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Messages - BertieBath

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Good evening — just sharing some good news!

TfL issued a Charge Certificate and increased the penalty earlier than legally permitted. I appealed, and the Enforcement Authority has informed the Tribunal it will not contest my appeal against the PCN.

Huge thanks to everyone who offered advice, and especially to @cp8759 (Ivan Murray-Smith) for helping me demonstrate that this PCN was simply wrong. Much appreciated!

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Have you requested the DVD because this is TfL's primary evidence and would carry most weight with adjudicators. The facts of your case, not hypothetical possibilities and aged GSV.

I haven't! I must admit I do not even know where to start :) I will have a look as to how request this. Can you clarify: by DVD you mean the footage (online) or the actual disc? And does that need to be requested to a specific department?

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I appreciate the chances are slim and adjudicators have always sided with TFL on this. 'Adequacy' is open to interpretation and TFL have no obligation to improve the current signage.

I will first focus on the wording of PCN itself: I managed to be in touch with the great cp8759 and there are at least two avenues which are looking promising to get the PCN cancelled!

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I draw attention to the fact that the signage is not merely cluttered — it is compromised by design. Having checked again on maps the 2t restriction sign is visually obstructed by the infrastructure installed to enforce it (the advisory sign - which is not visible from the roundabout with live traffic). The central sign is covered by gantry poles, vehicle height warning equipment, and other road furniture. Drivers in both approach lanes face an obscured or peripheral view of this critical restriction. Unlike the 2.0m height limit, which is duplicated clearly on both sides and above, the 2t restriction is not repeated or given equal prominence. If a restriction is not fully visible and legible from all approach positions, it cannot be said to be adequately conveyed under Regulation 18 of the LATOR 1996.

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That misunderstanding is actually part of the problem: the signage doesn’t specify “GVW”.

Also worth pointing out: older TfL signage for the Rotherhithe Tunnel did clearly state “GVW” — see this official TfL press image:
🔗 https://tfl-newsroom.prgloo.com/resources/various-restrictions-in-place-at-rotherhithe-tunnel-pn120

So TfL previously used signage that clarified the restriction as applying to Gross Vehicle Weight. The current version omits this completely — a regression in clarity and compliance, which surely raises questions about whether it meets the legal standard of “adequate information” under LATOR Regulation 18.

On another note, the PCN description reads (sic):

“Failing to comply with a prohibition on certain types of vehicle goods vehicles exceeding max gross weight indicated”

This sentence is grammatically and syntactically defective — there’s no punctuation or clause break between “certain types of vehicle” and “goods vehicles exceeding max gross weight”.

Moreover, it refers to “max gross weight indicated”, yet the current sign doesn’t actually indicate GVW.

Could both the unclear PCN wording and the omission of “GVW” from the sign contribute to a challenge based on procedural impropriety and/or signage inadequacy?

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Thanks @H C Andersen — that’s helpful context. Yet the signage itself does not state that the 2t refers to Gross Vehicle Weight (GVW). It simply shows a goods vehicle icon with “2t”, which could reasonably be interpreted by a driver as Unladen weight. Considering my van had the partition wall removed, I reasonably assumed it's approximately 2t.

@Pastmybest: where do I find cp5789?

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Thanks all. You're right that adjudicators seem to have largely waved these cases through — but perhaps that’s exactly why it’s worth testing. The signage at Rotherhithe isn’t just busy — it’s absurdly cluttered, inconsistent in purpose (structural vs environmental), and arguably misleading by design.

Regulation 18 might give authorities a wide margin of discretion — but surely that discretion isn’t limitless. “Adequate” has to mean more than just technically present, especially when a driver is confronted with 12+ symbols in live traffic, and the key restriction is clearly :

- Too small

- Visually ambiguous (a 2t inside a stylised Luton van icon?)

- Not repeated at the point of enforcement

Even if other appeals haven’t succeeded, maybe it’s time this one landed on the desk of an adjudicator willing to look at the real-world effect of what’s effectively become a legalised trap. If nothing else, it might shake the system loose from its automated assumptions.

Out of interest — if I appeal within the 14-day window, what exactly do I stand to lose?

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Totally agree that the key test here is adequacy,

More images to consider:
https://imgur.com/a/ZuiBX7d

Looking again at the approach signage, I’d argue the 2t weight limit fails the adequacy test for several reasons:

- It’s small, non-standalone, and buried among over 12 regulatory signs on a cluttered board. There’s no visual emphasis (compared to the bold 2.0m restrictions that dominate the layout)

- There’s no duplication of the 2t sign for drivers in the left-hand lane. In real traffic, it’s obscured by taller vehicles or queueing traffic.

