Author Topic: PCN Camden - using a route restricted to certain vehicles local buses and cycles only  (Read 3012 times)

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Hi all,

re: PCN Camden - using a route restricted to certain vehicles local buses and cycles only


We received a PCN from Camden Council a couple of days ago, relating to a recent visit to the UCH Macmillan Cancer Centre, just behind Tottenham Court Road. We were there to collect my son, who is currently undergoing treatment.

This is a leased vehicle, and I was informed by the leasing company around two weeks ago that they had passed my details on to Camden Council.

My wife was driving at the time of the alleged offence.

Navigating around the Tottenham Court Road area by car is extremely challenging, but due to my son's current mobility issues, we sometimes have no option but to drive. The confusing road layout and unclear signage often make it difficult to avoid contraventions until it’s too late.

Does anyone know if there are any grounds for appeal in this case?



« Last Edit: June 09, 2025, 10:41:45 am by bigred247 »

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« Last Edit: June 09, 2025, 10:46:40 am by bigred247 »


@stamfordman
Thanks for sharing the links. I'll take a look.

I have drafted an appeal but would greatly appreciate any feedback. I read the notes in the links @stamfordman posted on recent/pending cases.

Quote
I formally challenge the above Penalty Charge Notice (PCN) on the grounds that the alleged contravention did not occur, due to inadequate and non-compliant signage at the location. My case mirrors the recent adjudication decision in Khan v. Camden (Case 2240583109, 25 March 2025), where the tribunal ruled identical signage at this junction unlawful.

Grounds for Challenge:

1. The restricted route sign is placed too late for drivers to safely comply, as confirmed by adjudicator Sean Stanton-Dunne in Khan. The sign is positioned after the junction with Howland Street, adjacent to a pedestrian crossing, not clearly visible to road users approaching the restriction and fails to give adequate advance warning.

Camden’s footage omits the critical blue directional arrow at the junction, which misleads drivers into believing the route is accessible. This further undermines the enforceability of the PCN.

2. Binding Precedent (Khan v. Camden). The tribunal’s decision in Khan is directly applicable:

- Identical location (Tottenham Court Road/Howland Street).
- Identical contravention ("using a route restricted to buses/cycles").
- Identical signage defect (single sign placed post-junction).

Camden’s continued enforcement despite this ruling demonstrates a systemic failure to rectify non-compliant signage.

3. The council’s evidence does not show the full context of the junction (e.g., missing the blue arrow sign), preventing a fair assessment of driver visibility.

Given the tribunal’s clear precedent and Camden’s failure to address known signage defects, I request the immediate cancellation of PCN CU70801006 and recommend that Camden council rectify signage at this location to comply with TSRGD.

Should you reject this representation, I reserve the right to appeal to the Tribunal, citing Khan and the council’s evidentiary omissions.
« Last Edit: June 10, 2025, 04:13:14 pm by bigred247 »

This isn't right. There is nothing unlawful or a precedent - appeals are allowed/refused depending on each case, although there are a few high frequency places where adjudicators tend to agree and cite each other.

Do reps starting with the particular of your case, including where you were going/from and why as that's good mitigation, and according to the video it looks to me you were sandwiched between two large vehicles and the sign could well have been hidden.

Then note the allowed case.

Keep it polite and non-confrontational.

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Thank you for the feedback. I'll draft an updated version shortly.

@stamfordman any thoughts on this updated version?

Quote
Formal Representation: PCN CU70801006
Vehicle: VO23UCC | Date: 06/05/2025

Dear Camden Council,

I respectfully request cancellation of the above PCN, as the alleged contravention resulted from inadequate signage and exceptional personal circumstances.

1. Context of the Journey
On 06/05/2025, my wife was driving our leased vehicle to collect our son from the UCH Macmillan Cancer Centre. Due to his cancer treatment and limited mobility, driving was essential. The complex road layout and obscured signage in this area made compliance unintentionally difficult.

2. Visibility Issues with Signage
The council’s footage shows:

  - The restricted route sign is placed after the junction with Howland Street (adjacent to a pedestrian crossing), consistent with the adjudicator’s findings in Khan v. Camden (Case 2240583109).

