Free Traffic Legal Advice

Hi all,

I just discovered this forum and I have already submitted my representation which I based on the lack of signage in the CCTV footage and the still images from it. The council sent a rejection letter, but I am not convinced they addressed my representation properly as they just said that they noted my comment about the signage not being clear (when in fact I made no claim about visibility) and simply said the signage was clear and sent images of the site taken 1 week after the alleged contravention. They provided no evidence that the signs were even there at the time of the alleged contravention, let alone if they were adequately visible. Any advice on taking this to the tribunal is appreciated.

Original PCN: https://imgpile.com/p/5lspw7K

CCTV footage: https://imgpile.com/p/6OqPj6t

I submitted the following representation: "I write to formally challenge the Penalty Charge Notice issued for the alleged contravention 50R – Performing a prohibited turn (no right turn). The council bears the burden of proving that the alleged contravention occurred. However, upon reviewing the photographic and video evidence provided, I note that none of the images or footage show any traffic signs in situ indicating a prohibition of a right turn at the location and time in question. Without clear evidence of the relevant traffic signs being present, visible, and compliant with the Traffic Signs Regulations and General Directions (TSRGD), it is impossible to establish that a contravention took place.

The existence and proper positioning of lawful and visible signage form an essential element of the alleged contravention. The council’s failure to include this evidence means it has not discharged its evidential burden. In the absence of proof that adequate and lawful signage was in place at the time and location that the alleged contravention occurred, the PCN cannot be sustained, and the alleged contravention cannot be said to have occurred. The council had the opportunity and obligation to provide such evidence at the outset, and failure to do so cannot now be remedied retrospectively. Given that none of the supplied evidence depicts the required traffic signs, it is highly unlikely that an independent adjudicator at London Tribunals would find the evidence sufficient to support the alleged contravention. Accordingly, I respectfully request that this Penalty Charge Notice be cancelled forthwith and that written confirmation of cancellation be provided."

Notice of rejection: https://imgpile.com/p/ZWT7tOM

GSV of location: https://maps.app.goo.gl/3vdF6GKqmvZfWMXGA

Thank you for your reply Richard.

It seems that my best chance is arguing that the CCTV footage does not show the presence of any signs prohibiting the turn. I have found two cases where the adjudicator allowed the appeal based on the fact that the CCTV evidence was insufficient due to the lack of visible signs and the post-event images did not remedy that defect because they are not contemporaneous (2240276019 and 2240411930).

Any advice on how to properly argue this point, or potentially any other, would be appreciated.

Also, just to make sure I am not miscalculating, if I have 28 days after the service of the NOR to appeal, it I have to submit it at latest on 19 February if the NOR is dated 20 January, correct?