffic-signs-manual-chapter-07.pdf

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