Free Traffic Legal Advice

Hello!

I got caught in a Low Traffic Neighbourhood filter on the junction of Roupell Road and the South Circular (Lambeth Borough in London). It was my first time in a LTN and the car's navigation took me straight through it and I had a momentary lapse of concentration as a result.

I am not sure what appeal points I have, but here goes:

1) In the previous Pepipoo forum I had received advice from one seasoned user (I can't remember the full username, I think he had "redux" in his username) that as this is a GLA side road with double red lines, the Council should have evidence of approval from TfL to enforce fines. He included a reference of a previous case which had been successfully appealed on this basis as the Council couldn't provide evidence, but now I can't access that any longer with Pepipoo being down. Can someone please provide the previous case reference again if they are familiar with it?

2) The flowerbed filter is encroaching on to the double red lines. Is this allowed? I might be clutching at straws here

3) I don't think the advance warning sign (on the junction with Roupell Road and upper tulse hill road) is well positioned, visibility is partially blocked by tree branches as you turn on to the road and I don't recall seeing it as I drove past.

Attached are:
Google Street View location (please note the filter was introduced after this image was taken. You can see the filters if you search the location on Apple Maps):

First page of the PCN: (just realised on the sticky notes you need the car reg, so here it is: AJ21 NSZ)
Second page of the PCN:
Council image 1:
Council image 2:

Images I took:
Flowerbed on red lines: https://ibb.co/GRrdNM0
Warning sign from the front: https://ibb.co/RSGxQyJ
warning sign from the side 1: https://ibb.co/BLJP0jM
Warning sign from the side 2: https://ibb.co/rd9wn2F
warning sign from the back: https://ibb.co/r3FNY2V

I appreciate this CP! I don't have an expert eye for traffic orders, but from what you've shared from Lambeth it seems to be in good order...

oh wow I'm very surprised by that mrmustard, I thought the "14 days beginning with the date of service of this notice" was the correct phraseology, a lot of councils seem to use this so I didn't even think of questioning it (although I did see a separate one online from another user in Newham, London that says "14 days beginning with the date of this notice").
I did a google search but can't find any regulation or guideline outlining the correct phraseology that should be used, is this hidden in one of the Acts?

Also remember this is a GLA side road so the Council must have agreement with TfL to enforce:-



Mike

I don't think the TFL consent argument is viable here, but Mr Mustard has identified a virtually bomb-proof ground anyway, so it hardly matters.

oh wow I'm very surprised by that mrmustard, I thought the "14 days beginning with the date of service of this notice" was the correct phraseology, a lot of councils seem to use this so I didn't even think of questioning it (although I did see a separate one online from another user in Newham, London that says "14 days beginning with the date of this notice").
I did a google search but can't find any regulation or guideline outlining the correct phraseology that should be used, is this hidden in one of the Acts?

There is a lot of separate legislation that gives power to issue PCNs to councils and Transport for London. Some defines the pay/appeal periods as from date of service and some from date of the PCN. Yes, it's a total mess, but as Mr Mustard says, if the council fail to read the relevant legislation and associated regulations, and get it wrong on the PCN, they can lose at adjudication

Hello, just adding this additional note from Lambeth after I pointed out the discrepancy in the discounted period from “date of notice” vs “date of service of the notice”


Thank you CP for the offer, I’ve sent the email!

Outcome.