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Hi All, another one... seem to be having a bit of a run of PCNs...!

I received a PCN (Link below) from Merton - 53J - Failing to comply with a restriction on vehicles entering a pedestrian zone

Location is listed as: SS - Ashbridge Way JW Leamington Avenue - On reviewing their evidence and my images (Link below) this is a "School Streets" and restrictions to vehicles applies "School Term Times" only and at specific times of the day M-F (see their signage)

The driver was travelling West on Leamington Avenue and turned right at the junction to head south on Ashbridge Way - the road of the alleged contravention

Googlemap links of the approach and the signage etc:
https://maps.app.goo.gl/hz2un2ooDBHiS2JM7
https://maps.app.goo.gl/Hmfwa7A5t3ZZVgxc9
https://maps.app.goo.gl/mFx1Ya1xjogkF5WJ9

I have also attached some personal photos I have taken since (Link below)

The driver committed to the right hand turn as there was a car approaching in the opposite direction as seen in the video evidence, this other car commanded the driver's attention away from the apparent signage.  The signage detailing the restriction is perpendicular to the driver's approach, the residential bay immediately beyond again commands the drivers attention and focus away from the (busy) signage to manoeuvre the vehicle safely around the parked cars and ensure no oncoming traffic is approaching to drive on the opposite side of the road.  The prior Yellow warning signs are proscribed.  Furthermore, the exact "School term times" are not advertised on either sign but merely a statement made on the proscribed Yellow sign.  How is a driver meant to know when the exact term times are for this particular school and thus when the restriction applies? I saw from a separate similar thread a citation about a case that had the PCN cancelled on this basis - Conor Costelloe v London Borough of Merton Case No. 2240078999.

Indeed, the driver's child who attends a School in Merton was in the car at the time of the alleged contravention and was still appropriately on school holidays as term had not started at their school.  This particular "School street" is for Hillcross Primary with pupils returning to school on the 22nd April based on their website - the date of the alleged contravention.  The driver's child was due to return to school on the 23rd April, day after.

If I were to challenge the PCN on this basis do you think it would have merit for cancellation?  Any other thoughts on further articles to strengthen a challenge would be much appreciated.

Thanks again!

Link to PCN, Evidence, Images of junction / signage:
https://imgur.com/a/lYnFysk

Yes, that's the entire video, the stills are taken from the video too.  At no point can the signs be seen on their evidence presented.  I do not believe there are any other cameras

Apologies for the delayed reply, didn't have access to this at work

See link below to screenshots of Merton PCN Representation workflow:

https://imgur.com/a/1aJOTyN

Just following up if you had any further advice on grounds for challenge, I was aiming to submit today before the discount expires.

Thanks again

Thanks again

I am going to challenge on the following basis:


1. The primary evidence i.e. the video does not prove the alleged contravention.

2. The yellow warning sign on Leamington Avenue is proscribed as it is wholly unreasonable to expect a person to know school term dates for the school associated with the apparent "School Streets" restriction. Indeed the driver had their primary school child in the car at the time of the video who attends a Merton School still observing School holidays on the day of alleged contravention and thus "School Term Time" restriction does not apply

3. The restriction signs are placed perpendicular to the driver's approach and therefore poorly visible

4. The video evidence posted clearly demonstrates a vehicle approaching in the opposite direction on Leamington Road which would command the driver's attention away from the poorly visible perpendicular signage

5. A residential parking bay also exists on the left immediately beyond the poor signage on Ashridge Way forcing further command of a driver's attention (especially one turning right from Leamington Avenue) away from signage to safely manoeuvre the vehicle around this into the right hand opposite side of the road ensuring no oncoming traffic is approaching as further mitigating circumstances against the alleged contravention

Please cancel in light of the above.