Free Traffic Legal Advice

Hello, I hope I can get advice on whether it's worth contesting this PCN.

I think the last day to pay the discount is October 29th. There was a posting about this particular restriction a year ago but no follow up.

I wasn't aware of this new restriction against turning into this road as I didn't see new signage when first entering Woodfield Way from the main road Durnsford Rd (B106) which you have to do in order to turn into Gordon Rd before turning into Bounds Green Rd. I used to live in this area and regularly took this route before any restriction, but since moving, I haven't been back this way for a couple of years. Hence I wasn't expecting there to be any restriction and didn't clock any signage when I drove into this road late at night on my way home recently. The only time I realised there was some sort of new restriction was after seeing signage as I exited Gordon Rd, turning into Bounds Green Rd, when of course it was too late.

It turns out this is a temporary restriction installed as a low traffic scheme in August last year. Google map only shows pix of the road in June 2022 before the restriction and new signage were implemented. I am planning to go back for pix of existing signage (the signage I presumably missed at night upon entering the road).

Please can you advise if there are any grounds to contest this. Is it worth asking the council to exercise discretion due it to being a new temporary restriction that I wasn't aware of, no longer being a a local resident, and it being difficult to clock new signage in the dark (suspect not!).

Many thanks for any advice in advance.

Hope have added flickr links for both sides of PCN letter correctly - https://flic.kr/p/2pb4kC7 and https://flic.kr/p/2pb2wAq

Excuse this longer posting - it is to explain the series of pictures taken to document the poor / lack of warning signage before and during the turning into Woodfield Way and Gordon Road. This would explain why I didn't see or wasn't aware of any clear warnings that a new restriction had been imposed, and that I was no longer meant to be turning into Gordon Rd in order to access Bounds Green Rd.

I found the signage leading up to the actual road and restricted turning either non-existent, poor or barely visible, particularly for a non-resident unfamiliar with road names, driving late at night and unaware of a new traffic scheme having been imposed. I don't know if that is a strong enough defence or offers sufficient mitigation to appeal.

The route I was driving is one I used to use occasionally when I lived in the area a few years ago, when no restrictions existed back then. Since moving out of the area, on this occasion of driving the same route, it was the first time doing so in a couple of years, hence I had missed out on any publicity or warnings that a new temporary traffic scheme was being introduced and therefore wasn't expecting any restrictions on my route and not especially looking out for new signage. I don't recall seeing anything that would have made me aware until it was too late.

Durnsford Rd, the main road leading up to the Woodfield Way, was the approach I was coming from (not the other way from Bounds Green Rd) and found there was only one small sign on Durnsford Rd some distance away from the actual turning into Woodfield Way, which would have been difficult to read especially in the dark, and was positioned just before a zebra crossing, which I would be prioritising my focus on at that point, again particularly at night when dark. It stated 'No access to Bounds Green Rd via Woodfield Way' - I did not know the name of Woodfield Way before now, so even if I had been able to clock it (or had time to clock it) and read it properly, I would not have known which road the sign was referring to. This is the small warning sign  - https://www.flickr.com/photos/199367134@N05/53280473021/in/dateposted-public/

After this sign, there are no more warning signs at the turning into Woodfield Way, neither on Woodfield Way or Grodon Road itself until right at the very end of Gordon Road and exit into Bounds Green Road, when it is already too late.

No signs at turning from Durnsford Rd into Woodfield Way -
https://www.flickr.com/photos/199367134@N05/53280501696/in/dateposted-public/

No signs in Woodfield Way before turning into Gordon Road -
https://www.flickr.com/photos/199367134@N05/53280793968/in/dateposted-public/

No signs at turning from Woodfield Way into Gordon Rd -
https://www.flickr.com/photos/199367134@N05/53280515361/in/dateposted-public/

Still no warning signs as you round bend in Gordon Rd -
https://www.flickr.com/photos/199367134@N05/53280801743/in/dateposted-public/

Still no signs in Gordon Road before end of road -
https://www.flickr.com/photos/199367134@N05/53280989920/in/dateposted-public/

These are only warning signs right at end of Gordon Road as exiting into Bounds Green Road which are difficult to interpret until you get right up to the exit, and in the dark I found these confusing, as I had not seen the clearer signs on other side, the ones you would see from the Bounds Green Rd approach. I didn't see these as approached from Durnsford Rd, not Bounds Green Rd.
https://www.flickr.com/photos/199367134@N05/53280808873/in/dateposted-public/

