Free Traffic Legal Advice

Appeal to Council going in tomorrow - comments/advice appreciated.


Dear Sir/Madam,

Re: PCN AG49512224
Alleged Contravention: 50L Performing a prohibited turn (no left turn)

Tilling Road is designated a GLA road by virtue of the GLA Roads (No.3) Designation Order 2008 and therefore written consent of the GLA is required before Barnet Council can enforce this contravention.

The London Tribunals case reference 2230545486 upheld an Appeal on this basis for the same contravention on 22nd January 2024.

If Barnet Council have subsequently obtained consent in writing from the GLA to enforce this contravention on Tilling Road, please send me a copy.

If The London Borough of Barnet does not have written consent from the GLA to enforce this contravention at Tilling Rd., please withdraw the PCN.


Yours faithfully etc.

Anyone able to help?

Can't find this: GLA Roads (No.3) Designation Order 2008

Do you have a link?

Odd that this order doesn't appear on legislation.gov website.

I wonder whether the incorrect reference to Barking and Dagenham for Barnet has been altered.

So it's item 57 under the second listing of B&D in the Schedule.

We can't check the TMO because you've deleted your VRM and partly redacted your VRM. Pl reinstate both in full.

The cited cases were not decided on the grounds that Tilling is or isn't a GLA road, rather the lack of evidence from the authority to this effect when the burden lies with them.

If me, I would write back to council, not the authority.

To the Chief Executive.....

Barnet Council Acting Ultra Vires

I am bringing this matter to your attention as it is being ignored by those with direct responsibility who are seeking shelter under an umbrella of anecdote and received wisdom and 'no-one will find out' rather than investigating matters as they should. I am referring to what I believe are the unlawful demands made by the enforcement authority arm of the council exercising powers under the London Local Authorities and Transport for London Act 2003, specifically those penalties raised in respect of Tilling Road.

I submit that the law in this matter is not complex.

By virtue of s3(1) and s3(2) of The GLA Roads (No.3) Designation Order 2008, Tilling Road is designated as a GLA Road, s4(1) and s4(3) of The London Local Authorities and Transport for London Act 2003 therefore have effect. The council of the LB Barnet is therefore prevented from enforcing any contraventions which would otherwise be exercisable in respect of breaches of provisions of any Traffic Management Order without 'the consent in writing of Transport for London'.

At no time has the authority adduced evidence of this consent at adjudication by the Environment and Traffic Adjudicators who have always allowed appeals on this point. It is unfortunate that ETA is not a regulator nor has any oversight duties otherwise it is likely that they would have written to you earlier on this matter. Similarly Transport for London.

Please investigate this matter and if the council possess the necessary consent in writing please supply a copy.

I am sure that the scale of this issue will not have escaped you. Bearing in mind that all demands of owners for payment of penalties pursuant to the LLA for Tilling Road and all other GLA-designated roads(I anticipate that you would broaden your internal enquiries to cover these) would be rendered ultra vires and in all likelihood refundable then the cost to the council would be significant.

Thank you.

Yours***

Traffic Management Order

4Penalty charges for road traffic contraventions
(1)This section applies where—

(a)in relation to a GLA road or GLA side road, Transport for London or, subject to subsection (3) below, the relevant borough council; or

(b)in relation to any other road in the area of a borough council, the relevant borough council or, subject to subsection (4) below, Transport for London,

have reason to believe (whether or not on the basis of information provided by a camera or other device) that a penalty charge is payable under this section with respect to a motor vehicle

....
5)Subject to subsection (6) below, for the purposes of this section, a penalty charge is payable with respect to a motor vehicle by the owner of the vehicle if the person driving or propelling the vehicle—

(a)acts in contravention of a prescribed order; or

(b)fails to comply with an indication given by a scheduled section 36 traffic sign

..
“prescribed order” means an order under section 6 or 9 of the Act of 1984 [a Traffic Management Order] which makes provision for a relevant traffic control

The authority referred to a TMO in their reply.

In short:
TMOs make restrictions, lack of compliance with which is a 'road traffic contravention' or similar expression. However, enforcement of these is only possible under other legislation e.g. Traffic Management Act, LLA etc.

My appeal was due today at 2pm via Teams. I got a call this morning to say that Barnet had failed to submit any evidence and that I did not therefore need to attend the appeal.

I have been told the adjudicator will write to me with the outcome.

I'll update further when I have more info.   

You won because Barnet changed parking contractor on 1 December and a secret source has told me they are in turmoil, my pending Barnet tribunal cases are all slowly being binned off. Happy days.