Hi
@John U.K. @H C Andersen @IncandescentHope you're all well.
My hearing is next Tuesday, and would be grateful for your help preparing for the case.
I tried searching on the London Tribunals using PCN Location Clements Road and found several cases, some of which were allowed and others rejected.
Your guidance would be most appreciated. Thank you.
Case reference 2240526386
Appellant Marilyn Susan Stein
Authority London Borough of Redbridge
VRM D20MSS
PCN Details
PCN AF99146478
Contravention date 12 Sep 2024
Contravention time 08:04:00
Contravention location Clements Road
Penalty amount N/A
Contravention Using a route restricted to certain vehicles
Referral date -
Decision Date 16 Jan 2025
Adjudicator Carl Teper
Appeal decision Appeal allowed
Direction
cancel the Penalty Charge Notice.
Reasons
The Appellant has attended with her witness, Mrs L Stewart both by telephone.
The Authority's case is that the Appellant's vehicle used a route restricted to certain vehicles (buses, cycles and taxis only) when in Clements Road on 12 September 2024 at 08:04.
The Appellant denies the contravention and states that they were directed to use this route by a Civil Enforcement Officer.
I have considered the evidence in this case and I find that this contravention is not proved for the following reasons:
First, I find the evidence of the Appellant and her witness to be credible and I find that they were directed to use this route by a CEO.
Second, I find the evidence in relation to the location produced by the Authority to have little evidential weight. There is produced one photograph, in the Additional evidence at 'J', which is undated and it is not possible to reconcile this image with the CCTV footage.
Third, there is no plan of the area showing the approach to this location.
Fourth, I find the Appellant's evidence to be stronger than that of the Authority's.
Finally, in light of the above I find that the Authority has not proved this contravention to the requisite standard.
The appeal is allowed.
Case reference 2240478986
Appellant Santosh Kumari
Authority London Borough of Redbridge
VRM SR53SLK
PCN Details
PCN AF99204042
Contravention date 20 Sep 2024
Contravention time 18:31:00
Contravention location Clements Road
Penalty amount GBP 130.00
Contravention Using a route restricted to certain vehicles
Referral date -
Decision Date 27 Nov 2024
Adjudicator Andrew Harman
Appeal decision Appeal allowed
Direction
cancel the Penalty Charge Notice.
Reasons
The appellant appeared before me today at Chancery Exchange.
The council did not attend the hearing it not being expected to do so.
The contravention alleged in these proceedings was that this vehicle used a route restricted to certain vehicles.
On the evidence before me the restriction was located after a bend in the road.
The appellant submitted that she was unable to avoid the restriction by bearing left as directed by advance warning signage because by doing so it appeared that she would have contravened it as indicated by the legend marked on the carriageway most of which was marked alongside the entrance to that turning. She argued that the restriction and the road layout was misleading.
Although this restriction applied at and from the point at which regulatory signage was posted the legend was marked well in advance of that signage and I agreed with what the appellant said.
The marking of the legend at the spot it was did I find suggest that the motorist would be entering the restricted area by bearing left and I found for that reason that there was an ambiguity as to the ambit of this restriction the contravention for that reason not therefore having been proved.
https://londontribunals.org.uk/ords/pwslive/f?p=14952:70::INITIALISE::70:P70_CAS_REFNO,P70_PCN_REFNO,P70_RETURN_PAGE,P70_AST_CODE:1651092,3048575,60,APPEAL&cs=3aIJDrbqivrzMbj9SJZ76c20tggdV9o8EJPoBqISK_4P1OAZxr4dyaBI9En52Ne7W9CZ17fB1EEqjXhWW0fe2tACase reference 2230031831
Appellant Victoria Tandu-Kienga
Decision Date 24 Feb 2023
Adjudicator Anju Kaler
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice.
Reasons The footage shows the Appellant’s oncoming vehicle turn left from a side road into the main road. No signs ae visible in the footage. The additional evidence submitted by the Authority contains a black and white photograph of two upright signs that contain diagrams of a motorbike and a car in a roundel. That is a recognised sign for stating no access to motorbikes and cars.
There is nothing submitted from the Authority that tells me where the sign submitted appears and how it relates to the junction shown on the footage. The evidence does not show me what signs the vehicle went past. The Authority has not proved its case and I cannot be satisfied that the alleged contravention occurred.
https://londontribunals.org.uk/ords/pwslive/f?p=14952:70::INITIALISE::70:P70_CAS_REFNO,P70_PCN_REFNO,P70_RETURN_PAGE,P70_AST_CODE:1554602,2925691,60,APPEAL&cs=3Au9H5u6lslMXJ086HL4_GZ9ryKFNuth7QVlk1e2XMjhBHrENkO7GDH-mhnUfmUz_hjnvgG9P9msE1-FpL9IVwgCase reference 2230153985
Appellant Lee White
Decision Date 05 Apr 2023
Adjudicator Sean Stanton-Dunne
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice and the Notice to Owner.
Reasons Mr White has attended the hearing today by telephone.
The CCTV footage shows Mr White's car passing the restricted route sign and stopping immediately after it. I accept Mr White's evidence that the car was immediately reversed. Mr White has explained that, by the time that he saw the signage, it was too late to stop quickly with the vehicle behind him.
