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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN Newham London 52m prohibition Royal Albert Way E16
« on: November 07, 2024, 09:37:19 am »
I just want to say a huge thank you to all that helped me with this. My appeal was successful (despite the adjudicator previously refusing on a similar case)!
Adjudicator's Reasons
The appellant attended the telephone hearing of this appeal today. The council did not attend the
hearing (it not being expected to do so).
The contravention alleged in these proceedings was that this vehicle at Royal Albert Way failed to
comply with a prohibition on certain types of vehicle.
Royal Albert Way leads off a roundabout as shown in the council's evidence produced at 'H'. Signage
is illuminated when the prohibition is in force.
The appellant argued that signage was posted on a bend as the motorist exits the roundabout he
being committed to the turn before he was able to note the prohibition that applied.
CCTV camera advance warning signage was posted by the council but no signage giving advance
warning of the prohibition itself.
The council did not in this case produce any images showing the motorist's approach to the turn (it
having done so in a previous appeal I considered arising from this prohibition).
On the council's online footage of the incident it was not clear to me that signage was illuminated.
I could not be satisfied against this background as to the clarity and sufficiency of the council's
signage and I found for that reason that the contravention had not been proved.
Adjudicator's Reasons
The appellant attended the telephone hearing of this appeal today. The council did not attend the
hearing (it not being expected to do so).
The contravention alleged in these proceedings was that this vehicle at Royal Albert Way failed to
comply with a prohibition on certain types of vehicle.
Royal Albert Way leads off a roundabout as shown in the council's evidence produced at 'H'. Signage
is illuminated when the prohibition is in force.
The appellant argued that signage was posted on a bend as the motorist exits the roundabout he
being committed to the turn before he was able to note the prohibition that applied.
CCTV camera advance warning signage was posted by the council but no signage giving advance
warning of the prohibition itself.
The council did not in this case produce any images showing the motorist's approach to the turn (it
having done so in a previous appeal I considered arising from this prohibition).
On the council's online footage of the incident it was not clear to me that signage was illuminated.
I could not be satisfied against this background as to the clarity and sufficiency of the council's
signage and I found for that reason that the contravention had not been proved.