Author Topic: Islington, Code 38JL, Failing to comply with keep left sign  (Read 29 times)

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Hello lovely people, I did not find your site until after I have already challenged the PCN due to severe sun-glare and it's proximity to the junction I had just negotiated.  However, they rejected my representation.  What I want to know, is whether I should go to tribunal as I do believe it was completely unfair to issue this PCN due to the circumstances.  Also, I do believe this installation (which I've never seen before, in all my years of driving in London), is there just to make money.  I asked for the TMO (attached) but note that no signing schedule or road safety audit for this installation (they have admitted to this).

Admittedly, I did get AI to assist me with the representation, even document 12 below, which is proposed for the tribunal.  I need your guidance, good people, as to whether this is worth going to tribunal or just pay the fine and get on with life.

I attach the following links:
01-Islington_PCN_22MAY2026.pdf
02-Contravention_Image1.png
03-Contravention_Image2.png
04-Contravention_Image3.png
05-Contravention_Image4.png
06-Contravention_CCTV.mp4
07-PCN_Challenge_IZ40134473_REDACTED_26MAY2026.pdf
08-Helmet_Camera-A.mp4
09-Helmet_Camera-B.mp4
10-Islington_PCN_Rep1y_REDACTED-15JUN2026.pdf
11-1slington_PCN_Rep1y_TMO-15JUN2026.pdf

12-1slington_PCN_Proposed-Tribunal_IZ40134473.pdf

Many thanks in advance!

This is a link to my OneDrive folder which has all these documents, if it's easier:
FTLA_38JL Failing to comply with a sign
« Last Edit: Yesterday at 03:00:50 pm by PilotGee »

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Re: Islington, Code 38JL, Failing to comply with keep left sign
« Reply #1 on: »
Interesting you have helmet cam but there are multiple keep left signs.

Generally these proxy width restriction contraventions are rarely challengeable because not obeying a mandatory keep left sign is an absolute as long as signs are compliant and clear.

I think you'd be taking a big gamble with £80 if you take it to the tribunal but see what others say. 

Re: Islington, Code 38JL, Failing to comply with keep left sign
« Reply #2 on: »
Thanks for your feedback.  I will wait to see what others may say as I did not genuinely seek to disobey any road signs and if the installation can be improved for future drivers, then surely that is a good thing?

Re: Islington, Code 38JL, Failing to comply with keep left sign
« Reply #3 on: »
It's annoying because these restrictions are for stopping large vehicles going down back streets but they are enforced against any vehicle owing to the keep left signs.

That one in Riversdale Road has been there for years.

This is the most recent appeal at London Tribunals from the same direction I think.

---------


Case reference   226008648A
Appellant   xxxxx
Authority   London Borough of Islington
VRM   LX59ZTD
PCN Details
PCN   IZ37992875
Contravention date   02 Dec 2025
Contravention time   14:15:00
Contravention location   Riversdale Road
Penalty amount   GBP 160.00
Contravention   Failing to comply with a keep left/right sign
Referral date   -
Decision Date   16 Jun 2026
Adjudicator   Henry Michael Greenslade
Appeal decision   Appeal refused
Direction   Full penalty charge notice amount stated to be paid within 28 days.
Reasons   
A contravention can occur if a vehicle is driven fail to keep left of a direction shown by a white arrow on a blue sign.


There appears to be no dispute that the vehicle was at this location, as shown in the closed circuit television (cctv) images produced by the Enforcement Authority.


The vehicle is seen to pass to the right of the bollard when the sign clearly indicates that all vehicular traffic should keep left.


The Appellant’s case is that he made a mistake but no one else was involved.


However, what I have to determine is whether the Appellant’s vehicle contravened the ‘keep left’ sign, which it clearly did, and, if so, whether it fell within any exemption.


The sign is that prescribed by Diagram 610 at Item 3 in part 2 of Schedule 3 to the Traffic Signs Regulations and General Directions 2016 and under Paragraph 3(4) in Part 4 of Schedule 3, the only exemptions are for vehicles being used for the following purposes:


(a) fire and rescue authority;


(b) Scottish Fire and Rescue Service;


(c) ambulance;


(d) blood service;


(e) providing a response to an emergency at the request of an NHS ambulance service;


(f) bomb or explosive disposal;


(g) special forces


(h) police; and


(i) National Crime Agency.


I accept that this may have been a genuine mistake but, unfortunately, that does not of itself amount to a valid ground of appeal as it does remain the responsibility of the motorist to check carefully at all times whilst driving their vehicle, so as to ensure that they do so only as permitted. This includes making sure that they comply with all restrictions and prohibitions indicated by the signs.


The penalty charge is £160. The amount of the penalty charge is set by the Transport, Environment and Planning Committee of London Councils and approved by the Mayor of London with the authority of the Secretary of State. Under Section 4(8)(a)(iv) and 4(10) of the London Local Authorities and Transport for London Act 2003 the enforcement authority must accept the reduced penalty of £80 if paid within 14 days of the date of the Penalty Charge Notice. This is different from some other types of Penalty Charge Notice, where the relevant date is service. Once this period has expired and, for whatever reason including appealing to the Adjudicator and/or making representations to the authority, the charge remains unpaid then the full penalty becomes due.


Section 4(18) of the 2003 Act provides that in determining, for the purposes of any provision of the Act, whether a penalty charge has been paid before the end of a particular period, it shall be taken to be paid when it is received by the authority concerned.


The Enforcement Authority did, in exercise of their discretion, reoffer the reduced penalty period in their Notice of Rejection and whilst I note all that the Appellant says regarding the circumstances, the Adjudicator is only able to decide an appeal by making findings of fact on the basis of the evidence actually produced by the parties and applying relevant law. The Court of Appeal has affirmed that the Adjudicator has no power to consider mitigating circumstances of any description, including reducing the amount of the full penalty charge.


Applications for time to pay the Penalty Charge Notice must be addressed to the Enforcement Authority direct.


Considering carefully all the evidence before me I must find as a fact that, on this particular occasion, a contravention did occur and the Penalty Charge Notice was properly issued.


Accordingly, this appeal must be refused.


Re: Islington, Code 38JL, Failing to comply with keep left sign
« Reply #4 on: »
Thank you for that, it is very useful.  It is certainly annoying since my motorcycle clearly does not exceed the width restriction, however, I understand that the rules of the road still apply - I'm not arguing with that. 

My view is that for a motorcycle user turning into this junction for the first time, there are two road textures in quick succession that have to be negotiated, which pulls focus away from looking ahead.  I was only doing 14 mph, and still that only left me with about 2 seconds to see and negotiate the installation.  This is irrespective of the sun glare that had washed out not only the road markings, but the signs ahead as well.

I will probably end up paying the fine, I don't have an issue with that, however, I do think it is most unfair.  There is a lot they can do to that junction to improve it for motorists not to get caught out, should they choose to.