Author Topic: Newham, 52m failing to comply with vehicle prohibition, Royal Albert Way E16 / Gallions Roundabout E16  (Read 142 times)

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Smhn100

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I have been driving through this road for the last 5 years without any problems but recently I received 3 PCNs regarding the same offence in one week: for failing to comply to motor vehicle prohibition.

However I think it's unfair as it's not clear at all when these restrictions are applied. I checked London Tribunal past cases which showed many had appealed and won, and I also saw this post which I took inspiration from:

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/pcn-newham-london-52m-prohibition-royal-albert-way-e16/

Here is the PCN (there are two others that are the exact same, just a day's apart):



I then appealed back to the council with the below but got rejected for all 3. I'm now wondering if I should take it to London Tribunal or just accept the decision. Accepting it will cost me £195, taking it to Tribunal and losing would cost me £390...What do you guys think?

I am writing to formally appeal this PCN on the grounds that the alleged contraventions did not occur due to inadequate and non-compliant warning signage of the restriction, poor visibility and poor placement of the motor restriction signage around the exit. I have been fined three times at this location within a week, and I believe all three PCNs should be cancelled for the reasons outlined below.

On the night I was penalised, I was driving through the Gallions Roundabout. As I approached the roundabout, I saw a diagrammatic sign which showed an enforcement camera which I interpreted as a speed enforcement camera rather than a vehicle restriction. The diagram is of a roundabout that is large and has multiple exits, and so it fails to clearly indicate that a certain exit is prohibited. It also does not specify the name of the exit which adds further confusion. Hence when I saw this sign, I did not think it was warning me of a vehicle restriction but rather of speed enforcement.

After this sign, I saw a small separate sign stating, “Royal Albert Way closed when signs are displayed.” I did not think this sign was linked to the enforcement camera diagram as they are two separate signs that were spaced out, which created further ambiguity. It also did not specify the times when the road is closed (e.g., after midnight), which is particularly problematic for drivers like me who have used this exit multiple times over the last 5 years without encountering the motor prohibition signal and are unaware of when it applies. It also did not specify what sign will be displayed.

As I drove around the roundabout, I was focused on navigating safely, especially as the roundabout is not very well lit which makes the visibility poor. It should also be noted that this roundabout is large and has multiple exits, and with cars behind me I was more concerned with safely maneuvering the dimly lit roundabout and therefore did not see the motor restriction sign at the exit.

I later returned to the location during daylight to review the signages at the location and found it to be inadequate and misleading:

- I believe the council has failed to meet its obligations under the Traffic Signs Regulations and General Directions (TSRGD) 2016 and general principles of fairness. While TSRGD does not explicitly require advance warning signs, it does require that any signage used must clearly convey the restriction to drivers. The advance warning signs (e.g., "Traffic camera enforcement") are vague and do not specify the nature of the restriction (e.g., "No motor vehicles"), making it very easy to assume the cameras are enforcing speed limits or other regulations. At the same time, it also does not specify restriction times, which would help a driver realise the enforcement camera is related to a restriction. The disjointed signage also adds further to the ambiguity.

- A more effective solution would be to have one traffic sign, clearly specifying that the enforcement camera applies to the Royal Albert Way exit and that this exit is closed during specific times. This would prepare drivers appropriately before they enter the roundabout. I have attached an example of a traffic sign, found in Newham, that demonstrates this which should be adopted.

- Additionally, the placement of the actual motor restriction signage further exacerbates the problem. There is one last traffic light before the specific exit where I was penalised. As shown in the picture, even if a driver was to stop at the traffic light, the motor restriction sign is too far away to be seen clearly. This picture was taken in daylight, but visibility is significantly worse at night given the roundabout is dimly lit.

- Furthermore, the restriction sign is placed on a bend as drivers exit the roundabout, making it difficult to see and react in time. By the time drivers notice the sign, they are already committed to the turn and cannot safely take evasive action. The restricted road is also a dual carriageway, leaving drivers with no safe way to avoid the restriction once they have exited the roundabout.

In light of the above, I believe the inadequate and misleading warning signage, combined with the poor placement of the restriction sign and the poor visibility around the exit, means that the alleged contraventions did not occur as stated. I respectfully request that all three PCNs be cancelled, and that better signage to be installed at this location to help other drivers.


