Author Topic: Waltham Forest - 53c - Restriction on vehicles entering zone  (Read 813 times)

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Waltham Forest - 53c - Restriction on vehicles entering zone
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Location: 51°35'37.1"N 0°02'04.5"W / St Andrews Road E17 / Higham Hill Road E17

PCN: FR67860862

Google Drive:
Google Drive · drive.google.com

PCN on drive

I was driving on Higham Hill Road E17 (from Billet Road side) and turned right onto St Andrews Road E17.
I do not recall any signage, I will go back to check again. Google Maps does not show any signs facing me

although on the other side, travelling towards Billet Road on Higham Hill E17 and turning left, there are signs.

I have seen a few similar scenarios and PCN appeal drafts, is there anything I should consider?

@Hippocrates

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Re: Waltham Forest - 53c - Restriction on vehicles entering zone
« Reply #1 on: »
The signs are there on latest GSV view of October 2024, but are closed, either because the traffic order was not yet ready, or they close the signs out of school terms. If you look at your photos, you can see the line of the vertical hinge.

You turned right into the restriction.  I see no advance warning signs present. Essentially, you have to prove the signage is "inadequate".  Councils have a duty under Regulation 18 of The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 to place adequate signage to announce a restrition to motorists. Problem is this is subjective, your 'inadequate' is the council's 'adequate', so you can only get an independent view from a London Tribunals adjudicator, who will decide one way or the other.

Re: Waltham Forest - 53c - Restriction on vehicles entering zone
« Reply #2 on: »
Thanks

Is there any evidence I need to prepare to counter the adequate claims?

or as first step just prepare an informal appeal explaining inadequate signage / as seen on evidence footage of pedestrians crossing that I had to be aware of

and with traffic pressure to make turning

Re: Waltham Forest - 53c - Restriction on vehicles entering zone
« Reply #3 on: »
on 18 March the appeal was rejected.

the letter does not consider there is absent signage on Higham Hill Road E17 (from direction I was travelling) but there is signage from opposite direction of travel for drivers looking ahead before making the turn.

link:
Google Docs · drive.google.com


Is it worth me proceeding to appeals, on the basis there was no sign head on, lack of adequate signage. main argument is, council has put other signs opposite side for drivers driving head on HIghams Hill

@Hippocrates @Incandescent

Re: Waltham Forest - 53c - Restriction on vehicles entering zone
« Reply #4 on: »
Basically, we need to know if there is an advance sign for the direction you approached to make the right turn. Their letter only mentions the actual restriction signs themselves. If there is a sign, then the discount is probably your best option unless Hippocrates suggests a 'technical' appeal based on PCN content and/or their webpages.

Re: Waltham Forest - 53c - Restriction on vehicles entering zone
« Reply #5 on: »
@Incandescent i went back and can confirm there are no signs on the main road I was on before I made the right turn

Additionally the sign is obstructed slightly due to another sign on the main road and a tree

CCTV images also shows pedestrians

Google Docs · drive.google.com


I think should take it to next step. Would be grateful with any assistance

Re: Waltham Forest - 53c - Restriction on vehicles entering zone
« Reply #6 on: »
If you now want to test the matter at London Tribunals you must now register an appeal with them. There is no need for your final appeal text to go in at that stage, you should just say "I rely on my formal representations to the council", (I'm assuming you mentioned the lack of advance warning and obscuration of the signs as per your photo). Of course you'll be risking the full PCN penalty, but that is all, there are no other costs or charges, and if you win, you pay nothing. From what I can see, the council have just stated what happened and haven't addressed any points you made in your reps, so you could emphasise this in your appeal, (it's called "failure to consider").

Re: Waltham Forest - 53c - Restriction on vehicles entering zone
« Reply #7 on: »
@Incandescent understood

And I should always request in person to explain my points and opportunity to answer any queries

Re: Waltham Forest - 53c - Restriction on vehicles entering zone
« Reply #8 on: »
@Incandescent understood

And I should always request in person to explain my points and opportunity to answer any queries
Yes, but attendance in person means a telephone or video hearing, not attendance at their offices. Never, ever, request a decision on the papers as these tend to be lost because there is no opportunity for the adjudicator to ask questions.