- Driver attention is already maxed out. Between the overhead gantry, height panels, boom barriers, speed limit signs, average speed camera warnings, and diverging lanes, it becomes impossible to spot and interpret the weight restriction in time to take action.

- The actual tunnel entrance is well beyond the initial signage and barrier. The “restrictions ahead” board appears at the narrowing. But once you’ve passed the barrier system, you’re fully committed, with no physical or legal way to turn around.
The 2.0m height restriction is repeated on the archway above the tunnel. But there’s no repetition of the 2t weight limit at the tunnel entrance — where the actual restriction would logically apply.

Can I reasonably argue that the sign clutter board is advisory only, and not a valid placement of a mandatory regulatory sign, as required under TSRGD Direction 8 and LATOR Regulation 18?

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Thanks both. I agree the 2t sign is not at all adequate to convey the restriction - it's small and surrounded by too many other signs. The Luton Van is simply misleading.

I’ll take a proper look at the signage references you've pointed out and will also check the Tribunal Register for similar cases.

In the meantime, does anyone happen to know if tunnels are subject to any additional requirements for signage or restrictions? I'm particularly curious about:

Whether overhead signs are required for tunnels or dual-lane approaches?

Also just wondering — in cases where signs were technically compliant but poorly placed, obscured by traffic, or not duplicated across lanes, has anyone come across a PCN being overturned at adjudication on those grounds?

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Thanks for the reply. I understand these can be tough to challenge, but I wonder if we could focus on whether the mandatory restriction signs are indeed compliant in terms of placement and visibility.

Given there are two lanes entering the tunnel, can anyone advise:

(1) Are weight/width/height restriction signs legally required to appear on both sides of the carriageway?

(2) What are the minimum size/dimensions for a 2t unladen weight restriction sign under TSRGD or DfT guidance?

And does embedding the “2t” inside a lorry icon meet the required clarity and prominence for mandatory restrictions (as it is surrounded by other restrictions)?

Grateful for any further insight on this.

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Hi all,

I’ve received a TfL PCN for allegedly breaching the 2-tonne unladen weight restriction in the Rotherhithe Tunnel, while driving a 2008 VW Crafter (SWB) during rush hour.

Key Points:

    • My vehicle’s unladen weight is approx. 2,030 kg — just over the limit, but I was genuinely unaware at the time. I was driving alone, with no passengers or cargo.

    • I remember seeing multiple signs about the 2m height/width restrictions, but nothing that clearly indicated a weight limit. Having now reviewed Google Maps, I can see there is a sign, but it’s a small “2t” inside a lorry icon, which is not really clear or obvious for drivers (especially coming from the big roundabout south of the tunnel during rush hour).

    • The van passed through the 2m barriers without issue, reinforcing the impression that my vehicle was fully compliant.

I know this topic has come up before, but every case is different and I’d be hugely grateful for advice on:

    • Whether the signage meets regulatory standards, especially in terms of visibility and clarity.

    • Any technical or legal grounds I might raise in my representation to TfL (e.g. signage inadequacy, traffic order issues, procedural flaws).

Evidence:

    • PCN: https://imgur.com/a/USHI5Ax
    • Tunnel signage: https://imgur.com/a/9eeAIWs

Thanks so much in advance!
Bertie

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A quick update: the representation has been accepted and TFL cancelled the PCN! Thanks so much for the precious advice!

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Great! Thanks.

I selected, MITIGATING FACTORS.

Fingers crossed now!

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Thanks - any suggestion on improving the wording of this draft please

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I’m reaching out because I’m in a difficult situation and urgently need your advice!

I received a Penalty Charge Notice (PCN) from Transport for London (TfL) for not paying the ULEZ charge on 11th July 2024. The problem is, I did pay the charge for 11th July 2024, but I mistakenly paid it for the wrong vehicle: my car (WP14 XUD) instead of my van (BL08 LLZ), which was the vehicle I was actually using in the ULEZ zone.

To make things worst, I have been abroad since end July, and only today my neighbour sent me a picture of the PCN, but due to being out of the country, I just missed the deadline to appeal before paying £270.

I’m really worried about how I should proceed. I can of course write a letter to TfL, explaining the situation and requesting a cancellation or reduction of the penalty as it is a genuine mistake, but since the deadline has passed, I’m not sure what my options are.

Could you please offer me some advice on how to approach this? I want to make sure I handle it in the best possible way, and I’d really appreciate your guidance.

ULEZ PCN

Payment Receipt

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