The pictures I sent to support my appeal:
1) The warning sign at the roundabout


2) The view from the last traffic light before the exit


3) The approach to the exit


4) The type of sign I think they should use to make it more clear


I plan to use the same points at London Tribunal but keen to get your thoughts if it's worth the expensive risk.
« Last Edit: March 10, 2025, 12:58:02 am by Smhn100 »

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Smhn100

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Please click on each Imgur link to see full rejection letter of each PCN

This is the rejection letter for one of the PCNs:
https://imgur.com/gP9kplL

https://imgur.com/B5UKmow

This the rejection letter for the other PCN:
https://imgur.com/swi3bkP

https://imgur.com/a/ZMe6OgS

https://imgur.com/a/l8qyG6k

This the rejection letter for the 3rd PCN:
https://imgur.com/Zxps2B2

https://imgur.com/a/ZMe6OgS

https://imgur.com/a/F2kOJWL
« Last Edit: March 10, 2025, 01:18:07 am by Smhn100 »

Smhn100

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« Last Edit: March 10, 2025, 01:18:45 am by Smhn100 »

Incandescent

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Better if you just send us a GSV link to the location. We can then look around ourselves.

There is a successful appeal here under, (I think Carl Teper), that hinges on the fact that the sign doesn't match the TRO that establishes the restriction. The restriction is timed, but there is no information on times on any of the signs. Of course, Newham love the money rolling in so won't do anything at all to make the restriction clearer, and there is no way of forcing them to, unfortunately.

It's a pity you didn't come on this forum before submitting your reps because you could have also claimed excessive and disproportionate penalty, because you only became aware of the contravention on receipt of first PCN, some time after, but two more PCNs had been issued between the two dates.

stamfordman

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There are a lot of allowed appeals here but also some adjudicators who have refused appeals. Have a look at the decisions on the London Tribunals site.

Also don't assume all is the same as with previous cases.


Smhn100

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Better if you just send us a GSV link to the location. We can then look around ourselves.

There is a successful appeal here under, (I think Carl Teper), that hinges on the fact that the sign doesn't match the TRO that establishes the restriction. The restriction is timed, but there is no information on times on any of the signs. Of course, Newham love the money rolling in so won't do anything at all to make the restriction clearer, and there is no way of forcing them to, unfortunately.

It's a pity you didn't come on this forum before submitting your reps because you could have also claimed excessive and disproportionate penalty, because you only became aware of the contravention on receipt of first PCN, some time after, but two more PCNs had been issued between the two dates.

Here is the GSV link: https://maps.app.goo.gl/KaXPifTTRTvSfeQx8

Yep I've mentioned no time mentioned under restriction to which they basically said that they don't need to. They mentioned in their rejection that restriction is between 10pm to 3am which i think is also false because I drive at 10 or 11pm nearly everyday to the gym but there is no restriction sign then. It tends to switch on after midnight.

Ah oh no is there no way to mention excessive and disproportionate penalty now? I did tick the options below when appealing but didn't really go into detail on the excessive charge in my reasoning:

"The ground on which I wish to make a representation are:
- There was no contravention of an order or failure to comply with an indication on a sign
- The penalty charge exceeded the amount applicable in the circumstances of the case "


One of the rejection letters said: "A PCN may be issued each time the restriction is breached, failure to observe adequately placed signage does not justify the cancellation of a PCN"
« Last Edit: March 10, 2025, 03:47:22 pm by Smhn100 »

Smhn100

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There are a lot of allowed appeals here but also some adjudicators who have refused appeals. Have a look at the decisions on the London Tribunals site.

Also don't assume all is the same as with previous cases.



Thanks, I read through quite a few of them and used their points to construct my appeal above. Do you think I should use that at Tribunal also or can it be improved?

Hippocrates

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Last time I looked their website contains a wrong ground of appeal?  Please check and screenshot.
How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

URGENT!

PLEASE SIGN MY PETITION TO EQUATE MOVING TRAFFIC LAW WITH BUS LANE LAW SO LONDON COUNCILS MUST ATTEND HEARINGS WHEN REQUIRED BY THE APPELLANT. 

https://petition.parliament.uk/petitions/701491

https://www.ftla.uk/the-flame-pit/petition-to-align-the-llaa-2003-to-the-llaa-1996-(right-to-x-council-witnesses)/msg56899/#msg56899

Smhn100

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Last time I looked their website contains a wrong ground of appeal?  Please check and screenshot.

Do you mean find an appeal that was rejected?

Smhn100

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Incandescent

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Hi any help?
You should concentrate on the signage not reflecting the Traffic Regulation Order that establishes the restriction. The sign only comes on when the restriction applies, not at other times, so there is no means of finding out when the restriction applies. Signage should be there that tells you the nature of the restriction. The main problem is that the council are unlikely to give way, so you'd need to take them to London Tribunals.

We haven't seen this location come up for a while on the forum so I suggest you look for successful appeals on the London Tribunals statutory register. Search for successful appeals from 1st Jan 2024. Unfortunately GSV is not sufficiently up-to-date for us to give advice on signage that is there at the moment. There may be additional warning signs we don't know about.

Another aspect is that of Hippocrates pointing out that their web pages for submitting reps may be flawed, but he's best for telling you what this is.

Whatever you do, don't miss the deadline for submitting reps.

