Author Topic: Waltham Forest - 53c - Restriction on vehicles entering zone  (Read 972 times)

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Re: Waltham Forest - 53c - Restriction on vehicles entering zone
« Reply #15 on: »
@Incandescent I can grant permission to view, if you wanted to review the evidence pack (not public as includes personal info)

the evidence pack refers to previous outcomes made:

2250374502 - the appellant did not make a case of the signage

2250472997 ( FR65871744) - appellant does not make a case of any issues

Both adjudicators state the signage is clear however as seen on GSW, there are no advance signs on the main road before turning, as a driver you should make the turn while clear, I would have only seen the sign during half turn, again there were pedestrians which I was watching and watching oncoming road potential traffic. If I compare to other adequate signage I would refer to authorities who put up signage on the main road and on the side road turning point itself. is this enough?

Re: Waltham Forest - 53c - Restriction on vehicles entering zone
« Reply #16 on: »
Date of hearing, please?

The Evidence Pack should contain a 2-3 page summary of why the Counci believe the Adjudicator should dismiss the appeal, and also a list of contents. Post these two documents here and the experts can ask if they wish to see anything else.
(Only redact yr name & addresss from docs - leave all else in.)

Re: Waltham Forest - 53c - Restriction on vehicles entering zone
« Reply #17 on: »
Evidence pack
Google Docs · drive.google.com

Re: Waltham Forest - 53c - Restriction on vehicles entering zone
« Reply #18 on: »
Hi checking if anyone can provide guidance as the council (local authority) has referred to previous tribunal cases:

2250374502 - however the appellant did not make a case of the signage

2250472997 ( FR65871744) - however appellant does not make a case of any issues

Both adjudicators state the signage is clear however as seen on GSW, there are no advance signs on the main road before turning, as a driver you should make the turn while clear, I would have only seen the sign during half turn, again there were pedestrians which I was watching and watching oncoming road potential traffic. If I compare to other adequate signage I would refer to authorities who put up signage on the main road and on the side road turning point itself. is this enough?

Re: Waltham Forest - 53c - Restriction on vehicles entering zone
« Reply #19 on: »
Where's the traffic order?

What's in the pack is The Waltham Forest ....(amendment) Order whose effect is to add items to Schedule to the Order of 2021.

And where's the Order of 2021? For all we know, it doesn't contain any prohibitions of the type alleged. We've only got the council's word for its effect as set out in the Explanatory Note which 'is not part of the Order'.

Re: Waltham Forest - 53c - Restriction on vehicles entering zone
« Reply #20 on: »
@tincombe thanks for flagging, is this something to ask Waltham Forest or raise at tribunal?

Re: Waltham Forest - 53c - Restriction on vehicles entering zone
« Reply #21 on: »
Others with more experience might be able to advise here.

Unlike its sister tribunal for outside London, ETA does not have a library of TMOs deposited by councils, therefore what's presented is what adjudicators see. But they also don't like it if an appellant raises substantive issues at the hearing alone about which they were aware sufficiently in advance to give due notice to the council and tribunal. As it's likely that the council would not attend the hearing, the adjudicator could adjourn and direct the council to provide the substantive parts of the Order. How would this suit you?

On balance, I would advise that you submit this point in your appeal - which would then of course be copied to the council who must then provide you with the necessary evidence in advance of the hearing. Remember, LATOR sets the minimum regulatory standard regarding 'traffic signs', but councils are free to add to their burden by placing additional duties upon themselves within an order.