Free Traffic Legal Advice

Hello All, I wonder if you can help?  I received a PCN today, having turned right into this bus gate in Sheffield:

https://maps.app.goo.gl/R7gVKqNYMobBhomm7

I just didn't see the signs - there are none on the approach and, as you can see, none at the roundabout entrance.

My question is, is there grounds for appeal on the basis of non-conforming signage?

Thanks in anticipation

Page 1 of PCN:

https://drive.google.com/file/d/1KqPO-Fbr5_Yo4cEKeyrCYiO4VCUMlqW3/view?usp=sharing

Page 2 is just a standard form - I'll post it in a minute...

Please tell us your route to the mini-roundabout on Blonk Street, it's important in order to assess signage adequacy.

Quote from: Incandescent on November 11, 2024, 08:51:36 pm

Please tell us your route to the mini-roundabout on Blonk Street, it's important in order to assess signage adequacy.

If you click the google maps link in my first post you can see where I arrived at the roundabout.  Spin around 180 degrees and you can see where I came from - the access road to the carparks (I had been parked in the NCP carpark).

Yes, I understand that, but did you come up Blonk Street and across the river bridge ? If you did you'd have seen no Bus Gate signs until you came out of the side service road and turned back onto Blonk St and crossed the river.  However, if you had come up Blonk Street from Exchange Place, you would have seen this advance sign: -
https://maps.app.goo.gl/pm2gPw2WSU31SnxPA
So your route is important if you are to write a credible appeal argument for an adjudicator. If you came up from Exchange Place, your argument of not seeing signs is clearly not credibleas you see the advance sign, then the bus gate signs straight ahead.  You now have to submit representations to Sheffield City Council but whatever you say, you'll just get a Foib-Off letter.

Bad/missing/inadequate signs cases normally only get an unbiased hearing at the adjudicators. So the $64k question is, are you prepared to take them to the Traffic Penalty Tribunal and risk the full PCN penalty ?

I did not come from Exchange Place. I came out of the NCP carpark, to the roundabout, and turned right into the bus gate.

Would appreciate any commentry on whether the signs on this route are compliant with regulation or not.  Thanks.

Yes, but how did you get to the car park in the first place ? Do I assume from the other end of Blonk Street. Clearly you didn't arrive by helicopter !

I arrived the previous day.  Drove southeast across the bridge and turned left at the roundabout, and into the carpark.

Here's my route on the morning of the PCN:

https://drive.google.com/file/d/1JMBT7rHdhk09BOYAqj2kNGCkGGJZ3uTS/view?usp=sharing

Right, that's what I wanted to know ! You drove over the bridge from Wicker the previous day, so you would not have seen any signs about Blonk Street being a buses only lane in the opposite direction.

So you can submit a representation stating that you saw no signs advising of a bus gate restriction when leaving the car park, and none the previous day when driving to the car park over the river bridge.  You were therefore surprised you received the PCN. State that you consider the absence of a warning sign on the approach from the car park to be inadequate signing of the restriction.  Councils have a duty under LATOR to erect adequate signage that warns of the restriction. Here they have not done so.

https://www.legislation.gov.uk/uksi/1996/2489/contents
see Regulation 18

However don't expect the council to roll-over and cancel the PCN; it is almost inevitable you'll have to take them to the Traffic Penalty Tribunal.