Author Topic: Hammersmith & Fulham PCN - 130 Days to respond to Appeal - Issued Notice of Rejection  (Read 175 times)

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I received a Notice of Rejection to a PCN I appealed 130 days ago.

I am aware that Penalty Charge Notices issued under Traffic Management Act 2004 (for parking) require a response to appeals within 56 days set out in the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) Regulations (England).

However, LLATLA 2003 has no such statutory maximum time period. But, I have read before that the London Tribunal have made decisions applying a "reasonable time" of 90 days.

I'm wondering if this case precedent is frequently applied or if it varies and what sort of reasons would the Tribunal accept for a 130 day delay?

Whilst looking into this just now I found on their site:
Where a Enforcement Authority believes that a moving traffic contravention has occurred, it may serve a Penalty Charge Notice on the person appearing to them to be the owner of the vehicle. This is...
London Tribunals · londontribunals.gov.uk


Which states, "The adjudicators have decided that a Enforcement Authority should normally respond to representations within 3 months."

For context it is a HGV that has gone to a big construction site (
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) on a road called Imperial Road, that has a "No motor vehicles" restriction on part (between Emden St & Fulmead St) of the road (like a bus gate but a no motor vehicle gate) as part of some Clean Air Neighbourhood initiative. However, for the west end of the road, the main road that it meets at a T junction, New Kings Road, has signage indicating a "No motor vehicle" restriction on the entire Imperial Road (
Find local businesses, view maps and get driving directions in Google Maps.
Find local businesses, view maps and get driving directions in Google Maps. · maps.app.goo.gl
&
Find local businesses, view maps and get driving directions in Google Maps.
Find local businesses, view maps and get driving directions in Google Maps. · maps.app.goo.gl
). And you would go along this road around the block (King's Road, Lot's Road, Harbour Aveneue, Townmead Road, Imperial Road) to the the east end of the road having already gone past the "No motor vehicles" sign. On the east end there is signage indicating:
"No motor vehicles
Imperial Road
No through route
to
New King's Road" (
Find local businesses, view maps and get driving directions in Google Maps.
Find local businesses, view maps and get driving directions in Google Maps. · maps.app.goo.gl
)

Which indicates to me there is a "No motor vehicles" restriction on the entire road. However, the restriction is only between two junctions about 50m apart so both the east and west ends of the roads are open to motor vehicles until the restricted section. But the signage on either end does not make it clear at which point along the road the restriction begins. There are no "100 yards ahead" type signs that one might expect for such a strict restriction. The correct route is  entering the road from the east, however, the signage on both ends is ambiguous and does not clealry inform motorists as to the effect of the TRO imo. As the whole road is not a no "Motor Vehicles" restriction, just a section of it in the middle.

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Please post the usual document we require by reading this and updating your thread accordingly:-
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

We do need to see your reps and their response.

Please see my appeal -
Google Docs · drive.google.com


And the Notice of Rejection -

Tbh I was trying my luck here, however the more I look at the signage from either end of the road, the more I think it's not right and doesn't convey the effect of the TRO as signage at both ends of the road (and approachin the road) seem to suggest the entire Imperial Road is 'No Motor Vehicles', which isn't the case.

Now, the fact they have taken 131 days to respond to the appeal just seems unreasonable to say the least.
« Last Edit: Today at 01:53:15 pm by TheParkingmeister »

The signage at either end of Imperial Road seems to be ineffective at conveying where the signage begins -
Google Drive · drive.google.com


I put an overlay of the TRO restrictions over the GPS tracking trail of the vehicle -
Google Docs · drive.google.com



Forget about the planning aspect of the HGV. A council must make all motorists using the road aware of the effect of the order, and most motorists are not planning every aspect of their route. Neither end identifies where the restriction actually starts on Imperial Road. The east end they even have just the 'no motor vehicles' diagram on a map-type advance direction sign. But the whole road isn't restricted. It should have a "360 yds" plate under it.

Whay you have shown us are advance warning signs, (blue background); the actual restrictions are ahead of these signs. OK, they don't give the distance.