From a distance, when unfamiliar with a new traffic scheme, these signs are confusing without sufficient prior warning signage, and I found it difficult to interpret what was going on in the dark. However, I was not aware of this signage until too late, upon exiting the road.
https://www.flickr.com/photos/199367134@N05/53280816618/in/dateposted-public/

These are signs seen from Bounds Green Rd side (after exiting) which are more obvious that motorists are not meant to have access. If you are travelling along Bounds Green Road on approach (which I wasn't - I was exiting onto Bounds Green Rd), it is easier to see the sign stating 'no access to Durnsford Rd'. Unfortunately I did not see this signage on this side until actually exiting into the main road (Bounds Green Rd) when I saw these in my rear view mirror. But I still was not fully aware of the exact restriction as I didn't have time or capacity to properly read/study these while driving out onto a main road.
https://www.flickr.com/photos/199367134@N05/53279657082/in/dateposted-public/

The TMO is The Haringey (Prescribed Routes) (No. 12) Experimental Order 2022 and it is still in force unless it's been revoked, which seems unlikely.

Unfortunately these signs looks clear as day:



If you say they're confusing, the council will reply that you should have read the highway code.

Here's the video:



It doesn't look that dark to me.

There are two possible strategies:

1) Make a plea for discretion, or
2) Try and trip the council up into failing to consider your representations.

Strategy 1 involves appealing to the authority's discretionary power not to enforce, which is a power only the council has (the tribunal cannot allow an appeal on this basis).

Strategy 2 involves giving the council a link to a video or image you want them to consider, and setting it up view a click / view counter so we can prove whether they're looked at your supporting evidence. If they fail to look at it, you can then win on a failure to consider.

The best approach might be to combine both approaches (provide evidence of mitigation by means of a link), but first we need to know if you have any meaningful mitigation to put forwards.

For me, their small and unlit sign is totally inadequate, as it is not a traffic sign. It is also all text and assumes you know all the street names.  It is basically just a cheap and nasty way of ticking a box; "advance warning sign  ? yep, done that, so tick the box."  A proper traffic sign would show a junction diagram of the streets with those that are now cul-de-sacs. These cost more, so councils don't like putting them up.

However the downside is that such is the greed for cash in councils, they will reject all your reps, and you'd have to test the matter at London Tribunals with the full PCN penalty in play. This is why only about 1-2% of London PCNs ever get to adjudication.

Any help please!! - I've only two days left to appeal to council (by this Friday 29th).
I wanted advice on which main points to include for drafting my first response to council to send today hopefully (??inadequate signage on approach fron Durnsford Rd, unlit non-traffic sign difficult to see at night, non-resident would not know road names mentioned??) and what if anything to hold back for adjudication stage?

Plus if I send a link of photo evidence of poor signage - how do I set it up pix so I can see if viewed at all.

Many thanks.

Thanks Mr Mustard for your reply.

I'm confused by the contradictory statements I've read on traffic forums so far on the wording issue.

Just to clarify -
Is the PCN wording requirement according to the London LA and TfL Act 2003?

So the PCN must have Date of Service for the bits about increased charge and issuing of Charge Certificate, whereas Date of Notice must be stated for the payment bit?

What is the strategy reasoning then?
Tell the council the wording is wrong, expect to have this rejected (I'm not sure whether Haringey blanket rejects or not) and then have to go to tribunal?

And then just argue on this point at tribunal - so at no stage include request for council’s discretion (was unaware of new LTN, non-resident first time mistake) and/or mitigation (lack of warning signs on my approach route and only one unlit non-traffic sign poorly positioned right before zebra crossing, non resident not knowing road name being referred to)?

Any further advice about strategy and what to draft for first response would be great, as want to get reply sent by / before Sunday 29th which is when 14 day discount ends.

Thanks.

Thanks Pastmybest and everyone for their help so far.

I will submit the first representation about the PCN wording being non-compliant and let you know the council's response.

If they reject, hopefully I can get further advice about how best to appeal at Tribunal stage.

Many thanks so far.

Mr Mustard and pastmybest have found a fatal flaw in the PCN, something odd going on here because I'm sure Haringey PCNs used to be OK.

The council will almost certainly reject but don't worry about that, post the notice of rejection on here when you get it and one of us will help you with the tribunal appeal.