Tribunal appeals are mostly lost here but I noted this recent case allowed on PCN wording and signage.
But the adjudicator is probably the most friendly.
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Case reference 2250351052
Appellant xxxxx
Authority Transport for London
VRM FN67YHG
PCN Details
PCN GX25743657
Contravention date 22 May 2025
Contravention time 11:30:49
Contravention location ROTHERHITHE TUNNEL APPROACH / BRANCH ROAD
Penalty amount GBP 160.00
Contravention Fail comply prohibition on certain types vehicle
Referral date -
Decision Date 28 Oct 2025
Adjudicator Sean Stanton-Dunne
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice and the Notice to Owner.
Reasons Mr xxxx has attended the hearing today by video link.
This PCN was issued for the alleged contravention of "failing to comply with a prohibition on certain types of vehicle goods vehicles exceeding maximum gross weight indicated".
TFL's evidence is that the vehicle exceeded the maximum gross laden weight of 2 tonnes and that the prohibition is on vehicles in excess of that weight. This is not, however, clear from the PCN. There is nothing to indicate or explain the applicable weight restriction.
A PCN is required to state the grounds on which the enforcement authority believes that the penalty charge is payable. Those grounds must be expressed in terms which allow the recipient of the PCN to properly understand the alleged contravention. The PCN needs to explain, whether by wording or images, exactly what the prohibition is.
I therefore find that the PCN was invalid.
I am also not satisfied that the signage was adequate to alert Mr Saini to the weight restrictions. Mr xxxxx says that he had no idea of the weight restrictions in place and that the signage was not clear.
This is one of six PCNs issued to this vehicle for the same alleged contravention over an eight-day period. The no entry sign shows a lorry with 2t in the centre. Mr Saini’s Vauxhall Vivaro van is a light goods vehicle.
The Traffic Signs Regulations and General Directions 2016 states at 'Item 13 diagram 622.1A in the sign table in Schedule 3, Part 2' that the sign plate at the location means the following: "Goods vehicles exceeding max gross weight indicated prohibited". It is the only sign permitted in the 2016 Regulations and there is no signage for a light goods vehicle.
The sign in place is the only sign available for use by TfL and it is, therefore, legally compliant. Legal compliance does not, however, prevent signage from being misleading or confusing in particular circumstances.
In my judgement, there is a very real danger that a motorist will see the sign as relating to lorries and not to light goods vehicles because they will not see further than the image of the lorry. One panel sign in place carries width and height restrictions with two lorry images. The problem is that, historically, there have not been weight restrictions for smaller vehicles, and the available signage does not address the need for an image which clearly conveys the type of vehicle being restricted.
I allow the appeal for these reasons.
