This is a more usual result from a case yesterday but the adjudicator accepted the signage is clear and the PCN wording was not drawn to his attention.
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Case reference 2250541794
Declarant xxxxxx
Authority Transport for London
VRM AY06JSU
PCN Details
PCN GX25296264
Contravention date 09 May 2025
Contravention time 14:54:00
Contravention location Rotherhithe Tunnel Approach / Branch Road
Penalty amount GBP 160.00
Contravention Fail comply prohibition on certain types vehicle
Referral date 16 Oct 2025
Decision Date 22 Jan 2026
Adjudicator Henry Michael Greenslade
Appeal decision Appeal refused
Direction Full penalty charge notice amount stated to be paid within 28 days.
Reasons The Order of the County Court revoked the Order for Recovery and cancelled the Charge Certificate but it did not cancel the original Penalty Charge Notice, as clearly stated on the face of the Order.
A contravention can occur if a vehicle is driven so as to fail to comply with a prohibition on certain vehicles.
There appears to be no dispute that the vehicle was at the entry to Rotherhithe Tunnel, as shown in the closed-circuit television (cctv) images produced by the Enforcement Authority.
The Enforcement Authority’s case is that the vehicle passed the sign which clearly indicates that goods vehicles with a maximum gross weight exceeding two tonnes are prohibited.
The sign is that prescribed by Diagram 622.1A at Item 13 in Part 2 of Schedule 3 to the Traffic Signs Regulations and General Directions 2016, being a permitted variant thereof, as indicating ‘goods vehicles exceeding the maximum gross weight indicated prohibited’. The sign is also illustrated in the current edition of the Official Highway Code.
Under Section 192(1) of the Road Traffic Act 1988 “goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods, or a trailer so constructed or adapted.
Gross maximum weight is what is shown on the vehicle registration document as ‘revenue weight’, ‘gross vehicle weight’ (GVW) or ‘maximum permissible mass’. The ‘mass in service’ figure shown in the vehicle registration document is legally defined by European Directive 95/48/EC as the mass of a motor vehicle in a ready to drive condition with the fuel tank 90% full, a driver on board weighing 68 kg and luggage of 7 kg. This latter figure is not the gross maximum weight. The Enforcement Authority submit that the Driver and Vehicle Licensing Authority return shows this vehicle to have a revenue weight of 2770 kg, which is 2.77 tonnes.
This also shows that the vehicle type approval is classified by the Vehicle Certification Agency as ‘N1’, being a vehicle used for the carriage of goods and having a GVW not exceeding 3500 kg.
The Appellant has not submitted any new grounds, but in his original representations to the Enforcement Authority explained as the normal driver, he had no idea of the weight and had never before received a Penalty Charge Notice regarding weight.
I accept that this may have been a genuine mistake but it does remain the responsibility of the motorist to check carefully at all times whilst driving their vehicle, so as to ensure that they do so only as permitted. This includes making sure that they comply with all restrictions and prohibitions indicated by the signs.
The penalty charge is £160. The amount of the penalty charge is set by the Transport, Environment and Planning Committee of London Councils and approved by the Mayor of London with the authority of the Secretary of State. Under Section 4(
(a)(iv) and 4(10) of the London Local Authorities and Transport for London Act 2003 the enforcement authority must accept the reduced penalty of £80 if paid within 14 days of the date of the Penalty Charge Notice. This is different from some other types of Penalty Charge Notice, where the relevant date is service. Once this period has expired and, for whatever reason including appealing to the Adjudicator and/or making representations to the authority, the charge remains unpaid then the full penalty becomes due.
Section 4(18) of the 2003 Act provides that in determining, for the purposes of any provision of the Act, whether a penalty charge has been paid before the end of a particular period, it shall be taken to be paid when it is received by the authority concerned.
As set out above, the Charge Certificate increasing the penalty charge amount to £220 has been cancelled.
The Adjudicator is only able to decide an appeal by making findings of fact on the basis of the evidence actually produced by the parties and applying relevant law. The Court of Appeal has affirmed that the Adjudicator has no power to consider mitigating circumstances of any description, including reducing the amount of the full penalty charge.
Applications for time to pay the Penalty Charge Notice must be addressed to the Enforcement Authority direct.
Considering all the evidence before me carefully I must find as a fact that, on this particular occasion, a contravention did occur, and the Penalty Charge Notice was properly issued.
Accordingly, this appeal must be refused.
