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Having looked at the GSV view, I think your friend has a very good case for PCN cancellation based on the totally inadequate signage.

However, as this is the last day for the discount, and it's now 23.04, has he folded and coughed-up ? If he hasn't then he needs to submit representations that state that on approach to turn righ into the restricted street, the single restriction sign is end on, and therefore virtually invisible to an approaching driver. There is no advance warning whatsoever, therefore the council have failed in their duty in Regulation 18 of the LATOR regulation, namely to place adequate warning of a restriction on traffic movements.

https://www.legislation.gov.uk/uksi/1996/2489/contents

Please also post the PCN, all sides, with only name and address redacted.

I think the GSV view is sufficient, but up-to-date photos might reinforce the representations, so why not put them in. It doesn't matter what you say, they will reject it anyway, because all they are interested in is the money. The only place the signage issue will be considered is at London Tribunals.

I think the GSV view is sufficient, but up-to-date photos might reinforce the representations, so why not put them in. It doesn't matter what you say, they will reject it anyway, because all they are interested in is the money. The only place the signage issue will be considered is at London Tribunals.

Yeah Ive already taking Brent council to tribunal for a YBJ and won.

I don't think my friend will take it all the way to tribunal but I have helped him as much as he would allow me too. Thanks for your replies.

2240403896 cf: 2240196951


https://emea01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdrive.google.com%2Ffile%2Fd%2F1kUnpR6AeimZ0uSMUcxhmIiK5j9eSHnka%2Fview&data=05%7C02%7C%7C0f0ab6c23e4f4d6bcb5a08dce7724b79%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C638639727163877633%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=31egD2EwqvRoHA9l%2FMg88MGmlmiNHUjD1avKrSgcGF8%3D&reserved=0

5. Mr Murray-Smith also submitted a collateral challenge on behalf of the
Appellant, upon which I comment notwithstanding that my Decision is
founded on an evidential basis, since I note that the issue raised had been
drawn to this Enforcement Authority's attention by Adjudicator Carl Teper in
Case No 2240196951 Decided on 29th July 2024. I concur with Mr Teper's
finding; the Enforcement Authority is on notice as to the situation.

*****

ETA Register of Appeals
Register kept under Regulation 20 of the Road Traffic (Parking Adjudicators) (London) Regulations 1993, as amended and Regulation 17 of the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022.
Case Details
Case reference 2240196951
Appellant Muhammadmaisam Datoo
Authority London Borough of Brent
VRM AK16 HSV
PCN Details
PCN BT21161252
Contravention date 26 Jan 2024
Contravention time 14:08:00
Contravention location Perrin Road J/W Watford Road
Penalty amount N/A
Contravention Fail comply restriction vehicles entering ped zone
Referral date -
Decision Date 29 Jul 2024
Adjudicator Carl Teper
Appeal decision Appeal allowed
Direction
cancel the Penalty Charge Notice.

Reasons
Mr Murray-Smith appears for the Appellant, the Authority is not represented.

The Authority's case is that the Appellant's vehicle failed to comply with a restriction on vehicles entering a pedestrian zone when in Perrin Road/Watford Road on 26 January 2024 at 14:08.

I have read the evidence and Mr Murray-Smith's written submissions, and I find that the argument advanced in relation to the lack of consistency between the grounds of appeal on the Authority's PCN and those on the website, is well founded.

When entering the Authority's website a motorist is faced with a General Representation invitation and then as you progress it provides a box for the representation, I find, as other Adjudicator have found, that this is not sufficient, fair or acceptable.

The appeal is allowed.

******

Please let us see what was sent in and their rejection.