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Adjudicator's Decision

The adjudicator, having considered the evidence submitted by the parties, has allowed the appeal.
The reasons for the adjudicator's decision are enclosed.

The adjudicator directs London Borough of Redbridge to cancel the Penalty Charge Notice.
If any penalty or fees have already been paid, the Enforcement Authority must now issue a refund
without delay. Enquiries regarding payment of the refund should be made to the Enforcement
Authority.

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Adjudicator's Reasons
The Appellant's Authorised Representative, Mr xxxx xxxxxx, attended the hearing of the appeal by
video, via Teams. The Appellant did not attend. She is Mr xxxxxx's wife, and she was the driver of
the vehicle at the time. The Authority were not due to attend or to be represented.

It is the Authority's case that the Appellant's vehicle failed to comply with a restriction on vehicles
entering a pedestrian zone on Rutland Road on 20 May 2025. They rely in evidence on CCTV footage
and on photographs of the entrance and advance warning signage. The wording/times on the
entrance signage in the CCTV footage and in the Authority's photographs is barely legible. I would
have expected the Authority to have produced legible photographs. However, it is common ground
that the blue signs beneath the entrance signs indicated that the restriction only operated during term
time. The Authority maintain in their Case Summary that "The 'Term-time only' is commonly used and
legally accepted phrase in traffic signage. While it does not list specific dates, it is the responsibility of
drivers to be aware of school term times, particularly in areas near schools. This type of signage has
been upheld as enforceable in multiple adjudications". They have not cited or produced any
Adjudicator decisions that support their position. They go on to say: "Term-time dates are publicly
available and consistent with local education authority calendars. We also acknowledge the
appellants statement that he was unaware of the restrictions. However, lack of awareness is not a
valid ground cancellation under the statutory framework".

Mr xxxxxx takes issue with the fact that the signage indicated the restriction only operated during
term time. He maintains that such an indication is "fundamentally unclear" on the basis that a motorist
cannot reasonably be expected to be aware of school term times applicable in respect of a restriction.
Mr xxxxxx has cited another adjudicator's decision (Case Number: 2240078999) in which it was
held: "The use of the phrase 'during term times' is not authorised for the simple reason that it requires
motorists to know what the term times are... it is about a lack of clarity as to when the restriction
operates... If an advance warning sign is needed and it is not clear, the Adjudicator is entitled to
conclude the overall signage is inadequate."

I agree with the case put by the Appellant. The blue signs lack clarity and are inherently ambiguous. It
is, in my view, unreasonable to expect a motorist to be aware of school term times applicable in
respect of a restriction, which may well vary depending on the local authority in question and the type
of school. Although the Authority say that "Term-Time Only" signage is commonly used, that is not my
experience, but what is common, is the use of fold-over signs, such that the signs show as blank
during school holidays. This leaves the motorist in no doubt as to whether the restriction is active.

The Authority have a duty to ensure that signage is clear and unambiguous and conveys all the
necessary information to the motorist. In this case the blue sign created a lack of clarity and an
ambiguity. Accordingly, the Authority failed in the said duty, and so I take the view that the
contravention cannot be established and I allow the appeal.

George Dodd
Adjudicator
23rd October 2025
2250346143
AF20158451