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Hi all. I got a pcn for entering a road that had restrictions for entry between 8 and 9am.

The restricted road is call Charter Avenue. The main road before that is called Benton road. Now benton road has signage to say no entry between this time. However I came out of a side road called Mundon Gardens. And between mundon Gardens and charter avenue there are no signs except at the beginning of the road which I obviously missed.

This is the Google maps link of the roads;
https://maps.app.goo.gl/QS6ZH8KEELji6fDT6


So I appealed to the council with the following:


Dear London Borough of Redbridge,

I challenge liability because the alleged contravention did not occur. The regulatory signage at the entrance to Charter avenue contains several lines of text detailing dates, times and two different exemptions. There are no advance warning signs, meaning that a motorist who planned to turn left onto Charter Avenue from Mundon Gardens would only first be on notice as to the restriction while engaged in the manoeuvre of turning left, while also paying attention to pedestrians and other roads users.

Even if a motorist were to see the signs, it is wholly unrealistic to suggest that there is any real opportunity to read the signs, assimilate the information given, and react to that information.

In such circumstances there is no contravention.

Further to the above, The Traffic Signs Regulations 2016 define a pedestrian zone at Schedule 1 in the following terms:
an area—
(a) which has been laid out to improve amenity for pedestrians; and
(b) to which the entry of vehicles is prohibited or restricted
There is no evidence that this area has been laid out to improve amenity for pedestrian and furthermore, not all vehicles are prohibited from entering the zone. The video shows an ordinary road with a carriageway and vehicle parking bays on both sides of the road, and comparing the video to historical views on google streetview, it is apparent that the highway authority has not done anything to alter the layout.

In order to create a pedestrian zone, the highway authority must do two things: lay out the area to improve amenity for pedestrians, and restrict or prohibit the entry to motor vehicles. Of course how and to what extent the layout should be amended to increase amenity for pedestrians is a matter for the authority, but if the authority does absolutely nothing at all in this regard it will not have created a pedestrian zone.

As some vehicles are allowed to enter the zone at all times, the second criterion is not met either.

As there is no pedestrian zone on Charter Avenue the alleged contravention did not occur and the PCN must be cancelled.

Yours faithfully,

Response attached

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You've hidden the date of the notice of rejection, so we don't know how long you've got.

In a turning left case like this it's ultimately all down to your attitude to risk, the adjudicator might say the signage is inadequate or that the signs was good enough. Of course there is always a chance the council might not contest or might mess up the evidence pack, but you can't really bank on that.

As this isn't a clear-cut case you just need to decide whether it's worth the risk to carry on.