Author Topic: Ealing Council - Greenford Road Code 32JD Fail proceed in direction shown by arrow blue sign  (Read 571 times)

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abdulsami1

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« Last Edit: May 15, 2024, 11:24:29 pm by cp8759 »

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Incandescent

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Surely I saw and responded to this thread this morning or am I dreaming ?

I saw it and typed in a reply then got waylaid by the wife so didn't send it ! So here is my reply -

The location looks familiar on Google Street View, so I think we've seen this one before fairly recently, but I don't know if the case got to London Tribunals. I think the case centred on the traffic light array and its unsuitability/non -regs-compliance, for the directions/instructions  to be conveyed to the motorist.

https://maps.app.goo.gl/jjeU5pekaKdeswWu7
« Last Edit: May 10, 2024, 09:47:04 pm by Incandescent »

cp8759

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@abdulsami1 a bit of context would have been nice!

The video doesn't appear on https://ealing.tarantoportal.com/ so I've requested it from https://viewmypcn.co.uk/default.aspx

Draft representation:

Dear London Borough of Ealing,

I challenge liability on the ground that the alleged contravention did not occur. In order to create an enforceable restriction, the council is required to provide segregated lanes, otherwise there is no impediment to a motorist lawfully switching lanes at any time (as this is not prohibited).

An example of a correct layout is found for instance on Filton Road in Bristol, I refer you to the images at LINK1 LINK2 and LINK3 which illustrate the point.

At the location captured by your camera, there are no restrictions or prohibitions on vehicles changing lane at any stage, nor can the turn right arrow embedded into the traffic light array have the effect you think it does: if it did, then all traffic including traffic in the left-hand lane would be required to turn right.

In the circumstances, the alleged contravention did not occur.

Yours faithfully,

I will PM you some links to put in the representation, they will redirect to https://imgur.com/a/4zM5p0o https://imgur.com/a/sInUhfA and https://imgur.com/a/XYsLaTA but if you give them the links I'll PM you, we can use the click count to confirm whether they've looked at them or not (obviously do not click on the links I PM you as we want the click count to remain at zero). If they don't click on them, we can then prove they've failed to consider all of the evidence. If they say in the rejection that they've considered all the evidence, we've got them for lying as well.
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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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abdulsami1

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I've submitted representations. Let's see what happens. Appreciate the help!

abdulsami1

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@cp8759

I've just received my notice of rejection.

Please advise with next steps.

Pictures found here:


https://imgur.com/a/YhutyVn

chopwell20

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my sad storey at same junction greenford. i even lost at adjudicators. it was before finding this forum which i came across and always seek help here. good luck.

Decision of rejection is below for ref only:

Adjudicator's Reasons
I have borne in mind the points made by Mr. ------ in his notice of appeal and accompanying
documents. I have also borne in mind his very helpful evidence alongside the evidence provided by
the enforcement authority (EA).
The burden of proving the contravention lies on the EA. The standard of proof is the balance of
probabilities.
There is no dispute that the appellant's vehicle, which was in the offside of two lanes approaching the
junction in question, did not turn right from that lane but, instead, drove straight ahead.
I find as follows, on the balance of probabilities.
To the offside of the offside lane immediately before the junction was a traffic island upon which was
mounted a traffic light assembly. Part of that traffic assembly was a blue 'right turn only' directional
arrow sign. It applied to traffic in the offside of the two lanes. Also, in the offside lane in which Mr.
_______'s vehicle was travelling there was a 'right turn' arrow road marking and text reading 'turn
right'. I find that the sign and the road marking would have been visible to a motorist in adequate time
to manoeuvre into the correct lane. Once in the offside lane, however, a motorist is required to turn
right.
I bear in mind the points made by Mr. ______ . I find, however, that there was in place on the
occasion in question signage of the prescribed kind that was adequate to inform road users of the
requirement to turn right from the offside lane at the junction.
In those circumstances I find the alleged contravention proved.
Jack Walsh
Adjudicator
18th February 2023

« Last Edit: June 17, 2024, 09:32:52 pm by chopwell20 »

cp8759

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@abdulsami1 it's not a sure thing on appeal but we have won here before, I will drop you a PM if you'd like to be represented.
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 nor 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.

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