#13 Re: Brent, code 53 failing to comply with a restriction, Mora Rd/junc. with St. Michael's Rd
on 06 Apr, 2025 15:22 in Civil penalty charge notices (Councils, TFL and so on)
Quote from: Incandescent on 05 Apr, 2025 18:42Quoteadequate information You have to demonstrate to an adjudicator that the signage is inadequate. The problem with what is adequate and what is not, is subjective. The council will always refuse your reps, because they won't consider their own signage as anything less than perfect.Here's what I submitted.Regulation 18 (1) of The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996:"(a)before the order comes into force, the placing on or near the road of such traffic signs in such positions as the order making authority may consider requisite for securing that adequate information as to the effect of the order is made available to persons using the road;"If you look at the placement of the restriction signs relative to the road junction, these signs aren't clearly legible when approaching the junction from St. Michael's Road, as happened in this instance, therefore there is only reliance on the advance warning sign, and the advance warming sign falls short of the required standard as it is bent out of shape, as evidenced in photos https://ibb.co/gZDgWN4H https://ibb.co/xKP98Jpr and https://ibb.co/p6kxxd6H https://ibb.co/LzpBddWj shows that the nearside restriction sign placement is "side on" from St. Michael's Road, and therefore illegible. It also shows the far side sign is too close to the junction, under a metre from the kerb, and in order to read it before passing it, the driver would need to be looking out of the side window, instead of the windscreen, when taking the right turn from St. Michael's Road to Mora Road. This is evidenced here: https://ibb.co/LhBzgF4X and the opposite perspective is shown here: https://ibb.co/Q7swJr27Further, the camera evidence doesn't show any of the restriction signs - it simply shows a vehicle driving down a road at a given time.In summary, the advance warning sign is damaged, one restriction sign cannot be read at all due to it being side on to St. Michael's Road, and the third restriction sign could only be read if not looking in the direction of travel, i.e., if driving without due care and attention, and that too only for a very brief moment during the right turn before that sign too becomes illegible as it would be side on. Without adequate information being presented to the driver, the offence did not occur and the PCN should be cancelled.I note also that the website only allowed me to submit a general representation; it didn't have the various options that the form had. Please see https://ibb.co/Y5MTHz3