Author Topic: South Fulham Clean Air Neighbourhood trial, Failing to comply with a prohibition on certain types of vehicles  (Read 2533 times)

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Hello all,

we received a PCN from Hammersmith & Fulham - The council believes that a contravention has occurred with respect to the above vehicle for the following alleged contravention – 52 M – Failing to comply with a prohibition on certain types of vehicles at Peterborough Rd SeBND o/s side of 90 Clancarty Rd (VA)







The road in question is a single lane with a warning sign positioned just before the access restriction. Clearly we made a mistake traveling along this road, but honestly, negotiating the width restriction whilst simultaneously reading the small print of the warning sign positioned relatively high up above the line of sight and then having no place to pull over, stop, turn around or maneuver whilst in a single lane of moving traffic, we just had to proceed, along with all the other vehicles.

Only later did we research the area and learn that we'd passed through what Hammersmith & Fulham call a "Clean Air Neighbourhood trial". As 'out-of-towners' this was the first we'd heard of the initiative. The website is here:

South Fulham Clean Air Neighbourhood project

They've now removed the reference, but it did say that "For the first two months of the trial (1 December to 31 January) out-of-borough motorists who went through the cameras received warning letters. From Wednesday 1 February, all non- Hammersmith & Fulham drivers seeking to cut through between Wandsworth Bridge Road and New Kings Road will receive a Penalty Charge Notice (PCN)".

My query is this - Is it credible for me to argue that it is not sufficient to just issue warnings to motorists for the first 2 months of the trial? As a means of notifying out-of-borough motorists this gesture should really be extended so that we all receive a warning on the first contravention. How else would someone from out of town and unfamiliar with the area be informed of the scheme and know that they should not enter? I may be wasting my time asking but is it worth seeking the penalty to be waived in this first instance?

Here's the PCN image magnified:

« Last Edit: June 18, 2023, 12:53:19 pm by cp8759 »

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The traffic order is The Hammersmith & Fulham (Clean Air Neighbourhood) (South Fulham West) (Experimental) (Prescribed Routes) Order 2022, which has no known issue.

However Hammersmith and Fulham has been quite forgiving for first-time contraventions, so in the first instance I would suggest a simple plea for discretion explaining what you've told us.

Post a draft on here and we'll tidy it up for you.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Apologies for the size of images. Linked images appear not to re-scale on the forum.

Anyway, yes, here is a defence I submitted to H&F which I fully expect to get rejected:

I have been issued with a PCN for an alleged contravention – 52 M – Failing to comply with a prohibition on certain types of vehicles at Peterborough Rd SeBND o/s side of 90 Clancarty Rd (VA).

I believe there are mitigating circumstances and would like to request that you consider the following and please cancel the PCN.

We unwittingly entered the South Fulham Clean Air Neighbourhood trial and had no prior knowledge of its presence. I fully appreciate the need for the scheme and wholeheartedly support clean air and traffic congestion initiatives such as this, however as out-of-borough visitors we were unprepared and failed to recognise the restrictions in place.

Peterborough Rd southbound that we were traveling on is a single lane with a warning sign positioned just at the point of the access prohibition and situated alongside a width restriction barrier and a central Bus Lane. I do accept that we made a mistake traveling along this road given what we’ve since learned about the scheme, however, the concentration that was required by the driver to negotiate the width restriction, combined with simultaneously attempting to read the detailed text on the warning sign which is positioned relatively high up above the line of sight from the vehicle meant that we failed to adequately process its message. Given that the central lane is a Bus lane at that point we believed that the restricted access sign was prohibiting motorists from entering the Bus lane, and instead directing them to use the adjacent lane as prescribed. Once we’d arrived at this sign there was also no place to safely pull over, stop, turn around or manoeuvre away. Since we were in a single lane of moving traffic, we had no recourse other than to proceed, since we could not reverse.

I understand that for the first two months of the trial (1 December to 31 January) out-of-borough motorists who went through the cameras received warning letters. This is a valuable provision for alerting any non-Hammersmith & Fulham driver about a scheme that they would otherwise be unaware of. This journey through South Fulham for us was an isolated trip. We are not regular visitors and may not be back in the area, so feel that the criterion for receiving a warning letter is not effective in reaching out to motorists such as us. For this reason, would you please consider cancelling the Penalty Charge Notice and instead issuing a warning notice so that we may be sufficiently alerted for the future?

Kind regards,
« Last Edit: June 18, 2023, 01:34:56 am by efunc »

Apologies for the size of images. Linked images appear not to re-scale on the forum.
If you use the "add image" button when editing, you can add the image width (I've fixed this for you in the opening post). A width of around 1100 seems to work well.

To be honest that's quite a good challenge and I think there's a fair chance they might just cancel.
« Last Edit: June 18, 2023, 01:12:45 pm by cp8759 »
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Well I never! H&F wrote to us today to cancel the PCN on the strength of that appeal! The first win on the new forum? I was not hopeful but scribbled something anyway after encouragement from the forum. Thank you all for your guidance. Thanks cp for sorting out the images too.
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That's a great result, thank you for letting us know!
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order