  - At the time, our vehicle was surrounded by larger vehicles, likely obscuring the sign.
  - The blue directional arrow at the traffic lights (not included in the council's evidence) indicates a left turn only, while the straight-ahead route appears accessible. As noted in Khan, this creates confusion because:

        > The arrow implies all traffic must turn left, when in fact the straight-ahead restriction is time-limited
        > Drivers continuing straight (as my wife did) receive no clear advance warning of the bus/cycle restriction
        > The actual restriction sign appears too late to react safely

3. Adjudicator’s Findings in Khan v. Camden
In the nearly identical case Khan v. Camden (25 March 2025, Case 2240583109), Adjudicator Sean Stanton-Dunne allowed the appeal, stating:

"The motorist travelling along Tottenham Court Road will not see the restricted route sign until it is too late to safely avoid using the route. The motorist will, of course, see the blue sign at the traffic lights with the directional arrow directing traffic to turn to the left but the PCN was not issued for the alleged contravention of failing to drive in the direction shown by the arrow on a blue sign. The blue sign directional arrow is also misleading as the restricted route beyond the lights can be used outside of controlled hours."

The adjudicator explicitly noted:

 - The sign’s placement violates requirements for advance warning.
 - The blue arrow creates confusion, as it does not align with the restricted route’s enforcement.

4. Request for Discretion
Given the identical signage defects confirmed in Khan; My son’s medical needs necessitating the journey; and The council’s footage failing to show critical signage context, I kindly ask for cancellation of this PCN. I also urge Camden to review this junction’s signage to prevent further confusion.
« Last Edit: June 11, 2025, 07:06:45 pm by bigred247 »

Case Details
Case reference   2250121019
Appellant   Michael Curland
Authority   London Borough of Camden
VRM   EN06SZZ
PCN Details
PCN   CU69874024
Contravention date   03 Feb 2025
Contravention time   10:07:00
Contravention location   Tottenham Court Road by Junction with Howland Street
Penalty amount   GBP 130.00
Contravention   Using a route restricted to certain vehicles
Referral date   -
Decision Date   11 Jun 2025
Adjudicator   Sean Stanton-Dunne
Appeal decision   Appeal allowed
Direction   
cancel the Penalty Charge Notice and the Notice to Owner.

Reasons   
Mr Curland was scheduled for a personal hearing by video link on 21 May 2025 but he did not attend and the appeal therefore proceeded in his absence. Mrs Fee Cummins attended for the Council by video link.

This PCN was issued for the alleged contravention of using a route restricted to buses and cycles in Tottenham Court Road.

On the basis of the evidence presented on 21 May, I agreed with Mr Curland that the signage in Tottenham Court Road was not adequate for the restricted route.

The footage and images show a single restricted route sign in Tottenham Court Road. The sign is attached to a post on the left-hand side of the road. It is placed after the junction with Howland Street and next to a pedestrian crossing area.

In my judgement, the motorist travelling along Tottenham Court Road will not see the restricted route sign with its controlled hours until it is too late to safely avoid using the route. There is a blue sign at the traffic lights with a directional arrow directing traffic to turn to the left but the PCN was not issued for the alleged contravention of failing to drive in the direction shown by the arrow on a blue sign. The blue sign directional arrow is also misleading as the restricted route beyond the lights can be used outside of controlled hours.

I did, however, adjourn the hearing on 21 May because Mrs Cummins said that the Council had evidence of advance warning signs of the restricted route. I decided to give the Council the opportunity to produce photographic evidence of the signage which Mrs Cummins said was in place.

No further evidence has been received from the Council but London Tribunals has now received from the Council a notice stating that the appeal is no longer contested.


I allow the appeal for the reasons set out in the adjournment correspondence of 21 May.
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@stamfordman thanks for the new case details.
I have updated the template to reference the latest case.

Quote
Formal Representation: PCN CU70801006
Vehicle: VO23UCC | Date: 06/05/2025

Dear Camden Council,

I respectfully request cancellation of the above PCN on the basis of inadequate signage and exceptional personal circumstances.

1. Purpose of Journey
On 06/05/2025, my wife was driving our leased vehicle to collect our son from the UCH Macmillan Cancer Centre. He is undergoing cancer treatment and has significantly limited mobility. Driving was essential for this journey.

2. Signage and Visibility Issues
The alleged contravention occurred on Tottenham Court Road by the junction with Howland Street. The signage at this location is demonstrably inadequate:

- The restricted route sign is positioned after the Howland Street junction and adjacent to a pedestrian crossing, not giving sufficient advance warning.
- Our vehicle was surrounded by larger vehicles, which likely obscured the restricted route sign.
- The blue directional arrow at the traffic lights suggests a left turn is mandatory, when in fact the straight-ahead restriction is time-limited. This is misleading, as noted in multiple appeal cases.

