Author Topic: Barnet, code 53J failing to comply with a restriction on vehicles entering a pedestrian zone, Essex Park north of Wentwo  (Read 641 times)

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Hi All,

My wife recently got a PCN with code 53J Failing to comply with a restriction on vehicles entering a pedestrian zone.

- Location: Essex Park, turning right onto Wentworth Avenue, N3
- PCN Number: AG48951769
- Vehicle Registration Number: VN69AZP
- Date of contravention: 10/06/2025
- Date of Notice: 16/06/2025

I've put the PCN letter, official pictures and video plus my pictures of the area on DropBox: link

My wife turned right onto Essex Park from Ballards Lane, and then right onto Wentworth Avenue. This was at 3:50pm, and so in the 3-4pm restricted time.

When she drove down Essex Park after turning off Ballards Lane she did not see the warning sign. I went back to that area, and it seems to me that the sign is obscured by a big tree initially, and then by the sun (which is directly behind the sign). There is only a warning sign on the left-hand side of the road, not the right-hand side. Please see my pictures for details.

She then turned right into Wentworth Avenue. There is a warning sign at the junction of Wentworth Avenue and Essex Park, but this is for people driving up Wentworth Avenue not turning right onto it, and so my wife did not see it (it is 90 degrees to her direction of vision). I think there should be two signs at the end of Essex Park, at the junction with Wentworth Avenue.

This PCN is in the same location as others on this site, links are below in case it helps provide a response:
Case 1

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/barney-pcn-53j-entering-in-pedestrian-zone/

Thanks in advance for your help, much appreciated!

Tom

 








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We do see rather a lot of these PCNs where the restriction is at the street on the right on coming up to a T-junction.
To the council's credit, they have put up an advance sign of the type we like to see, of a plan of the street layout ahead, and where one can turn or not turn. You say it is obscured by the trees, but that certainly doesn't come across in your photos. The sun glare is more valid, but this is a problem anywhere, not just here. What could be criticised is, there is only one actual 'Flying Motorbike" sign; there really should be two one each side of the street entrance.
Councils have a duty under Regulation 18 of the The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 to erect 'adequate' signage.  However, like all weasel words like this, it is subjective. To you and your wife it is inadequate, to the council it is adequate. So they will refuse your representations leaving you with the choice of paying the discounted penalty, or registering an appeal at London Tribunal with the full PCN penalty in play.  The adjudicator would read yous submission and the council's and decide if the signage is adequate or not.

So the bottom line is - are you prepared to stand your ground and take them to London Tribunals ? For me, you're not on strong ground as there is an advance warning sign that doesn't appear to be obscured, (looking at your photos). However, you have the absolute right in law to put the matter in front of an adjudicator, but you must first submit representations to the council and have those rejected, before you can do so.

Hi Incandescent,

Thanks for your advice, much appreciated.

I think I will appeal it anyway. I'll have to see whether to take it as far as a tribunal; I'll see how stubbon I'm feeling :)

Thanks again

Tom 

Oh, yes, definitely submit representations. I think the strong points are the sunlight causing dazzle, so the advance sign was not seen and read, and the inadequate signage at the start of the restriction with only a single sign that is side-on to motorists approaching from the side road.


Thanks Incandescent, will do.
Don't expect them to roll over and cancel, this is a long game.

Here is my appeal letter, in case it helps anyone. I've just sent it off, so let's see how I go!
-----

Dear Sir/Madam,

I am writing to formally challenge PCN AG48951769 (date of notice: 16/06/2025). There are compelling reasons to reconsider the validity of this PCN, and I wish to present my case for your review.

1. Inadequate warning signs on Essex Park Road

There is only one sign on Essex Park Road warning of an upcoming pedestrian zone restriction (on the left hand side of the road). There should be a sign on both sides of the road, so there is a clear warning to drivers of the upcoming restriction. In my case, this single sign was not visible due to the sun (see below), and so therefore there should be signs on both sides of the road in case one sign is not visible so that drivers are given adequate warning.

