Author Topic: Ealing, 53J Perimeade Road, entering pedestrian zone  (Read 1372 times)

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Ealing, 53J Perimeade Road, entering pedestrian zone
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PCN Ao05283982
LS74 WFH

Wife was picking up her parents who live local and took a wrong turn. Says she never even saw the signs and didn't realise it was restricted due to cars parked either side on the road.

She entered from Fairfield drive so the signage wasn't quite visible from the right turn as left sign obscured by tree and right sign very close to turn itself, and at the time of the turn, the car entering Fairfield drive on the photo was coming from there so blocked her vision of the sign partially too.

Car registered to me so I received the PCN.

Any ideas on whether this is something that can be challenged?

This doesn't have a video on the PCN page.

https://maps.app.goo.gl/x2QmRSQ5McgwX78t8?g_st=ac

Thanks in advance. Have to pay by 17/6/25 for reduced fee

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« Last Edit: June 09, 2025, 06:40:28 pm by Dip0 »

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Re: Ealing, 53J Perimeade Road, entering pedestrian zone
« Reply #1 on: »
Unfortunately, only Perimeade Road is up-to-date on GSV, the approach from Fairfield Drive has a gap in coverage as one approaches the T-junction. We really do need to see if there is an advance warning sign on Fairfield Drive. If there isn't, then you're in with a fair chance. We see these all the time, and whether one can win is always a bit of a puzzle with what is there on the ground signage-wise.

Any chance of a photo of the approach on Fairfield Drive ?

There may also be a 'technical' appeal based on Ealing mismanagement of the enforcement process. Such appeals have nothing to do with the actual alleged contravention. Unfortunately, councils never accept ther are ever in the wrong so you'd have to forego the discount and take them to London Tribunals.

Re: Ealing, 53J Perimeade Road, entering pedestrian zone
« Reply #2 on: »
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/made

provides

'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.

Re: Ealing, 53J Perimeade Road, entering pedestrian zone
« Reply #3 on: »
Thank you both - I'll see to see if we drive past the area again before the discount period ends to take photos.

Regarding the other case where the appeal was allowed, has there been any change since or could I quote this in a challenge?

Re: Ealing, 53J Perimeade Road, entering pedestrian zone
« Reply #4 on: »
Sorry still waiting for some help regarding tm response

Re: Ealing, 53J Perimeade Road, entering pedestrian zone
« Reply #5 on: »
Message our admin cp8759 - he won that appeal and may know if it's still valid.

I think appeals on signage haven't succeeded.

« Last Edit: June 14, 2025, 11:27:05 am by stamfordman »

Re: Ealing, 53J Perimeade Road, entering pedestrian zone
« Reply #6 on: »
Thank you I have sent him a forum message :)

Re: Ealing, 53J Perimeade Road, entering pedestrian zone
« Reply #7 on: »
The defective TMO argument is still valid but previous decisions are not legally binding, we have a bunch of newly appointed adjudicators who have no idea what they're doing, so there is an element of risk. I also wouldn't really recommend a DIY appeal as it's a very technical argument, but it can still succeed.

I don't see much chance of a challenge on the signage getting anywhere, as there are two signs and they were approached head-on. It might also be possible to trip the authority up into making a procedural mistake, it's a bit convoluted but it can help to have two grounds of appeal rather than one.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: Ealing, 53J Perimeade Road, entering pedestrian zone
« Reply #8 on: »
So I am waiting for an outcome of me appealing/challenging the PCN but recrived a text message today saying:

Legal Pre-Action Notice: PCN Fine Remains Unpaid 
This fine is a valid recorded offence in the system and remains unpaid to date. If not resolved by 10 July 2025, legal proceedings may be initiated, potentially resulting in additional costs.
Payment link:https://gov.comsitbntbz.live/PCN?MkV=Vo4Xq2

My impression was that payment is on hold while the challenge is pending?

When I go to challenge on their website it's still showing the discounted price currently.

Should I ring the council or can I safely ignore this?

Re: Ealing, 53J Perimeade Road, entering pedestrian zone
« Reply #9 on: »
Looks like a scam message. When I tried the link it came up "not found". The message does not have your name, or the PCN Number on it. There is no such lawful message in the legal process for enforcement of PCNs. Certainly do not pay anything.


Re: Ealing, 53J Perimeade Road, entering pedestrian zone
« Reply #11 on: »
Ah ok thank you, I was worried as the timing was impeccable

Re: Ealing, 53J Perimeade Road, entering pedestrian zone
« Reply #12 on: »
So following my appeal to them 17th June it's been more than 30 days and I've not heard anything back. The ticket is still showing as active and discounted if I go to try an pay it on their website.

I emailed them at one stage about the spam message before hearing about it here and had no response about that either.

Is there a limit until when they need to respond to me before it can be considered cancelled

Re: Ealing, 53J Perimeade Road, entering pedestrian zone
« Reply #13 on: »
There is no statutory time limit, but if they take over three months the tribunal will normally view the delay as unfair.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: Ealing, 53J Perimeade Road, entering pedestrian zone
« Reply #14 on: »
Thank you, that's good to know. When I submitted the form on the PCN challenge page of their website, it said 30 days so I guess I might need to wait longer.