Free Traffic Legal Advice

Here are the reps that I made.

Your Notes: Alleged contravention - 01.03.2024 Processed 08.03.2024 Received 12/13.03.2024 On receiving the PCN I revisited the location of the alleged contravention and note the extensive roadworks on the northbound carriageway of Chamberlayne Road between Mortimer Road, Mostyn Gardens and Bolton Gardens. The junction of Kempe Road is within these roadworks. I have taken a number of photographs of the area but I am limited to three (3) files for you to consider. Photo 1 looks northbound on Chamberlayne Road and has a 20 mph roundel but no 'no right turn sign' indicating that there is a restriction in place. The large black rectangular sign above the warning triangles on the pavement is a 'no right turn sign' but is facing the wrong way. Photo 2 details a view if I were held at a red traffic light signal - in fact, I would be further over to the right hand side as I was unable to use this position with traffic present. The angle to view the additional signage on Kempe Road is far too tight to even see as it is effectively side on and not angled in for the benefit of traffic traveling north. Photo 3 is a further demonstration of the tighter angle as I would have been driving North on the southbound carriageway once the lights allowed me to proceed. https://www.gov.uk/guidance/the-highway-code/traffic-signs The www.gov link details the signage that should be present for signs giving orders such as a no right turn - a roundel with a red outer and and a right turn struck through diagonally at 45 degrees. There was no such sign on Chamberlayne Road on the approach to Kempe Road to warn motorists of the restriction. Additionally the signage at the mouth of the junction is such that the angle it is mounted at prevents oncoming traffic from seeing it and this is compounded as I was effectively driving on the wrong side of the road. The only no right turn sign was on the large, black rectangular sign near the warning triangles but this was facing the wrong direction. Traffic in the area was extremely bad and looking back on social media to try and recall why I was even there I remembered that the junction of Salusbury Road and Harvist Road was having electrical works done and the place was gridlocked. Chamberlayne Road is also a major bus route with the 6, 28, 52, 187, 302 and 452 all travelling North on Chamberlayne Road - these have frequently been stacked up at the lights at the roadworks and being stuck behind a bus limits one's vision of signage (if it were there). Taking all the above into account I hope that Brent Local Authority will see that the signage at the location was insufficient and that the prevailing traffic conditions caused by the roadworks were such that the PCN should be cancelled. I have additional photographs of the area should you wish to view. Many thanks, James.

Uploaded Evidence:

20 limit - further out in road.jpg
View if held at red light.jpg
View moving north on south carraigeway .jpg

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I thought I'd attached the PCN pictures as well as the link.  I will add the NoR ones.

Do the original PCN ones appear or is a case you need them unlocked for a more detailed view.

James.

It is quite clear that the signage is the issue here. If the advance sign is missing you need a photo to show this absence. Even if it were there, by being forced to travel in the opposite lane means it is likely you would have missed it anyway

I just looked at the video, and the sign on the right is twisted round so you wouldn't be able to read it, but the other sign looks OK.

My opinion is that you have a strong case to take to London Tribunals.  OK, you'll have to risk the full PCN penalty but they seem not to have taken the road works situation into account in any way at all. Of course, as we all know on this forum, they only want your money.

It's now more correspondence and a day off work when Brent should have just cancelled it. But as we know many people just pay up.

It shouldn't take a day off work as the tribunal does telephone hearings and they have slots from 8 am to 7:30 pm, and they even hear cases on Saturday mornings.

You also have to decide whether you want to be represented or whether you want to represent yourself, either option is open to you.

What you must not do is request a decision on the papers, as that risks ending in disaster.

Please accept mrmustard's offer:  The second Musketeer! 

and 2230415378

Mr Dishman on behalf of the Appellant takes a number of points one of which is that the sign relied onto indicate the prohibition shows an exemption for loading by (the symbol for) goods vehicles. He is correct to point out that in fact the exemption in the relevant Traffic Management Oder applies, in terms, to loading by any vehicle. If the Council decides to set out an exemption on the sign it must correctly reflect the true position as set out in the TMO. As the sign in the present case fails to do so it is non-complaint in that it is not supported by a Traffic Management Order and the Appeal must be allowed.

In the circumstances I do not find it necessary to come to a view on the other issues raised.

Excellent stuff.