2. Single warning sign obscured by the sun

On the date of the contravention (10th June) it was an extremely sunny day, the sun was directly behind the warning sign and had totally obscured it, effectively meaning I was given no warning of the upcoming restricted zone. I have included a photo of Essex Park Road, taken on Wednesday 25th June at 8:37 pm; the sun had partially gone down by then but it clearly shows that the sun is directly behind the sign. At the time of the contravention (3:50 pm) the sun was higher in the sky and so very bright, meaning that and it was not possible to view the single warning sign.

3. Inadequate signage delineating the start of the restriction when turning right from a side road

 I turned right into the restricted zone on Wentworth Avenue from Essex Park.  The signage delineating the restricted zone is inadequate and so I was not given sufficient notification that I was entering the restricted zone. Specifically:
a. There is a single start of pedestrian zone sign on Wentworth Avenue. This is on the left hand side of Wentworth Avenue, and so when turning right into Wentworth Avenue from Essex Park the sign is not visible at all - it is at 90 degrees to my direction of vision and not possible for me to see. 
b. There is no sign on the right hand side of Wentworth Avenue. Given that drivers turn right into the restricted zone and for the most part drive right-hand drive cars, only a sign on the right hand side of Wentworth  Avenue will be visible to drivers turning right into Wentworth Avenue

The absence of a sign on the right hand side of Wentworth Avenue means that Barnet council have failed to meet their legal requirement to notify drivers turning right Wentworth Avenue that they are about to enter a restricted zone; there are effectively no visible signs delineating the restricted zone, and so this PCN is invalid.

I look forward to your response.
Yours Sincerely,

Hi Incandescent,

I received the appeal rejection letter from Barnet Council, I'm considering now referring this to the adjudicator, and wanted to check your thoughts on the letter (in dropbox link below).

DropBox Link: link

The rejection letter says the following:
'There are adequately placed restriction signs on both sides at the entrance to the road at the location. There is a warning sign prior the location as well. The signs are fully compliant with the Traffic Signs Regulation and General Directions (TSRGD) 2016'

By 'entrance to the road at the location', I assume they mean the entrance to the restricted area just past the T-junction. Assuming that is the case, there is only one sign on the left hand side of the road when driving up Wentworth Avenue (see picture 'Wentworth Avenue sign') so their statement that there are signs on both sides of the road is incorrect. Do you think that this is a significant point to make when sending my case to the adjudicator, i.e. if a significant component of their argument for rejection is that there are signs on both sides of the road does me proving otherwise significantly weaken their argument?

I'm thinking about making the following points:
- re-iterating that the warning sign on Essex Park Road was obscured by sunlight
- contesting their point that there are signs on 'both sides at the entrance to the road at the location'
- re-iterating that the single sign is not visible when turning right from Essex Park Road onto Wentworth Avenue, therefore their claim to there being 'adequately placed restriction signs' is invalid.

Any help appreciated

Kind Regards

Tom









The test of all signage for a restriction is "adequate" formalised in Regulation 18 of the The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996

https://www.legislation.gov.uk/uksi/1996/2489/regulation/18

Obviously the signs that are there comply with the The Traffic Signs Regulations and General Directions 2016, but are there enough of them to adequately convey the restriction to approaching motorists ? I say not.  In addition,  in their reply they say there are two signs at the entrance to the restriction, but their own video with a photo extracted from it on your PCN,shows there is only one. So to me the test of adequacy is not met.

Having said all the above, are you prepared to risk the full PCN penalty at London Tribunals ?

Hi Incandescent,

Thanks for your comments on their response, and for the definition of 'adequate'. I also don't think the signs are adequate, so on principle I am going to send the PCN to London Tribunals; it is not fair to hit drivers with hefty fines for driving into restricted zones we haven't been made aware of. I'll take the risk that we end up having to pay the full fine.

Thanks again

Kind Regards

Tom

Hi Incandescent,

Thanks for your comments on their response, and for the definition of 'adequate'. I also don't think the signs are adequate, so on principle I am going to send the PCN to London Tribunals; it is not fair to hit drivers with hefty fines for driving into restricted zones we haven't been made aware of. I'll take the risk that we end up having to pay the full fine.

Thanks again

Kind Regards

Tom
Make sure you quote their refusal letter in your appeal to London Tribunals saying there are two signs when their own video shows there is only one. This means they have just sent a typical Fob-Off letter and have not considered your representations.