Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - SunSunSuu

Pages: [1]
1
Hey! Hippocrates is right they cannot serve a charge certificate 28 days from the date of the notice. By law, you have 28 days from the Date of Service (when it arrives) to challenge it. By saying they can increase the charge 28 days from the Date of Notice, they are effectively threatening to fine you more before your legal window to challenge has actually expired. You can cancel it under ground of procedural impropriety. You have to read into the law for London Local Authorities and Transport for London Act 2003. In essence look below:

This is your right to make representation 28 days on serving.
https://www.legislation.gov.uk/ukla/2003/3/schedule/1/enacted
Under Schedule 1, Paragraph 5 (2)(a) of the 2003 Act:
"Charge certificates

5(2)The relevant period, in relation to a penalty charge notice is the period of 28 days beginning—

(a)where no representations are made under paragraph 1 above, with the date on which the penalty charge notice is served;"
_____________________________________

This is 28 days after notice.
https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted
Under Section 4, Paragraph 4 (8)(a)(iii)(v)(viii) of the 2003 Act:
"(8)A penalty charge notice under this section must—

(a)state—

(iii)that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;

(v)that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable;

(viii)that the person on whom the notice is served may be entitled to make representations under paragraph 1 of Schedule 1 to this Act; and"
_________________________________

Therefore:

The PCN is non-compliant with Section 4(8) of the 2003 Act.

Conflation of Dates: The PCN incorrectly states that a Charge Certificate may be issued 28 days from the Date of Notice. Under the Act, a Charge Certificate can only be issued after 28 days from the Date of Service.

Prejudice: This wording is confusing and prejudices the recipient by suggesting the time to pay/challenge is shorter than it legally is.

The PCN is defective as it fails to comply with the mandatory requirements of Section 4 (8)(a) of the London Local Authorities and Transport for London Act 2003. By stating a Charge Certificate may be issued 28 days from the Date of Notice, the authority is threatening to increase the charge before the statutory period for making representations (28 days from the Date of Service as per Schedule 1) has expired. This conflation of periods creates a lack of clarity and constitutes a procedural impropriety.
_________________________________

You can read a post Hippocrates managed to get appealed:
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/53j-failing-to-comply-with-a-restriction-on-vehicles-entering-a-pedest-10716/msg118293/#msg118293
Here is a drive link he has on it too
https://drive.google.com/file/d/1WSBVHktf6Yu3twJANacn8mmlTQKt1-t_/view

You can appeal first, but most likely they will deny it and make you pay as the london council and government are out for your money with no care of context or situation. It'll most likely be tribunal where they'll appeal it.

2
Always Appeal. If they deny you, you still get the time to pay at the discounted rate but even then, push for the tribunal. We are unfortunetly dealing with a corrupt system that tries to fleece money out of working people, builds a system that actively works against you to get the money back, and new ways for you to break rules so they have the legal reason to pursue you for money. Treat them like thugs under the guise of "law and order"

If the main sign which has all the important information is too high you can argue that its not visible to you and it breaks the TSRGD regulations. Along with this being a busy road with buses covering the early warning signs, pedestrians crossing, cars parking or leaving, this would be highly distracting. You may not have enough time to read this sign and with the blue sign below being more distinct, you would catch it first before reading the important information.
 
You can also argue the sign at the road turning isnt visible until you make the turn, checking google maps its only eligible when your on the turn. By then you have a yellow box to deal with, oncoming cars and not enough time or space to reasonably avoid the road. The signage is displayed in such a way that a motorist not able to safely take evasive action to avoid the prohibited route, trying to stop in the middle of the road when turning into the road would cause accidents with oncoming traffic, as well as a PCN in the yellow box. Trying to back out would do the same with opposite traffic. This would create an entrapment situation.

Those early warning signs are right next to the bus stop, you get 2, 3 or 4 buses that would park behind the stop therefore covering it. Absence of dashcam footage doesnt mean this didnt happen, especially if you can photograph the buses there at some point during the day.

Also state the camera doesnt show what a real life motorist would see when driving down this road, for example those pre warning signs being covered, not on the side which a driver would see or not being at eye level like those on the actual road.

Go onto the tribunals website and find other people who have successfully appealed this based on those ground and use it as an added reference.

If the council want your money, make them work for it at the very least.

3
hi is there any update on this please?

Hi Ray, read the message above posted by Hippocrates. Might be able to get out of it with that response. This also means having to most likely have the council deny your first appeal and going to the tribunal. It is also best to argue you did not see the signs due to a large van infront so there was not enough warning and when making the turn, there is not enough time to read the signage without stopping in the middle of the road or doing an unsafe procedure. Arguing also that you turned in due to a safety issue works too but most likely they'll reject it as the councils are trying to find ways to get money out of the working people.

