A couple for thought - the first one suggests the right approach is as I said to pay for one and try for discretion on the others.
----------
2230474945
Decision date 15 December 2023.
The footage shows the Appellant’s vehicle turn right from a side road and drive past upright signs on both sides of the road on 21/09/2023 These show diagrams of a motorbike and a car on a white background in a white circle edged by a red roundel. That is a recognised sign for stating no access to motorbikes and cars. A sign underneath sets out the restricted hours and exemption. A Penalty Charge Notice was issued in the post on 09/10/2023.
The Appellant says he has been driving down the road for two weeks to drop off his son at nursery and did not notice the signs. This is his 5th Penalty Charge Notice. The Authority said they had cancelled three PCNs but would enforce two. In The Notice of Appeal, the Appellant says all five PCNs should be cancelled as he gave the same reasons for all of them. In the Case Summary, the Authority insists on payment of the full amount, stating that opportunities had been given to pay £65.
I am only considering this one Penalty Charge Notice. The signage at the location is clear and there is no reason why the Appellant should not have seen this. The Appellant is fortunate in that the Authority cancelled three PCNs using its discretionary powers as a gesture of goodwill. They cannot be compelled to cancel all of them.
The contravention occurred and the amount due at this stage is £130.
-------------
2220253407
(From 2022)
The Appellant is appealing a Penalty Charge Notice issued in respect of failing to comply with the restriction on vehicles entering a pedestrian zone at the above location.
The matter is listed for a personal hearing. The Appellant has not attended, or given any reason for his non-attendance, and therefore I find that it is proportionate to hear the case in his absence.
The Enforcement Authority relies upon CCTV footage of the incident, together with a copy of the PCN, copy of the relevant Traffic Management Order and a photograph of the signage.
The Appellant contends that he was obliged to drive into the restricted road as there had been an accident which blocked any other route.
I have carefully considered all the evidence in this matter.
The vehicle drove into a street which was subject to a Pedestrian and Cycle zone only restriction, at specified times, save for specified permit holders.
The Appellant contends that he drove as alleged as an accident scene had blocked another route from the location.
I note from the CCTV footage that the vehicle turns right into the restricted road. This junction appears to be immediately prior to the commencement of the restricted zone. There appear to be no warning signs on the road leading to the junction where the vehicle turned right, and although there is no statutory requirement for warning signs, I find that, without such warning, it is likely that a driver would be taken by surprise by the restriction immediately ahead of him as he turned right. I also note that, on the CCTV footage, the lefthand sign appears to face away from the relevant junction and is angled in such a way as to be unhelpful to a vehicle turning right. The righthand side faces oncoming traffic and also appears to be situated relatively high up.
For these reasons, I am not satisfied that the signage on the day in question was sufficiently clear and I allow this appeal. The sign on the lefthand side of the road may have been adjusted since this incident - this decision is fact-specific and does not affect the general enforceability of the signage.