3. Adjudicator Findings in Two Identical Cases
Khan v. Camden (Case 2240583109, decided 25 March 2025)
Adjudicator Sean Stanton-Dunne allowed the appeal, stating:

"The motorist traveling along Tottenham Court Road will not see the restricted route sign until it is too late to safely avoid using the route... The blue sign directional arrow is also misleading..."

He concluded that the sign’s placement and lack of advance warning rendered the restriction unenforceable.

Michael Curland v. Camden (Case 2250121019, decided 11 June 2025)
In another appeal involving the exact same location, the same adjudicator again ruled that the signage was inadequate. He adjourned the hearing to give Camden a chance to supply evidence of advance signage. When Camden failed to do so, they withdrew and did not contest the appeal. The appeal was allowed.

This strongly reinforces that the signage remains non-compliant and has repeatedly failed scrutiny.

4. Request for Discretion and Action
In light of:

- The consistent adjudicator findings in both Khan and Curland,
- The misleading and obscured signage,
- The medical necessity of this journey,

I respectfully request cancellation of this PCN and urge Camden Council to address the signage at this location to prevent further penalisation of well-meaning drivers.

Be aware from that case that Camden may have improved the signage (with something in advance) but I can't see it makes a significant difference to what is there just beyond the junction now.

When looking at tribunal cases you are mostly looking at alleged contraventions that took place often months ago.
« Last Edit: June 12, 2025, 04:55:38 pm by stamfordman »
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Hi folks,
I receieved a NOR but have missed the 14 day discount to make an appeal. I don't see much in the NOR to lend further support for Camden's case. Any opinions and advice concerning this?

















« Last Edit: July 16, 2025, 09:43:12 pm by bigred247 »

I took some more pictures at the location a few weeks back. You can see the sign but only very late due to the traffic lights before the junction. The sign surely should be posted before you reach the junction. There must be many motorists that have been caught out by this.


















« Last Edit: July 16, 2025, 09:57:01 pm by bigred247 »

We've seen this location before, and the OP was successful on the grounds of inadequate signage, but it may have been enhanced since then. 

The traffic lights are a sign just like all other signs, and here are wrong, because the permanently displayed Left Turn arrow is a mandatory instruction, yet the Buses Only sign beyond it is day and time restricted, so the signage here is a complete mess, frankly. There should be an advance sign with a geographic map of the junction showing the restriction ahead and its applicabble days and times, and the traffic lights should be changed to reflect the Buses Only days and times.

Of course if you decide to register an appeal at London Tribunals, it will be with the full PCN penalty in play, so clearly it is your decision and a win is not guranteed the same as in any other court of law, but I'd say your case is reasonably strong.  You could try searching the London Tribunals Statutory Register for the location on the PCN to see if there are any previous cases here and what the result was.
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@Incandescent
I've missed the 14 day discount period as I've been back and forth to hospital for my sons treatment. So at this point I don't think there is any thing to lose?

Thank you for your advice about checking the register (i didn't know even know it existed and that it was publicly available). As a result, I managed to find a 3rd case where the appeal was allowed by the same adjudicator in similar circumstances. I have posted brief details below:


Quote
Case reference 2250057339
Oded Kanzen v London Borough of Camden

Adjudicator Sean Stanton-Dunne

“In my judgement, the motorist travelling along Tottenham Court Road will not see the restricted route sign with its controlled hours until it is too late to safely avoid using the route. There is a blue sign at the traffic lights with a directional arrow directing traffic to turn to the left but the PCN was not issued for the alleged contravention of failing to drive in the direction shown by the arrow on a blue sign. The blue sign directional arrow is also misleading as the restricted route beyond the lights can be used outside of controlled hours.”


So I now have 3 supporting cases which i can mention in my appeal.

Michael Curland v. Camden (Case 2250121019, decided 11 June 2025)
Khan v. Camden (Case 2240583109, decided 25 March 2025)
Oded Kanzen v Camden (Case 2250057339, decided 08 Apr 2025)



Any thoughts?
« Last Edit: July 17, 2025, 05:21:59 pm by bigred247 »