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RE: Appeal Against Penalty Charge Notice [PCN Number]
Dear Sir/Madam,
I write to formally contest the Penalty Charge Notice referenced above, issued by the London Borough of Greenwich. I submit that the alleged contravention did not occur, and the PCN should be cancelled forthwith for the following reasons:
Non-Compliance with Statutory Traffic Management Orders
The enforcement of the bus lane restriction relies upon The Greenwich (Bus Lanes) Traffic Order 2001 and its subsequent amendment, The Greenwich (Bus Lanes) (Amendment No. 12) Traffic Order 2014. I submit that the requirements set forth in these Traffic Management Orders (TMOs) have not been satisfied in this instance.
Inadequate Signage
There is a statutory requirement for clear and proper signage to be displayed in accordance with the Traffic Signs Regulations and General Directions 2016. Specifically:
a) No evidence exists of a Diagram 958 warning sign being present at the required distance before the restriction.
b) There is an absence of the mandatory Diagram 959B signage past the point of the alleged contravention.
The absence of these prescribed traffic signs renders the restriction unenforceable, as per the principles established in various Traffic Adjudicator decisions, including but not limited to Herron v London Borough of Lambeth [2014] EWHC 1963 (Admin).
Burden of Proof
The burden of proof lies with the enforcement authority to demonstrate beyond reasonable doubt that:
A contravention occurred
The relevant TMOs were properly made and are in force
All prescribed signs and road markings were in place and clearly visible
I submit that Greenwich Council cannot discharge this burden of proof in this instance.
Legal Precedent:
The importance of proper signage has been consistently upheld by the courts, as exemplified in Parking Committee for London v The Parking Adjudicator [2007] EWHC 1372 (Admin), where it was held that inadequate signage renders enforcement invalid.
Request for Resolution:
Given the above submissions, I respectfully request that:
The PCN be cancelled immediately
Written confirmation of the cancellation be provided
All enforcement proceedings be terminated
Should the Council wish to maintain this PCN, I require:
Evidence of compliance with the relevant TMOs
Photographic evidence of the required signage in situ
Certification that all signage meets the prescribed requirements
I reserve the right to add to or amend these grounds of appeal and to introduce additional evidence as it becomes available.
Thank you.
