Hi
Can anyone provide advice or opinions on the following PCN appeal message to ensure it is clear, professional, and legally sound?
Thank you in advance
_________________________
I would first like to clarify a misunderstanding in your previous response to my initial request. In my earlier communication, I did not admit liability nor accept the validity of the charge. Rather, I simply requested an extension of the discount period due to being out of the country and unable to review the PCN in a timely manner. My intention was solely to allow myself adequate time to assess the circumstances and consider my options. At no point did I concede the contravention was valid or waive my right to appeal.
So, after considering the circumstances, I wish to challenge the validity of the PCN on legal grounds, specifically on the basis that the London Borough of Camden has failed to comply with the Traffic Signs Regulations and General Directions 2016 (TSRGD), making the enforcement of this restriction unlawful.
At the location where the PCN was issued, there is only a single sign placed after the junction, following the pedestrian crossing. There are no advance warning signs informing drivers of the restriction ahead. By the time the sign becomes visible, it is often impossible or unsafe for the driver to turn back, making compliance unreasonable.
The failure to provide advance signage contravenes established traffic signage guidelines:
• "It is essential that all signing provided is necessary, clear and unambiguous, and gives its message to road users at the appropriate time. The message must be quickly and easily understood at the point it is needed; neither too soon that the information might be forgotten, nor too late for the safe performance of any necessary manoeuvre." – Traffic Signs Manual (TSM) Chapter 1, 1.3.2
• "Signs to give advance warning of regulatory restrictions are sometimes needed;" – TSM Chapter 3, 1.6.4
• "This is to ensure that drivers have the necessary time to respond to the warning." – TSM Chapter 4, 1.9.1
Given that no advance signage was present and the restriction only became visible after the junction, I contend that the PCN is unenforceable due to non-compliance with the statutory requirements for adequate traffic signage. The absence of appropriate warnings means that drivers were not given a reasonable opportunity to avoid committing the alleged contravention.
In light of the above, I respectfully request that the PCN be cancelled due to Camden’s failure to provide proper signage in accordance with the TSRGD 2016 and the Traffic Signs Manual guidelines.
I appreciate your time in reviewing this appeal and look forward to your prompt response.
Yours faithfully,
[Your Name]