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/lb-havering-code-31j-entering-and-stopping-in-a-box-junction/msg97394/#msg97394

"The PCN is missing mandatory information as provided at Para. 4 (8 ) (v) of


https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted

(v)that, if the penalty charge is not paid before the end of the 28 day period, an increased

charge may be payable.

Clearly, this refers to Para. 4 (8 ) (iii):

(iii)that the penalty charge must be paid before the end of the period of 28 days beginning

with the date of the notice;

Therefore, it follows that the statement: "If you fail to pay the Penalty Charge or make representations before the end of a period of 28 days beginning with the date of service of this notice an increased charge of £240 may be payable” adds to the lack of clarity by its omission. Even on its own, whether the required information was included or not, it is also arguable that it conflates the two periods using the word "or" which many would view as being conjunctive. Furthermore, even if the statement were to be interpreted disjunctively, there is still no clarity due to the missing information. So, it follows that it cannot possibly be interpreted disjunctively."

If you follow the post you can see he won an appeal. He linked it with a GDrive too: https://drive.google.com/file/d/1WSBVHktf6Yu3twJANacn8mmlTQKt1-t_/view

Have a read and see if your letter has the same exact wording

4
Heyo dunno if you managed to win but, i got this same PCN and decided to fight it. They denied my initial appeal and and i'm now formally challenging it. However in doing my research i have found someone has already appeal and won through this location for station parade barking:

https://londontribunals.org.uk/ords/pwslive/f?p=14952:70::INITIALISE::70:P70_CAS_REFNO,P70_PCN_REFNO,P70_RETURN_PAGE,P70_AST_CODE:1560981,2934024,60,APPEAL&cs=3H7-QAGGBgo46pi6iU1kXG-y4f42hNViXVMZPwLIUNyDq6zVCnBeJreOMW8b-JSDVeoVQaXNsgP5T50WZpiuYig

the case reference is 2230142184

"Mr Oliviera attended today.
The CCTV footage shows the appellant’s car drive past signs on each side of the carriageway in Station Parade that indicate that motor vehicles are prohibited. The appellant accepts that he drove past the signs however he argues that there is insufficient warning of the restriction and that by the time a driver sees the signs it is not possible to easily make a U turn. The appellant provides images from google street view in support of his argument. During the hearing I looked at google street view images from March 2022.
The local authority argues that there is sufficient warning of the restriction and that the signs are clear.
The appellant drove from Linton Road and turned right into Cambridge Road. At the junction of Cambridge Road and Station Parade it is not permitted to turn right as there is a pedestrian zone. The no motor vehicles signs are a short distance after a driver turns left. I find that the signs are not visible before a driver turns left.
The local authority provides a photograph of a warning sign in Linton Road. The sign indicates that there is no left turn at the first turning on the left and that all other routes are the second turn on the left. Straight ahead is access to Linton Road only. The road on the right is prohibited to vehicles over 7.5 tonnes except for buses and Vicarage Fields. The sign indicates that the station is to the right. Mr Oliviera was driving to the station.
I find that the warning sign in Linton Road relates only to vehicles over 7.5 tonnes and not to all motor vehicles. I find that the sign does not clearly indicate that all motor vehicles need to take the second turn on the left.
There is an additional yellow warning sign that states no access to Station Parade from Cambridge Road. Mr Oliviera argues that a driver might not know the names of the roads.
Although there is no obligation for any warning sign in this case if a motorist reaches the junction of Cambridge Road and Station Parade they see a sign indicating that there is a pedestrian zone on the right. The no motor vehicles signs are a short distance from the left turn. The road is outside a station and opposite a car park ramp and it does not appear to be a place where it would appropriate to carry out a U turn. I find that the sign in Linton Road does not give adequate warning of the restriction and that in the absence of clear warning I find that the overall signage for the restriction in Station Parade is unclear.
I allow this appeal."

Ill inform on my appeal to but heres what i said is:
"I appeal on the ground that the alleged contravention did not occur because the signage at Station Parade, Barking, fails to adequately convey the restriction to motorists approaching the location and creates an entrapment situation where compliance is impossible once committed.

Under Regulation 18(1) of the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 and Regulation 10(1) of the Traffic Signs Regulations and General Directions 2016 (TSRGD), the authority must ensure that restrictions are clearly indicated and visible in time for drivers to comply safely. The Traffic Signs Manual (Chapter 3, paras 1.21 & 3.1.2) states that regulatory signs must provide adequate advance warning where immediate compliance would be unsafe or impracticable.

At Station Parade, the “No Motor Vehicles – Except buses, taxis and cycles” sign is positioned only after a driver has already turned, leaving no safe or lawful way to turn around. There is no adequate advance warning, and once the sign becomes visible, the motorist is effectively trapped. This layout has created an ongoing entrapment location that has caught many otherwise law-abiding drivers who cannot reasonably comply.

