Hi All, Thanks for all the response please see my first draft and any feedback will be appreciated
Subject: Update on Appeal - Case Reference [Your Case Reference Number]
Dear [Tribunal's Name/Title],
I hope this message finds you well.
I am writing to provide an update regarding my appeal against the Penalty Charge Notice (PCN) issued to my vehicle. The case reference number is [Your Case Reference Number].
I would like to clarify and reiterate the key points of my appeal for your consideration:
Position of My Vehicle: At the time of the alleged contravention, my vehicle had already passed the 'give way' sign. The photographic evidence provided shows that the other vehicle involved had not yet reached Salter's Hill or approached the junction.
Compliance with Traffic Regulations: No vehicle had entered Salter's Hill while my vehicle was at the 'give way' sign. Traffic regulations do not require a driver to slow down or stop in anticipation of a vehicle that is not yet visible or oncoming.
Signage and Road Markings: The 'Give Way' line, in conjunction with the 'Give Priority To' sign, creates the restriction. However, the presence of the line does not alter the meaning or extent of the sign. The restriction remains 'Give Priority To,' and the line does not transform it into a 'Give Way' requirement. The extent of the restriction is defined by the sign itself, which covers the arch of the bridge. Adding a line does not change this extent. The interpretation of the restriction is not subject to the discretion of the council officer on the day but is defined by the sign and its placement.
Signage and Layout Issues: Additionally, the layout and signage at this location are poorly designed and do not clearly indicate the priority zone. The signage does not provide a clear indication of the priority area, which contributes to confusion. The lack of clear, unambiguous markings makes it difficult for drivers to understand the priority zone and their obligations.
Legal Distinction Between 'Give Way' and 'Give Priority': According to the Traffic Signs Regulations and General Directions (TSRGD) 2016, 'Give Way' and 'Give Priority To' are distinct traffic control measures. A 'Give Way' sign (Regulation 10 of the TSRGD) requires a driver to yield and stop if necessary, whereas a 'Give Priority To' sign (Regulation 16) requires drivers to allow other vehicles to proceed in situations where they have priority, but it does not require a complete stop unless necessary. The addition of a 'Give Way' line does not change the nature of a 'Give Priority To' sign or its requirements.
Distance and Positioning of Vehicles: The CCTV images do not accurately reflect the distance from the bridge to the traffic island beyond it. The stretch of road is much longer than depicted in the images. The 'Priority over oncoming vehicles' sign is positioned just before the bridge on the other side, not immediately after it. In the CCTV footage, the oncoming vehicle is only at the traffic island, before the speed sign and well before the traffic calming humps. Diagram 615 (Item 9 in Part 2 of Schedule 3 to the TSRGD 2016) indicates that priority must be given to vehicles from the opposite direction, but this requirement is not limitless. The presence of another vehicle further down the road does not automatically necessitate waiting if the vehicle is not within the immediate priority area.
In light of these points, I respectfully request that the tribunal review the PCN in light of the evidence provided and the considerations outlined above. I believe that a fair assessment will conclude that no contravention occurred.
Thank you for your attention to this matter. I am available to provide any further information or clarification if required and look forward to your decision.
Yours sincerely,
[Your Name]
[Your Address]
[Your Contact Information]
[Vehicle Registration Number]
