Author Topic: Barnet PCN for turning right - 50R (performing a prohibited turn)) - turning right from Finchley Rd onto Rodborough Rd  (Read 859 times)

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Hello all,

This topic has been raised previously, wanted to see if there was an option to appeal. Like other drivers I missed the signage.

As per this link, the signage is placed after the right turn. I appealed on the following grounds

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The siting of the signage giving instruction regarding the prohibited right turn is not in accordance with the Traffic Signs Manual 2019 (located here https://tsrgd.co.uk/pdf/tsm/tsm-chapter-03.pdf).

Specifically, Chapter 3 - clause 4.5.3 of the Manual ("Compulsory and Prohibited Movements", "Siting of Signs at Junctions") prescribes: "A prohibited turn sign to diagram 612 or 613 is sited immediately before the junction, normally on the left hand side.

However, it is for the traffic authority to consider whether the sign should be sited or duplicated either on the right hand side of the road or on any central refuge where this might be helpful to drivers, e.g. where there are two or more approach lanes and where a “no right turn” sign on the left hand side is likely to be obscured by vehicles in the nearside lane.

A situation where it might be helpful to duplicate a “no left turn” sign is where the nearside lane is reserved for buses and the left turn is prohibited.". This can also be clearly seen in Figure 4-12 of the manual, which portrays the same road layout as the one where the PCN was issued. Contrary to the guidance in the Manual, the signage giving instruction regarding the prohibited turn into Rodborough Road is sited in line with the junction on the left-hand side and after the junction on the right-hand side (https://maps.app.goo.gl/CQ5voWGLekg7z4r28: Google Streets View picture and Google Maps, with comparison to Figure 4-12 of the manual;).

This siting of the signs makes it not only against guidance but also insufficiently clear, particularly so given the fact that this is a junction where the combination of a heavily trafficked bus stop on the left (therefore the sign is frequently blocked from view), a pedestrian crossing with lights immediately ahead and heavy pedestrian crossing of Rodborough Road on the right, generates the need of maximum clarity when instructing about a prohibited turn.

This was rejected with the following response (12/01/2024)

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Please be advised that there are signs on both sides of the road at the location advising motorists not to make the prohibited right turn and additional 'No entry' sign. The still photos as well as the CCTV footage show the signs are prominently placed and clearly visible for motorists. The onus is upon the driver to ensure that traffic signs are observed and adhered to at all times.

Photographic evidence, taken from the recorded CCTV footage, and an image of the relevant signs in place at the location have been enclosed for your information. Additionally, the Council would like to refer you to the following web link (Online Media), where you can view the CCTV evidence of the contravention, as well as the photographic images:

https://barnetocm.itsvc.co.uk/

With regard to your correspondence, the signs are fully compliant with the Traffic Signs Regulations and General Directions (TSRGD) 2016 at the location. Any complaints regarding restriction and signs, please contact Highways Department. London Borough of Barnet only enforce the restriction in place, the Highways install restriction.

Given the above, are there grounds to appeal to the Environment and Traffic Adjudicator or shall I suck up the discounted penalty of £65?

The following covers the original contravention





And here is the formal rejection of my representation from Barnet council




« Last Edit: February 04, 2024, 11:43:38 pm by cp8759 »

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Anyone able to advise before I pay the fine today?

If you went to the Tribunal, you cold ask them to explain why they have not followed the TSM recommendation. But, a slim chance of success on this issue.
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

To be honest for a case like this, you'd need to get advice before making representations. If you only come to us once you already have a notice of rejection, the options are rather more limited.
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