Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: silentcal on July 02, 2024, 11:50:43 am

Title: Re: Ealing, code 53J entering a pedestrian zone, Meadvale rd W5.
Post by: Jimmy2Times on June 20, 2025, 06:39:34 pm

What was the outcome. I know this may sound like a silly observation, but how did they identify it was your number plate for the PCN to be issued. Judging by the PCN and video evidence Ealing have provided. The number plate on the PCN cannot be established and so this fails its first evidence test.

Title: Re: Ealing, code 53J entering a pedestrian zone, Meadvale rd W5.
Post by: cp8759 on July 31, 2024, 09:18:18 pm

For later: The Ealing (North Ealing School Street) (No. 1) Traffic Order 2021 (https://drive.google.com/file/d/1NhIHQ_yxQNHk45gNkIZSGhCh9wA7xNKM/view)

Title: Re: Ealing, code 53J entering a pedestrian zone, Meadvale rd W5.
Post by: cp8759 on July 03, 2024, 05:39:14 pm

Videos:

AO0164318A:

https://www.youtube.com/watch?v=Mhqc7yuGodg

AO01626420:

https://www.youtube.com/watch?v=szH5yVUaXCo

AO01653398:

https://www.youtube.com/watch?v=t5mNcOA71IE

AO01653456:

https://www.youtube.com/watch?v=YnKs5ESL90I

AO01682126:

https://www.youtube.com/watch?v=xtT11mLGUL4

For convenience, here are silentcal's photos of the signage:

(https://i.imgur.com/YjldxY4.jpeg)

(https://i.imgur.com/t77xZMd.jpeg)

I have requested the traffic order, but in the meantime here is a draft representation (I can't see any reason not to aim for a cancellation across the board):

Dear London Borough of Ealing,

I challenge liability on the grounds that the alleged contravention did not occur, this is because on each occasion the signage was engulfed by foliage. I only became aware of the restriction when I received the first penalty charge notice, and I have not entered Meadvale Road during the restricted hours since then.

I attach two photos which show the signage is obscured by vegetation and this can also be seen in your own video footage.

In light of the above I request that PCNs AO01682126, AO01653456, AO01653398, AO0164318A and AO01626420 be cancelled.

I further request the following steps:

1) Please suspend enforcement at this location until the signage situation has been resolved and the signage is properly visible, especially to road users turning left from Curzon Road into Meadvale Road.
2) Please cancel any outstanding PCNs at this location.
3) Please issue a refund for any PCNs issued at this location that have been paid (some motorists might have paid the PCN without checking the video footage on the assumption that the council would ensure signage is adequate in each and every case before issuing a PCN, rather than relying on an automated system. The fact that the council might be legally entitled to pocket the money and close the case does not mean that it should or that that would be a just outcome).

Yours faithfully,

You will need to submit representations five times, once for each PCN (but you can use the same text each time), via https://ealing.tarantoportal.com/ (don't forget to upload the two photos you've taken).

Make sure to keep a screenshot of the confirmation page.

Title: Re: Ealing, code 53J entering a pedestrian zone, Meadvale rd W5.
Post by: silentcal on July 02, 2024, 05:38:41 pm

Many thanks for your time and invaluable advice.

Title: Re: Ealing, code 53J entering a pedestrian zone, Meadvale rd W5.
Post by: Incandescent on July 02, 2024, 02:28:24 pm

There are two aspects here.

1. You blithely turn left into Meadvale road and park for several days running, not noticing the restriction signs, then whallop, you get a PCN, then several more in the post. The first PCN arrival alerts you to the restriction.

In cases like this, it is generally best when submitting reps to the council to state that you only became aware of the restriction when the first PCN dated <date> arrived in the post on <date>, but in between these dates four more PCNs were posted but only arrived after you received the first one and was alerted to the restriction.  You should say that you consider having to pay 5 PCNs is a grossly excessive penalty especially as you only became aware of the restriction 8 days later when the first PCN arrived. Ask that PCNs 2-5 be cancelled.

2. The obscured signage
This restriction has been in place since 2021, so I am a bit surprised you know nothing about it.
This winter GSV view shows the restriction signs, as there are no leaves on the tree, plus a rather misleading "new road layout" sign which is meaningless, it should have been a warning about the left turn.
https://maps.app.goo.gl/MMghQJgFGaeZQTXr6
Later in 2021, the signs are totally obscured by the tree foliage
https://maps.app.goo.gl/hobETQszfz6unz9f8
and
https://maps.app.goo.gl/JpCF2N3HCBRrGFRV9

I would say you have a pretty powerful case on sign obscuration. In fact, if one studies the signs of 2021, originally the restriction sign was placed behind the tree ! the later view shows it was moved forward, sometime between January and June 2021.

Title: Ealing, code 53J entering a pedestrian zone, Meadvale rd W5.
Post by: silentcal on July 02, 2024, 11:50:43 am

My daughter has always gone to breakfast club and after school club until recently when I started to drop her off at school myself by parking on Meadvale rd which I access via Curzon rd.
I first dropped her off and picked her up on Wednesday 5th June. I did the same on Thursday 6th and Friday 7th. On Monday 10th I dropped my daughter off in the morning but I then found a more convenient place to park so I stopped using Curzon rd and Meadvale rd altogether.

I have since received 5 PCNs:
One for the morning of the 5th.
One for the afternoon of the 6th.
One for the morning of the 7th.
One for the afternoon of the 7th.
One for the morning of the 10th.

After receiving the PCNs I returned to Curzon rd and found there are two signs indicating a pedestrian zone.
The first sign has a tree about a car’s length in front of it which is why I’m guessing I missed it.
The second sign is at the T junction (with Meadvale rd) at the end of Curzon rd on the left corner and is next to a tree. The branches from the tree are partially obscuring it which is why I guess I missed this one.

PCNs:
https://imgur.com/a/6XeXrAD

Curzon rd photos:
https://imgur.com/a/nNN1u7K

What should I do? Should I contest them? Should I pay one but contest the others? I would be eternally grateful for any advice.