53J Failing to comply with a restriction on vehicles entering a pedestrian zone

Hi there, I can't believe it but I received another PCN for the same offence in two different places over the space of 4 days.


This feels like a long shot but do I have a case to appeal? I went back to the location, and there is another sign as you approach the road but you definitely can't see the main sign on the road as you turn in due to the trees, which isn't really acceptable.

What's even more frustrating is that I immediately did a U-turn after I entered the road but it was too late (see video below showing that I stopped).

Also when I log into the council website, the video evidence doesn't play and just buffers - Is that a case in itself for suggesting the PCN should be cancelled?

Update is the video plays fine via my laptop browser.

PCN:

https://ibb.co/d4nSkZxt
https://ibb.co/VWdny6fr

Online evidence images via the council website:

https://ibb.co/TZsbqtd
https://ibb.co/bgLfvrr6

Online evidence video on the council website:

https://streamable.com/e6ywrw

Location images taken by me:

https://ibb.co/sdg6SfxX
https://ibb.co/Xx97h7HK
https://ibb.co/4nhdHnft
https://ibb.co/d4GmMkLb


Location video taken by me

https://streamable.com/rg9z0c

To recap:

- The sign on the road I turned into is fully blocked by the trees.
- I did a U-turn immediately but it was evidently too late (see council evidence video showing that I stopped).
- The video evidence won't play via the council website.
- I have until tomorrow to lodge my appeal.

Many thanks 🙏

The video does show you stopped so if you turned around an adjudicator could well give you the nod when also looking at sign visibility when turning. The signs are poorly placed it seems.

What does the red plate say? I cannot read it on any of the images

IMO, the trees aren't the issue. Your problem is that there's a clear, unobstructed advance warning sign.

Absent this sign, then IMO an adjudicator would probably find that the signage did not meet the LATOR test of adequacy.

But with it? Although it doesn't convey all the same info that's on the gateway sign, it's not required to because it's not a regulatory sign in itself and what it does convey should have been sufficient to alert you.

Why didn't you see this sign or if you did, why did you think it didn't apply?

Thanks for all the replies!

@stamfordman it's a shame the video isn't longer. My friend realised that we shouldn't go down that road but it was too late by the time he told me to stop.

@John U.K. I am trying to get a clearer picture but it looks like it's something to do with term time only.

@H C Andersen it was a genuine oversight as I drove down the road looking for a road to turn into. I'm not familiar with the surrounding roads, so I didn't even see the other sign otherwise I wouldn't have driven down that road. As soon as my friend realised, he alerted me to stop but as you can see from the video it was too late, and the U-turn was too late. What does LATOR stand for?

Should I appeal to say the sign is blocked by the trees and does not pass the LATOR test of adequacy?

Many thanks 🙏

What does the red plate say? I cannot read it on any of the images

Term time only so this is not allowed/proscribed. Back later with a case.

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/pcn-failing-to-comply-with-a-restriction-on-vehicles-entering-a-pedestrian-zone/msg36040/#msg36040

Read on from this to the end please:

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/pcn-failing-to-comply-with-a-restriction-on-vehicles-entering-a-pedestrian-zone/msg38593/#msg38593

Hi @Hippocrates - Thanks so much for the comparative case study! Should I just use the same representation wording as shown below? Should I make any reference to the trees blocking the sign?

Dear Redbridge

Ref:  PCN    VRM   

I make this formal representation:

The contravention did not occur as the sign referring to term time is proscribed. As per school parking restrictions, how is a driver expected to know the times of any term time in advance?

Please cancel the PCN therefore.

Yours,

Registered keeper

Hi again @Hippocrates and all - I have submitted my formal representations via the online portal using the same representations shown in my previous message. This was without any reference to the tree blocking the sign so the focus remained on the term time sign.

I will update again when I hear back from the council, many thanks!

Hi there,

Unfortunately Redbridge rejected my appeal:

https://ibb.co/zhkXcSK0
https://ibb.co/Wpjv0ybS

Any thoughts on my next steps?

Many thanks.

Failure to consider. I say Tribunal time. I will PM you my details if you agree to take it all the way.