The restricted route begins on the bend in the road. The footage shows that the glare of the light on the restricted route sign on the left hand side is such that it is unlikely to be clearly seen until the motorist is almost level with it. There also appears to be restricted visibility on the approach for the sign on the right hand side with overhanging tree branches. Although there is advance warning signage, it is not clear from the daytime images whether this would be clear for the motorist on the approach to the bend.
I am not satisfied that the signage was adequate to alert Mr White to the restricted route in time for him to safely take evasive action.
https://londontribunals.org.uk/ords/pwslive/f?p=14952:70::INITIALISE::70:P70_CAS_REFNO,P70_PCN_REFNO,P70_RETURN_PAGE,P70_AST_CODE:1562146,2935519,60,APPEAL&cs=30pp3Q1cMBZ0zz21Pok0xRTLsl4T_EHTmu6kF64GlXLCQsJPC-FTstmqO1FwpQJRnwTYvEEQ0UfhyVec_1VKXtQExamples of rejection:
Case reference 2240541641
Appellant Mariam Temory
Authority London Borough of Redbridge
VRM GL08HZS
PCN Details
PCN AF99259984
Contravention date 28 Sep 2024
Contravention time 14:54:00
Contravention location Clements Road
Penalty amount GBP 130.00
Contravention Using a route restricted to certain vehicles
Referral date -
Decision Date 24 Feb 2025
Adjudicator Michael Burke
Appeal decision Appeal refused
Direction Full penalty charge notice amount stated to be paid within 28 days.
Reasons
The allegation in this case is using a route restricted to certain vehicles in Clements Rd. at 2.54pm on 28.09.24. The Appellant does not dispute this but says that she was unfamiliar with the location and relying on satnav guidance. She says that she received 2 PCNs alleging contraventions 18 minutes apart at the same location. She has paid the other PCN and believes she should not have to pay a second penalty in these circumstances.
The Enforcement Authority have provided photographs of the signage relied upon, which can also be seen in the enforcement camera evidence and which I am satisfied was substantially compliant, clear and adequate.
The enforcement camera evidence shows the vehicle committing the contravention.
The motorist who commits 2 contraventions is liable for 2 penalty charges, regardless of the proximity in time. The Appellant has not established anything which goes beyond mitigation. The Enforcement Authority may cancel a PCN as a matter of their discretion. An Adjudicator has no power to direct cancellation on the basis of mitigating circumstances.
Having considered all the evidence I am satisfied that the contravention occurred and that the PCN was properly issued and served. I am not satisfied that any exemption applies.
Case reference 224053220A
Appellant Naila Haitham
Authority London Borough of Redbridge
VRM SN52WKV
PCN Details
PCN AF9915165A
Contravention date 12 Sep 2024
Contravention time 16:50:00
Contravention location Clements Road
Penalty amount GBP 130.00
Contravention Using a route restricted to certain vehicles
Referral date -
Decision Date 20 Feb 2025
Adjudicator Gerald Styles
Appeal decision Appeal refused
Direction Full penalty charge notice amount stated to be paid within 28 days.
Reasons
The cctv footage I have viewed shows where the appellant car passed through upright traffic signs that in effect prohibited private motor cars. It was daylight with no exceptional traffic or weather conditions showing.
The footage shows the fork where cars were required to fork left not proceed right as the driver in this case did.
The lawful route was emphasised by clear surface markings.
The signage was not unclear or ambiguous in my judgment and I have rejected argument based on lack of more warning to make the required direction clearer.
I have accordingly upheld the penalty charge claimed by the Council.
I find the alleged contravention occurred and I have recorded this appeal as refused.
Case reference 2230519544
Appellant Samiuddin Ghouse Mohammed
Decision Date 07 Feb 2024
Adjudicator John Lane
Appeal decision Appeal refused
Direction Full penalty charge notice amount stated to be paid within 28 days.
Reasons
The issue of this appeal is whether the said vehicle used a route restricted to certain other vehicles.
I have considered both parties’ representations and studied the video and photographic evidence.
I am satisfied that the appellant’s vehicle passed signs that state only buses, cycles and taxis may pass through.
The appellant has stated owing to heavy traffic the appellant could not focus on the sign. No obstruction was caused.
Crucially, motorists must be prepared for signage and take it as they find it.
On the specific evidence available to me I am satisfied that the local authority has met the grounds of adequacy of signage and has adduced evidence to meet and challenge the points raised by the appellant.
The evidence leads me to conclude that a contravention occurred.
The circumstances described by the appellant are mitigating circumstances or extenuating factors. They do not amount to a ground of appeal. Mitigation moderates the seriousness of something but does not amount to a full ground of appeal.
The local authority has clearly considered the relevant circumstances but has chosen not to exercise their discretion in the appellant’s favour. Mitigation is the province of the local authority. An Adjudicator may only cancel a penalty charge notice if a ground of appeal has been established. An Adjudicator may not exercise their discretion and cancel or reduce a fixed penalty when mitigating circumstances and not a ground of appeal has been established. Mitigation is for the local authority. An Adjudicator is not permitted to mitigate a fixed penalty, a penalty fixed by law.
I have to find that the local authority was entitled to issue the penalty notice. I am satisfied that the penalty notice expressed the correct penalty amount, fixed by law. It did not therefore exceed the relevant amount in all the circumstances.
In those circumstances, as I find that no ground of appeal has been established, I have to refuse the appeal.