Case Details
Case reference 224057609A
Appellant Guaranteed Cleaning Ltd
Authority London Borough of Ealing
VRM EJ67 EEN
PCN Details
PCN AO03081874
Contravention date 04 Nov 2024
Contravention time 08:53:00
Contravention location Perimeade Road
Penalty amount GBP 130.00
Contravention Fail comply restriction vehicles entering ped zone
Referral date -
Decision Date 10 Feb 2025
Adjudicator Martin Hoare
Appeal decision Appeal allowed
Direction
cancel the Penalty Charge Notice.
Reasons
Mr Murray Smith represented Guaranteed Cleaning Limited. No one represented the Authority.
He submitted that The Traffic Management Order does not establish a pedestrian zone.
He submitted that ‘a pedestrian zone sign can only be placed if there is an Act, order, regulation, bylaw, resolution or notice that creates a pedestrian zone…… The traffic management order at evidence item B does not create a pedestrian zone, it merely creates a motor vehicle prohibition’.
The Authority’s The Ealing (Perivale School Streets) (No.1) Order Schedule 1 refers to prescribed streets which include ‘Perimeade Road, between the Western kerb-line of Fairfield Drive and its junction with Federal Road’.
However the Order does not create a pedestrian zone.
https://www.legislation.gov.uk/uksi/2016/362/schedule/8/part/2/madeprovides
'PART 5The Schedule 8 General Directions
1. The signs provided for-
(a)in the sign table in Part 2; and
(b)at items 1, 2, 6 and 7 of the sign table in Part 4,
must only be placed to indicate the effect of an Act, order, regulation, bylaw, resolution or notice which restricts or prohibits the use of the road by traffic'.
Josephine Dayan v London Borough of Barnet (2220227611, 18 May 2022), held that in order to use a zone boundary sign it is of crucial importance that the Traffic Management Order (TMO) must create a zone, or else there is no lawful authority to install zone boundary signs.
Accordingly the signage evident in the Authority images is not authorised by the applicable law and the penalty charge notice cannot be enforced.
The appeal is allowed.