Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: pillermoon on February 23, 2024, 10:08:10 am
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I am allowing this appeal because I am not satisfied that the signage is adequate to alert motorists to the prohibited route. The CCTV footage shows a single no entry to motor vehicles sign on the left hand side of the road. The sign is placed at the end of the traffic island and, in my judgement, is unlikely to be seen by the motorist until they have entered the island carriageway by which time there is no means of avoiding entry into the prohibited route. The motorist's attention on the approach is likely to be on the island sign directing traffic to bear to the left of the sign. There is an advance sign which is a blue rectangular sign with a small no entry to motor vehicles roundel for 50 yards ahead. This sign is placed at the far edge of the pavement on the right hand side of the road adjacent to parking bays and could easily be missed by a driver in the carriageway to the left. In my judgement, this sign is no substitute for adequate signage at the entrance to the prohibited route.
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philou case:
Won. Inadequate warning signage. I said very little!
I did not have my day in court re how can an apple act as an orange.
Apart from this, their evidence was rubbish: they even misstated warning signage as from the wrong road. Another testament to going the full distance and turning up in person.
Another gentleman adjudicator. He had made up his mind beforehand - rather than listen to me going on about this and that!
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The hearing is next week.
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It all depends on each case, the road(s) on which you travelled and what evidence they put in. Can't say anymore at present.
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PM sent.
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I searched previous cases, Unfortunately there are many instances where "inadequate signage" has been refused. All side with the EA with the view that it's clear and that advanced signage is not required.
However there is one outlier in 2230544814:
Mr Quinn-Smith appeals against this PCN because he says that the signage for the no entry to motor vehicles restriction in Leahurst Road is not adequate to alert motorists to the prohibited route.
I therefore have to consider whether the signage is in clear view of the approaching motorist with time for the motorist to process the restrictions and safely take evasive action. I have looked at both the CCTV footage and the still images submitted by the Council. In my judgement, there is a very real danger that the motorist will not see the no entry to motor vehicles sign until it is too late to safely take evasive action. As Mr Quinn-Smith says, the signage is "at the point of no return" where there is a traffic island preventing a safe manoeuvre to avoid the prohibited route. I accept Mr Quinn-Smith's evidence that he entered Leahurst Road from Orchid Close so that he did not pass the advance warning sign. I do not, in any event, consider that the advance warning sign, with a small roundel attached to a post on the far right hand side of a wide road 50 yards in advance of the restricted route, is an adequate substitute for clear signage at the point of entry.
Perhaps worth a shot?
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Any advice on this one?
PCN:
(https://i.ibb.co/Gk3ZMzy/p-0.jpg) (https://ibb.co/Gk3ZMzy)
(https://i.ibb.co/K23qVfT/p-1.jpg) (https://ibb.co/K23qVfT)
(https://i.ibb.co/vPnnc7c/p-2.jpg) (https://ibb.co/vPnnc7c)
(https://i.ibb.co/YBB88bT/p-3.jpg) (https://ibb.co/YBB88bT)
In my view the signage is inadequate. I missed the advanced warning sign and there is no way out of the trap if you see the nearest sign.
This junction has also had a number of changes recently:
- There was a width restriction with gate in the middle.
- They put planters in the width restrictions at first (during COVID).
- Then opened the gate in the middle with a camera.
- Recently they changed it again with the raised crossing point.
- Now it's "no motor vehicles" at all westbound, vehicle weight restrictions eastbound
Another recent reports of this exact same location/PCN:
- FTLA - Lewisham, 52m, Leahurst Road - Westbound (https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/lewisham-52m-leahurst-road-westbound/)
GSV shows the old signage (https://www.google.co.uk/maps/@51.4543109,-0.0021424,3a,75y,299.94h,90.89t/data=!3m6!1e1!3m4!1saXs8VyntPxgqB_HC3yCbAQ!2e0!7i16384!8i8192?entry=ttu), but there're updated images from the above thread:
(https://i.ibb.co/09zRvyP/leahurst-near2.jpg) (https://ibb.co/09zRvyP)
(https://i.ibb.co/CzwYwt5/leahurst-near1.jpg) (https://ibb.co/CzwYwt5)
(https://i.ibb.co/X3qSd6g/leahurst-far2.jpg) (https://ibb.co/X3qSd6g)