Author Topic: Waltham Forest - 53C Failing to comply with a restriction on vehicles entering a pedestrian and cycle zone  (Read 647 times)

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Hi all,

re: 53C Failing to comply with a restriction on vehicles entering a pedestrian and cycle zone.

My wife received this PCN from the London Borough of Waltham Forest in the post yesterday. Are there any grounds for an appeal?




« Last Edit: December 04, 2024, 10:23:13 am by bigred247 »

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I've attached the images here from the councils website.




« Last Edit: December 04, 2024, 09:56:23 am by bigred247 »

hey all, any thoughts on this?

hey all, any thoughts on this?
Yes.
From the latest GSV view of the approach to turn left into Dawlish Road, (April 2022), shows the signs are side on, and there is no advance warning of the restriction. In addition, the nearest sign is high up so likely to be missed by a motorist looking out for hazards at the left turn.

Only thing is that with GSV over 2 years ago there may be advance warning signs there now, but only you can tell us. If there are no advance signs, you have a reasonably good case for an appeal to London Tribunals on the basis of inadeqate signage. The council will reject anything you submit, because they are only interested in the money.

So you have to be prepared to forego the discount.

@Incandescent
Thank you for your advice, and apologies for the delay. I was travelling for a few days.
I will be visiting the area tomorrow morning, so I will check for additional signage and post my findings here.


@Incandescent
I visited the location yesterday and did not find any advance warning of the restriction. The signs in the photos posted previously are the only ones visible leading up to this turning.

I have drafted a representation to challenge the PCN. Any thoughts?

Like @Incandescent mentioned above, this will no doubt be rejected by the council and will end up at the tribunal.


Quote

PCN Number: FR64106814
Vehicle Registration Number: VO23UCC


To whom it may concern,

I am writing to formally challenge the above PCN issued for an alleged contravention of “53C - Failing to comply with a restriction on vehicles entering a pedestrian and cycle zone”. My challenge is based on the following points:

1. Inadequate Advance Warning of the Restriction
Upon revisiting the location (Dawlish Road), I confirmed there are no advance warning signs indicating the restriction prior to the turn. The only visible signage is positioned at the turn itself, which is insufficient for motorists to make a safe and informed decision. The absence of advance signage makes it unreasonable to expect compliance, particularly when a driver is focused on navigating hazards and traffic at the turning.

Inadequate signage has been the basis for upheld appeals in similar cases. I respectfully submit that the placement of signs at this location does not meet the standards for clarity and visibility required under traffic regulations.

2. Placement and Orientation of Signage
The current signage at the location is mounted high and positioned side-on relative to the driver’s line of sight. This further reduces its visibility and effectiveness, especially for drivers turning into Dawlish Road. As the signs are not easily noticeable under normal driving conditions, this may lead to inadvertent contraventions.

For the reasons outlined above, I believe the restriction was not clearly communicated, and this undermines the legitimacy of the PCN. I therefore kindly request that the PCN be cancelled.

Thank you for your time and consideration.

Yours faithfully,
« Last Edit: December 13, 2024, 11:15:50 am by bigred247 »

I would also add there is a plethora of signage. Let them access the Thesaurus.
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

@Hippocrates
I've modified point 1, if I understood this clearly  ::) Does this make sense?

Quote
1. Inadequate Advance Warning of the Restriction
Upon revisiting the location (Dawlish Road), I observed there is no advance warning signage informing motorists of the restriction before they reach the turning. The absence of advance notice does not allow drivers sufficient opportunity to comply with the restriction.

While the council may argue there is signage at the location, an abundance or “plethora” of signs in an area can itself create confusion rather than provide clarity. Motorists rely on clear and strategically placed signage to make informed decisions while driving. A restriction of this nature, without adequate warning and clear visibility, unfairly penalises drivers.

I can see 12 tribunal cases here, all refused, although only a few concern signage I think.

One below. 

----------

Case reference 2210626064
Authority London Borough of Waltham Forest
Contravention date 18 Jun 2021
Contravention time 15:19:00
Contravention location Dawlish Road E10 / High Road E10
Penalty amount GBP 130.00
Contravention Fail comply restriction vehicles entering ped zone
Referral date -
Decision Date 26 Oct 2021
Adjudicator Anthony Chan
Appeal decision Appeal refused
Direction Full penalty charge notice amount stated to be paid within 28 days.
Reasons
The appeal was heard over the telephone. The Authority was not represented.

The issue is the visibility of the signage. The Appellant was turning left into Dawlish Road. I can see from the Appellant's video evidence that the pedestrian zone signs are clear of the building line. Drivers approaching the junction should be able to notice the presence of signs at the entrance to Dawlish Road. I accept that the full face of the signs would not be readily visible from a distance but once drivers have noticed the presence of the signs, they should slow to an appropriate speed to enable them to check the signs before committing to the turn.

I am satisfied that the contravention occurred. I refuse the appeal.
« Last Edit: December 14, 2024, 03:41:01 pm by stamfordman »
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Having a tootle through the Statutory Register of London Tribunals, I came across this:

Conspicuous signage is a prerequisite for lawful enforcement. The Council has not established by this evidence on this occasion that the signage was adequate to indicate and thus enforce the restriction.

Case reference   2240411748
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Hey folks,
I'm glad to say the council has cancelled this PCN "due to a procedural error when dealing with this case at an earlier stage".
This doesn't divulge the specific details but I wanted to share the outcome so that it may help others :)
And thank you all for your help with this.




IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r