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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Kash on May 11, 2025, 01:25:44 pm

Title: Re: Newham - 52m - Failing to comply with a prohibition on certain types of Vehicle (Motor Vehicles)
Post by: Incandescent on May 12, 2025, 11:36:44 pm

Thank you all for your valuable input on this PCN.

Since 1st January 2023, there have been 168 PCNs issued for the same location—Royal Albert Way. Of these, 128 appeals were allowed and 40 were refused, resulting in an appeal success rate of 76.19%.

What I find difficult to understand is why some adjudicators continue to refuse appeals, despite the consistent lack of advance warning signs from any approach to Royal Albert Way. The only signage present appears to be the camera enforcement and prohibition signs. As @Incadecent rightly pointed out, by the time drivers see the diagram 619 sign (as shown in the TSRGD), it’s too late to stop safely, and reversing would pose a serious hazard.

I intend to draw on arguments from the successful appeals—especially those that emphasize the absence of advance warning signs indicating that motor vehicles are prohibited on Royal Albert Way from 11 PM onwards
Indeed. Signs must reflect the TRO. It is in Regulation 18 of Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 (LATOR)
https://www.legislation.gov.uk/uksi/1996/2489/part/III
Title: Re: Newham - 52m - Failing to comply with a prohibition on certain types of Vehicle (Motor Vehicles)
Post by: Kash on May 12, 2025, 03:53:00 pm

Thank you all for your valuable input on this PCN.

Since 1st January 2023, there have been 168 PCNs issued for the same location—Royal Albert Way. Of these, 128 appeals were allowed and 40 were refused, resulting in an appeal success rate of 76.19%.

What I find difficult to understand is why some adjudicators continue to refuse appeals, despite the consistent lack of advance warning signs from any approach to Royal Albert Way. The only signage present appears to be the camera enforcement and prohibition signs. As @Incadecent rightly pointed out, by the time drivers see the diagram 619 sign (as shown in the TSRGD), it’s too late to stop safely, and reversing would pose a serious hazard.

I intend to draw on arguments from the successful appeals—especially those that emphasize the absence of advance warning signs indicating that motor vehicles are prohibited on Royal Albert Way from 11 PM onwards


 
Title: Re: Newham - 52m - Failing to comply with a prohibition on certain types of Vehicle (Motor Vehicles)
Post by: Incandescent on May 12, 2025, 10:00:37 am
The basic problem that was, I think, identified by Carl Teper at London Tribunals, was that the signage was inadequate because it didnt reflect the TRO. There is nowhere that tells you the restricted times on approach, but this is in the TRO.
Title: Re: Newham - 52m - Failing to comply with a prohibition on certain types of Vehicle (Motor Vehicles)
Post by: Enceladus on May 12, 2025, 09:19:39 am
Your attached file 'Video No Sign C.mpg' doesn't seem to work.

Your photo shows the displays showing the 40mph speed limit as you enter Royal Albert Way. This sign changes to the 'flying motorcycle' sign when the 'No Motor Vehicles' prohibition is active. As I recall this is between 11pm - and 03am.

Looks like there is no time-plate.

However your photo does show they've fixed one issue, there is now a sign on the right side of the carriageway. Previously only the one on the left was present.

On the roads approaching the roundabout there are/were CCTV enforcement warning signs. But the signs did not indicate what was being enforced. There were no warning signs that the Royal Albert Way exit might be closed to traffic. It's these signs that need to be checked. Or at least the ones, if any, on the road you joined the roundabout from. Is that the video that doesn't work?

Here is GSV for Atlantis Ave (https://maps.app.goo.gl/WxmNpxoGB5oj6V657) just before the roundabout. Now it tells you that there is CCTV enforcement on Royal Albert Way but not when or why. And is GSV up to date? Has the sign changed?

The advance warning signs are important because there is an argument that you are committed to exiting the roundabout at Royal Albert before you can see the flying motorcycle sign. What are you supposed to do? Stop and reverse back onto the roundabout? This has won at Adjudication.
Title: Re: Newham - 52m - Failing to comply with a prohibition on certain types of Vehicle (Motor Vehicles)
Post by: Kash on May 11, 2025, 02:22:07 pm

@Enceladus Thanks, yes I've these Video and Image

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Title: Re: Newham - 52m - Failing to comply with a prohibition on certain types of Vehicle (Motor Vehicles)
Post by: Enceladus on May 11, 2025, 01:40:48 pm
The prohibition is part-time. The sign you passed is a multi-function display that shows the speed limit except when the prohibition applies, 23:00 to 03:00 Mon-Sun maybe? I'm not certain on the times?

Are you able to return to the site and get some photos of the warning signs on the approaches to the roundabout? Last I checked they were CCTV warning signs but they didn't say for what exactly? There are suggestions that the Council has updated these advanced warning signs in response to lost cases at Adjudication.

And you will have to appeal to the Adjudicator.
Title: Newham - 52m - Failing to comply with a prohibition on certain types of Vehicle (Motor Vehicles)
Post by: Kash on May 11, 2025, 01:25:44 pm

Deal All,


I’ve just received a Penalty Charge Notice (PCN) for allegedly failing to comply with a "prohibition on motor vehicles" (contravention code 52m) on Royal Albert Way E16 / Gallions Roundabout E16. The incident is recorded as happening on 25/04/2025 at 23:19.

I was genuinely unaware of any restriction at the time. After receiving the notice, I went back to the location to check for signage—but couldn’t find any clear or visible signs indicating a restriction for motor vehicles. To be thorough, I even recorded a video of my approach and entry onto Royal Albert Way to document what I saw (or didn’t see).

This seems really unfair if the signage isn’t clearly marked, especially for drivers unfamiliar with the area or driving at night. Has anyone else experienced something similar at this location?

Any advice on appealing this would be appreciated.

I have attached PCN and all the council's pictures, videos and the video that I made.

[attach=1][attachimg=1]

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