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« on: March 30, 2025, 05:34:53 pm »
Hippocrates, many thanks for your response & help, it is much appreciated.
I am not sure how much of the information given to quote in the appeal, but please see my initial draft below where I have attempted to include any info. which relates to my own PCN. (I do not have the pdf details of Case No: 224043551A, so please advise if that needs to be removed.)
Dear Sir or Madam
Re Penalty Charge Notice: AF3072522A
1. Your website as per the attached screenshot fetters discretion and limits to one ground of representation which flies in the face of the law and the PCN thereby causing confusion.
2. In the 3 pictures provided (2 still photos and 1 video) the signage in question is illegible. (See screenshots attached)
3. The signage pertaining to term time is proscribed and there are no warning signs. (See photo of signage attached)
4. The following case supports the argument of the proscribed sign: Conor Costelloe v London Borough of Merton Case No. 2240078999. The Adjudicator said: But what in my view is rather markedly non-compliant is the legend "School term time" in a separate panel below the grey backed signage.
5. The NOR fails to properly address the issues raised.
6. Further, the application for a review of the above case was refused:
Review decision
Reasons for refusal
“While I agree with a general proposition that an advisory or advance warning sign does not have to be compliant, the issue in this case is not simply about a non-compliant advance warning sign.
It is a reasonable inference that the advance warning sign was installed because motorists intending to turn left may find it difficult to appreciate the restriction before committing to the turn. The advance warning signage must therefore give a clear warning to render the overall signage adequate.
The use of the phrase "during terms times" is not authorised for the simple reason that it requires motorists to know what the term time are so it is just about non-compliance, it is about a lack of clarity as to when the restriction operates.
If an advance warning sign is needed and it is not clear, the Adjudicator is entitled to conclude the overall signage is inadequate.
The application is refused.”
I also rely upon Papjinder Gahir v London Borough of Redbridge Case No: 224043551A and attach the decision as a pdf.
In light of the above, I ask that the appeal be allowed and the PCN cancelled.
Yours faithfully,