Blackwall Tunnel

Hello.  Sorry to be here again, if it's not one ticket it's another!

The driver drove through the Blackwall Tunnel and was unaware they needed to pay.  There is lots of signage coming over the bridge but none going into the tunnel.

Here is the ticket.

Is there a defense that could work please?  Many thanks.

First of all, ignore the coloured square bullshite on the PCN, as it is not mandated by the law or the regulations and is, in my view, unlawful intimidation to get you to pay.

Now, your journey. Which direction were you travelling through the tunnel? A toll fpor this tunnel is quite recent, and the signage may well not be up-to-scratch, and TfL have a legal obligation to erect adequat signage, and those signs must comply with regulations as well.

You say "the driver drove".  This is an owner liability PCN, so are you the owner and driver ? Please explain how you are linked to the driver, as you may not have any role in the appeal process.

Thanks for your reply.

The direction of travel was from south London to East London.  I guess that's northbound? When we came over the bridge there was plenty of obvious signage so there was no doubt at all that we had to pay.  Going into the tunnel there was no signage.

I am the RK and owner of the car.  Is it OK to state who the driver was?

We don't need to know who the driver was as the PCN is for the owner to deal with, the drivr is a witness to the event. At what point did you join the A102 approach to the Blackwall Tunnel ?

I'm not sure - this is from Google maps timeline, a wide shot and a closer up image of where we joined, but I can't figure out the name of the road we approached from.

That’s likely to be Shooter’s Hill Road junction with A102.

Where were you driving from?

Our starting point was Hither Green.

I frequently travel from Catford to east London.

Following Google maps, the furthest north I’ve joined the A2 is Shooters Hill Road. You would have driven through a wide open grassy area (Blackheath)on that route.

Otherwise you’d likely have joined further south at Westhorne Avenue.

The government site still hasn't got the TFL tunnels on its toll page.

https://www.gov.uk/uk-toll-roads

So, assuming you joined at Shooters Hill
Passing under Charlton Rd overbridge, is a sign for the tunnel charge: -
https://maps.app.goo.gl/XpnnWxpkRBtZ1xpN8
then another one a little bit further on: -
https://maps.app.goo.gl/H5hEgf2t5Zj8ckgR6
then at the Woolwich Road northbound ramp, this sign, which just shows the "C" sign. A lot of motorists get confused by this, thinking it only is for the Congestion Charge
https://maps.app.goo.gl/mFr2kExCGwtLMeaP9
then a bit further along, a sign to give exit to avoid tunnel toll: -
https://maps.app.goo.gl/5dD1AmYjxHJWj4DP7
After that another gantry with the "C" sign
https://maps.app.goo.gl/fVvbpNcgE7MmcpZF6
and then one with statement on it to advise a toll in payable ahead. At this point there is no exit so the toll has to be paid because the only way ahead is the tunnel
https://maps.app.goo.gl/Cv1qmEEzQsYNr41z8
After this there are no more signs for the tunnel toll. If it were me, I think I would have put a reminder sign as one exits the tunnel to remind people to pay.

Now, the question is, are the above signs adequate to advise motorists of the need to pay a toll. That is the issue as per Regulation 18(1)(a), of LATOR 1966.

I went through Blackwall tunnel both ways on Saturday. I had a look out for toll signs and I don't think they are that prominent.

But the key is to check the tribunal register and I think there won't be many allowed on signage.

Thank you very much for all the links.  I guess we missed them.  The driver had no reason to look up as they knew they needed to just keep going straight - so no need to check signage on gantries.  And I guess the others were missed from changing lanes and looking right.  The C definitely looks like the congestion charge but that's besides the point.

The signage going over the Queen Elizabeth Bridge was very obvious and unambiguous.  There was no doubt we had to pay.  This was not so obvious.

I used to live in east London and drove through the tunnel a lot and never had to pay, so it didn't occur to me or anyone else in the car that this might have changed. 

So as there's signage is it pointless appealing?  The very fact it's not on the Government site should stand for something.

. At this point there is no exit so the toll has to be paid because the only way ahead is the tunnel
https://maps.app.goo.gl/Cv1qmEEzQsYNr41z8

Interestingly there is an opportunity to exit just after the final signage, but before the enforcement cameras, via Tunnel Avenue. It is signed for Prohibited Vehicles, but is open to all.

So do I have any grounds for appeal or not, do you think?  It's very misleading that the tunnel is not on the Government page for toll roads.

We always recommend submitting representations against what seems a very strong PCN, as the reply can give an appeal argument on its own, like a mis-statement of the law, but these are rare.

My suggestion is to explain that you used to live close to the tunnel and regularly used it when it was free of charge. You moved away some years ago, and were not aware the tunnel was now tolled. you therefore knew exactly where you were going, all looked familiar and missed the signs for the toll payment. Ask that the PCN be cancelled on this one ocasion, as you now know about the tolls. Also say you are very willing to pay the toll charge for that day. Best to be non-confrontational and try to jolly them along.