Free Traffic Legal Advice

Hi all,

Got this through the post today, details are as follows:

1) was on Rochester high street and we saw a small antique desk in a shop, which we purchased
2) the high street is pedestrianised during the day on a Saturday and the shop advised we could drive down after 16:00 to collect it
3) about 16:20 the driver turned into the top of the high street where there is a no mechanically propelled vehicle sign with a plate with the time/date restrictions on it.
4) a short distance down the road we encountered an actual No Entry sign prohibiting driving down the high street any further that we weren't aware of - the driver u-turned the vehicle and exited back out onto the main road
5) we then drove around the houses due to various no right/left turn signs to find out where we could legally turn down the section of the high street we wanted - desk collected, drove home.

It's at step (3) above we have the PCN for, where we drove into the top of the high street, then found out you simply can't drive the length of it and had to enter halfway down if you wanted that section of the high street, and turned around. We took the first No Vehicles sign (the one we have the PCN for) to mean the restriction only applied Saturdays 10:00-16:00, which matched the advice of the shop.

Any thoughts please? My immediate reaction is we didn't breach anything because it was after 16:00!

Thanks for your help!

GSV link of turning with sign from the alleged offence -
GSV link of the place where the No Entry sign is - note GSV is out of date and this conditional No Vehicles sign is just a simple No Entry now -

Pics of everything:

GSV link, please.

GSV link of turning with sign from the alleged offence -
GSV link of the place where the No Entry sign is - note GSV is out of date and this conditional No Entry sign is just a simple No Entry now -

I've also updated my original post thanks

IMO, it is NOT a 'No Entry' sign, therefore the alleged contravention and the signage are at odds.

The sign is to diagram 617 which 'prohibits all vehicles'. See Items 10 and 11 in the Part 2 sign table of Schedule 3 to the regs: https://www.legislation.gov.uk/uksi/2016/362/schedule/3


As per the Traffic Signs Manual, the sign in situ is used where 'the prohibition applies to the whole of the road in both directions'. It should NOT be used to 'indicate one-way traffic flow'

But it is!

IMO,
The alleged contravention did not occur because the prescribed signs were not in place;
The signs in place may not be used to indicate one-way traffic flow anyway. So they're not only wrong as regards the alleged contravention, they're wrong in terms of the requirements of the Traffic Signs etc. Regs because traffic is not prohibited in both directions, only one.

I think my original description muddied the waters a bit and I've updated it, however just to make sure I'm understanding you - the PCN says we didn't comply with a No Entry restriction, however the sign if a No Vehicles restriction, therefore they've put the wrong contravention on it? Is that correct?

Does the fact it was after 16:00 anyway mean there should never have been a PCN?

Quote from: darreninthenet on Today at 05:46:15 pm

Does the fact it was after 16:00 anyway mean there should never have been a PCN?

No, because the restriction applies at all times except Saturday 10 - 4. But I had to read it 3 times to understand that; and I'm not driving!

It's a strange one because all the shops say you can drive down there any time that isn't Saturday 10-4...! I'm going to go back in a few days and check the signs around it because it's not wholly clear.

..this crossed with others...

I think you misunderstand the associated plate meaning.

See the TSM https://assets.publishing.service.gov.uk/media/5c78f895e5274a0ebfec719b/traffic-signs-manual-chapter-03.pdf

Putting aside the fact that the sign shouldn't be used, its associated plate means(confusingly IMO) that the prohibition is 24/7 except for those Sat hours. Your 'contravention' didn't occur on a Saturday.

It was Saturday 11th July

With respect, it's not a PZ sign, that's of a different form:

https://assets.publishing.service.gov.uk/media/5c78f895e5274a0ebfec719b/traffic-signs-manual-chapter-03.pdf

Section 6.

With respect, it's not a PZ sign, that's of a different form:

Yes - I thought it was another Medway location.

So the contravention should be:

Code 52: Failing to comply with a prohibition on certain types of vehicle etc.