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Civil penalty charge notices (Councils, TFL and so on) / Re: Another Barnet 50L Performing prohibited no left turn TILLING RD/Brentfield Gardens NW2
« on: Yesterday at 07:29:19 pm »
Mr Mustard - you are a legend - but I respectfully suggest you think again.
As part of my research I read the ruling on case 2240465350, and if that were the only evidence I would not have contested the PCN. However, case 2250099929 introduced significant new evidence in the form of a map from TFL released under a FOI request. The map clearly shows that the sign and the exact location where the turn would be made is, as a matter of fact, a GLA road.
The adjudicator in case 2250099929 stated:
"There is no evidence before me that would persuade me that the official map provided by Transport for London is wrong. In light of that finding, I find as a fact that the Appellant's vehicle turned left from a GLA road into Brentfield Gardens, and section 4(3) of the 2003 Act requires that in such circumstances the prior written consent of TfL is required before a penalty charge can be served by this Authority"
and the appeal was upheld.
I would urge anyone who receives a PCN to read through case 2250099929 before paying what I am convinced is an unlawfully issued PCN.
I wanted my day in court because I understand that the Tilling Rd/Brentfield Gardens location is one of the biggest PCN revenue sources for Barnet. Laws apply to all - to motorists as well as to councils. The issue in this case is not the quality of the signage, but the legality of the PCN. If the council are required by law to have the written permission of TfL to issue PCNs at that location - as I and the adjudicator of case 2250099929 believe, then they should complete the formalities and obtain it.
As part of my research I read the ruling on case 2240465350, and if that were the only evidence I would not have contested the PCN. However, case 2250099929 introduced significant new evidence in the form of a map from TFL released under a FOI request. The map clearly shows that the sign and the exact location where the turn would be made is, as a matter of fact, a GLA road.
The adjudicator in case 2250099929 stated:
"There is no evidence before me that would persuade me that the official map provided by Transport for London is wrong. In light of that finding, I find as a fact that the Appellant's vehicle turned left from a GLA road into Brentfield Gardens, and section 4(3) of the 2003 Act requires that in such circumstances the prior written consent of TfL is required before a penalty charge can be served by this Authority"
and the appeal was upheld.
I would urge anyone who receives a PCN to read through case 2250099929 before paying what I am convinced is an unlawfully issued PCN.
I wanted my day in court because I understand that the Tilling Rd/Brentfield Gardens location is one of the biggest PCN revenue sources for Barnet. Laws apply to all - to motorists as well as to councils. The issue in this case is not the quality of the signage, but the legality of the PCN. If the council are required by law to have the written permission of TfL to issue PCNs at that location - as I and the adjudicator of case 2250099929 believe, then they should complete the formalities and obtain it.