Smhn100

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Hi any help?
You should concentrate on the signage not reflecting the Traffic Regulation Order that establishes the restriction. The sign only comes on when the restriction applies, not at other times, so there is no means of finding out when the restriction applies. Signage should be there that tells you the nature of the restriction. The main problem is that the council are unlikely to give way, so you'd need to take them to London Tribunals.

We haven't seen this location come up for a while on the forum so I suggest you look for successful appeals on the London Tribunals statutory register. Search for successful appeals from 1st Jan 2024. Unfortunately GSV is not sufficiently up-to-date for us to give advice on signage that is there at the moment. There may be additional warning signs we don't know about.

Another aspect is that of Hippocrates pointing out that their web pages for submitting reps may be flawed, but he's best for telling you what this is.

Whatever you do, don't miss the deadline for submitting reps.

Apologies I'm going to sound really stupid here but what do you mean by submitting reps? And that it may be flawed? Apologies it's my first time appealing.

@Hippocrates could you shed more light on it please

Incandescent

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Sorry, I must have been asleep !
Yes, you have already submitted representations (reps) and been rejected so the next move is you either pay or you take them to London Tribunals. 

Have they re-offered the discount ? If not then it is a total no-brainer to take them to London Tribunals. If they have, then you have to decide whether you want to take the double-or-quits gamble of going to London Tribunals.  If it were me I'd take them there because I see no advance warning signs that there is an entry restriction onto Royal Albert Way. All they seem to have erected are signs that CCTV enforcement is in place. Well, what would anyone think seeing that ?  They would surely think it is to check for speeding

Then there is the aspect of the signs giving directions. There is not a hint on any of them that access to Royal Albert Way is not 24x7.
https://maps.app.goo.gl/zHJE9wUXYooB32489
and
https://maps.app.goo.gl/VKdi7qydBruG9ZvW9
and
https://maps.app.goo.gl/34zdshKMd4MNKKxi7

The regulation that councils must follow is contained in Regulation 18 of the The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 : -
https://www.legislation.gov.uk/uksi/1996/2489/regulation/18
As far as I am concerned, they have totally failed to adhere to this regulation.

It's some time since I looked at this location, but there have been some successful appeals here. It is your decision though.
Here are cases very relevant to your case
2230492197
2230497838
2230530922
2230539610
There are more.

People in that council should be in jail for this sort of thing.
« Last Edit: March 12, 2025, 12:47:13 am by Incandescent »

Smhn100

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Sorry, I must have been asleep !
Yes, you have already submitted representations (reps) and been rejected so the next move is you either pay or you take them to London Tribunals. 

Have they re-offered the discount ? If not then it is a total no-brainer to take them to London Tribunals. If they have, then you have to decide whether you want to take the double-or-quits gamble of going to London Tribunals.  If it were me I'd take them there because I see no advance warning signs that there is an entry restriction onto Royal Albert Way. All they seem to have erected are signs that CCTV enforcement is in place. Well, what would anyone think seeing that ?  They would surely think it is to check for speeding

Then there is the aspect of the signs giving directions. There is not a hint on any of them that access to Royal Albert Way is not 24x7.
https://maps.app.goo.gl/zHJE9wUXYooB32489
and
https://maps.app.goo.gl/VKdi7qydBruG9ZvW9
and
https://maps.app.goo.gl/34zdshKMd4MNKKxi7

The regulation that councils must follow is contained in Regulation 18 of the The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 : -
https://www.legislation.gov.uk/uksi/1996/2489/regulation/18
As far as I am concerned, they have totally failed to adhere to this regulation.

It's some time since I looked at this location, but there have been some successful appeals here. It is your decision though.
Here are cases very relevant to your case
2230492197
2230497838
2230530922
2230539610
There are more.

People in that council should be in jail for this sort of thing.

Thank you for your response. I am edging towards taking it to Tribunal as many of these cases mention similar reasons to mine and have been successful. Since the beginning of the year, 57% of the cases were successful which gives me some hope. The only one thing that's making me 2nd guess is one of the warning signs at the entry of the roundabout. The first one - yes it does not mention motor prohibition which works in my favour: https://maps.app.goo.gl/svQRBov9JGmKY9wa8

However what about the small yellow sign after it: https://maps.app.goo.gl/EGM72eZcisSzMGEe7

It's difficult to see but if you zoom in, it says "Royal Albert closed when signs are displayed". Could this cause an issue? In my reasoning, I mentioned having it as a separate sign could cause confusion - driver may not know if this is related to the camera enforcement yellow sign just before it. Could the Council use this against me?

Incandescent

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What a stupid sign, being neither a traffic sign, nor placed where a motorist would be expected to read it at the entrance to a busy roundabout.

Basically the signage here is a complete joke. They only get away with it because so many people just cough up and also adjudications against them don't stop them carrying on collecting the cash. Only if this gets into the national press is anything likely to be done properly.