Author Topic: LB Brent 53J Failing to comply with a restriciton on vehicles entering a pedestrian zone  (Read 4255 times)

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Hello,

the deadline for an appeal is 28th April. Is anyone able to assist as I have no idea where to start or even what grounds to appeal on?





When did you submit your representations ?

This thread shows that you were about to submit them in mid-January. There is no time limit in the LLA & TfL Act 2003 for responses to reps against a postal PCN, but there is a 56 day limit in the TMA 2004 for formal reps against an NtO or a postal PCN.  Whilst there is no limit in the 2003 Act, one could argue that the limit in the TMA 2004 is clearly intended to prevent councils procrastinating and causing unfairness by their dilatoriness, and the same principal should apply to your case. Clearly their response is well over 56 days and you could argue this has caused unfairness to you when preparing an appeal to London Tribunals, as your memory has faded with time, and documents you may need at an adjudication may have got lost during the excessive time to respond.

Of course, there is no gurantee this approach will succeed at London Tribunals, but at least it would receive consideration. As you are probably aware by now, councils ruthlessly game the system to maximise their income. Are you happy to let them continue to do so ? 


When did you submit your representations ?

This thread shows that you were about to submit them in mid-January. There is no time limit in the LLA & TfL Act 2003 for responses to reps against a postal PCN, but there is a 56 day limit in the TMA 2004 for formal reps against an NtO or a postal PCN.  Whilst there is no limit in the 2003 Act, one could argue that the limit in the TMA 2004 is clearly intended to prevent councils procrastinating and causing unfairness by their dilatoriness, and the same principal should apply to your case. Clearly their response is well over 56 days and you could argue this has caused unfairness to you when preparing an appeal to London Tribunals, as your memory has faded with time, and documents you may need at an adjudication may have got lost during the excessive time to respond.

Of course, there is no gurantee this approach will succeed at London Tribunals, but at least it would receive consideration. As you are probably aware by now, councils ruthlessly game the system to maximise their income. Are you happy to let them continue to do so ? 



I submitted representations to Brent as advised on 16.01.2025.  I received the NOR on 08.04.2025, I have not received any other correspondence from Brent.

@Incandescent Appreciate the reply above, but it went over my head. I am not familiar with TMA 2004 or how I shoud respond to NOR? Do I now appeal to London Tribunals with a statement in order to secure a Tribunal Hearing date and then submit further evidence later?

Have they re-offered the discount ? If not, then it's a total no-brainer to now register an appeal at London Tribunals, on the basis of unconscionable delay in responding to representations.

If they have then you have to decide whether to risk the additional money in what I call the "Double or Quits Gamble" of going to London Tribunal. Your case is not what we call a "slam-dunk" win, I'm afraid, although it is very reasonable.

Yes, they did re-offer the discount, unexpectedly, but I know that the 1st sign was not visible on the day in question; the driver remembers there being a white van on our left and neither of us saw the sign on Manor Park Road, despite being observant. Is this worth mentioning for consideration? The other signs were perpendicular to our direction of travel, and we passed under them turning left into Crownhll Road. Will also look up 56 day rule that you mentioned.

Yes, they did re-offer the discount, unexpectedly, but I know that the 1st sign was not visible on the day in question; the driver remembers there being a white van on our left and neither of us saw the sign on Manor Park Road, despite being observant. Is this worth mentioning for consideration? The other signs were perpendicular to our direction of travel, and we passed under them turning left into Crownhll Road. Will also look up 56 day rule that you mentioned.
If the signage is inadequate, they have failed in their duty under Regulation 18 of The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 ("LATOR"). See Part III
https://www.legislation.gov.uk/uksi/1996/2489/contents

The 56 days is in here: -
https://www.legislation.gov.uk/ukdsi/2022/9780348232752/regulation/6

But it doesn't apply to the Act under which your PCN was issued. However, it seems to me that "sauce for the goose is also sauce for the gander" even though it's not enshrined in law in your case
« Last Edit: April 26, 2025, 01:52:44 am by Incandescent »

You are overcomplicating matters, let's get you back on track.

Registering an appeal is exactly that, registering an appeal.

You do NOT have to do any more at this stage than register. You can identify 'contravention did not occur' and that you rely on your original representations.

That'll do for this part.

Once it's registered you can add more meat, especially after you have seen the authority's evidence.

NOR dated 1 April means that you MUST register no later than 30 April. (I say MUST because you don't have a good reason for lateness).

So, pl get on with it. You can register online.

Thank you and will do.

Hi, I have a Tribunal hearing scheduled online on 22nd July 2025 @2pm. Brent only sent me the evidence 2 days ago. Can anyone help with my appeal?

Just quickly lookin through this thread, there are two things, (1) inadequate and badly place signage, and (2) their response to your reps was months after you submitted them. As said before, whiilst there is not limit on responses to formal reps in the legislation the PCN was served under, it was way over the 56 days limit in the other Act in use for parking and traffic offences, the Traffic Management Act 2004.

Therefore your reps should be based on your original reps to Brent but with their inordinate delay in responding that has created unfairness added in. It has been stated by judges in past cases, that the assumption when Parliament granted these powers, is that councils given penal powers like this will apply them in a timely and fair manner. Brent fails this test.

Among the documents nside the Evidence Pack there should be these two
a summary (1-3 pages) of why Brent think the Adjudicator shpuld dismiss yr appeal, and also
there should be a list of contents.

Please post these and the experts here willl let you know if they wish to see anything else.

 :( For some reason the notification for your replies went to my Spam box so only just seen, sorry for delayed reply (been very unwell)

https://imgur.com/a/CD2aprg

I can only see their Case Summary, where's the rest?

As regards the contravention, and assuming the prohibition exists, then the issue is one of signage. Your video shows the sign and GSV shows no sign, just where one might be if unfolded. But what does their photographic evidence show?

In the absence of any objective facts as to why, that driver did not see the advance sign is unlikely IMO to convince an adjudicator that there has been a regulatory failure on the part of the authority.

Among the documents nside the Evidence Pack there should be these two
a summary (1-3 pages) of why Brent think the Adjudicator shpuld dismiss yr appeal, and also
there should be a list of contents.

Please post these and the experts here willl let you know if they wish to see anything else.

I posted the summary and list of contents, was I supposed to post all the pages?

I can only see their Case Summary, where's the rest?

As regards the contravention, and assuming the prohibition exists, then the issue is one of signage. Your video shows the sign and GSV shows no sign, just where one might be if unfolded. But what does their photographic evidence show?

In the absence of any objective facts as to why, that driver did not see the advance sign is unlikely IMO to convince an adjudicator that there has been a regulatory failure on the part of the authority.

What does GSV stand for?

Photographic evidence shows a blown up camera shot taken on the opposite side of the road on the pavement where you walk!
The sign placement, is very poor as evidenced in their phorographic evidence. The advance sign on manor Pk Rd, is about 300 yds before Crownhill Rd and can be easily obscured by a passing or parked high sided vehicle. I was in the car (not driving) and the advance sign was not visible on the day that alledged contravention occured.

This School Street is a cash cow for Brent, as are the other School Streets in Brent with inadequate sinage.