Furthermore, the enforcement authority failed to properly consider my earlier representation as required by Schedule 1, Paragraph 5(2) of the London Local Authorities and Transport for London Act 2003. My challenge specifically raised the inadequate signage, absence of advance warning, and unsafe layout. The council’s rejection addressed only my reference to Google Maps, ignoring the substantive signage issues. This constitutes a failure to consider and therefore a procedural impropriety.

This same restriction and layout have already been ruled inadequate by the Adjudicator in Case 2230142184 (Vitor Da Silva Oliveira v London Borough of Barking and Dagenham, 27 March 2023). In that case, the Adjudicator found that the signs are not visible before a driver turns, that the advance sign on Linton Road does not give adequate warning, and that the overall signage for Station Parade is unclear. The Adjudicator also observed that a driver cannot make a safe U-turn once committed. As the conditions remain unchanged, the same reasoning applies here.

For these reasons, the signage fails to provide adequate advance warning, the layout creates an unavoidable entrapment situation, and the council failed to properly consider my representations."

I won, they apparently postponed my decision by over 3 months. Im going to see if i can get some money off the council with this too as they need to get a good kicking. Tbh most councils need a kicking for being entirely little corrupt thugs posing as law and order.

Adjudicator's Reasons Mr SunSunSuu's appeals against this PCN because he says that the signage for this prohibited route is not adequate to alert drivers to the restrictions and I agree. I have looked at the CCTV footage and site images from the Council. There is a no entry to motor vehicles sign placed on either side of the road in Station Parade. I am not, however, satisfied that this signage is adequate to alert motorists to the restrictions. The signage is adjacent to a long bus stop which means that the motorist is not travelling in the nearside lane with the signage in their direct eyeline. Also, the signage is no entry to motor vehicles except for buses, taxis and cycles. Placing this sign adjacent to a bus stop must carry the risk that a motorist seeing the sign will associate it with the long bus stop area and not with the main carriageway. There is an advance warning plate for no access to Station Parade via Cambridge Road but this is of little assistance to a motorist who is unfamiliar with the location. It is also essential that signage is displayed in such a way that a motorist is able to safely take evasive action to avoid the prohibited route and I am not satisfied that such is the case at this location. This is a busy road with bus stops on either side and there is no escape from the prohibited route other than to stop in the middle of the road to try to turn round. Sean Stanton-Dunne Adjudicator 11th March 2026 2250600882 BZ82355041

5
Hey guys, i got this same PCN and decided to fight it. They denied my initial appeal and and i'm now formally challenging it. However in doing my research i have found someone has already appeal and won through this location for station parade barking:

https://londontribunals.org.uk/ords/pwslive/f?p=14952:70::INITIALISE::70:P70_CAS_REFNO,P70_PCN_REFNO,P70_RETURN_PAGE,P70_AST_CODE:1560981,2934024,60,APPEAL&cs=3H7-QAGGBgo46pi6iU1kXG-y4f42hNViXVMZPwLIUNyDq6zVCnBeJreOMW8b-JSDVeoVQaXNsgP5T50WZpiuYig

the case reference is 2230142184

"Mr Oliviera attended today.
The CCTV footage shows the appellant’s car drive past signs on each side of the carriageway in Station Parade that indicate that motor vehicles are prohibited. The appellant accepts that he drove past the signs however he argues that there is insufficient warning of the restriction and that by the time a driver sees the signs it is not possible to easily make a U turn. The appellant provides images from google street view in support of his argument. During the hearing I looked at google street view images from March 2022.
The local authority argues that there is sufficient warning of the restriction and that the signs are clear.
The appellant drove from Linton Road and turned right into Cambridge Road. At the junction of Cambridge Road and Station Parade it is not permitted to turn right as there is a pedestrian zone. The no motor vehicles signs are a short distance after a driver turns left. I find that the signs are not visible before a driver turns left.
The local authority provides a photograph of a warning sign in Linton Road. The sign indicates that there is no left turn at the first turning on the left and that all other routes are the second turn on the left. Straight ahead is access to Linton Road only. The road on the right is prohibited to vehicles over 7.5 tonnes except for buses and Vicarage Fields. The sign indicates that the station is to the right. Mr Oliviera was driving to the station.
I find that the warning sign in Linton Road relates only to vehicles over 7.5 tonnes and not to all motor vehicles. I find that the sign does not clearly indicate that all motor vehicles need to take the second turn on the left.
There is an additional yellow warning sign that states no access to Station Parade from Cambridge Road. Mr Oliviera argues that a driver might not know the names of the roads.
Although there is no obligation for any warning sign in this case if a motorist reaches the junction of Cambridge Road and Station Parade they see a sign indicating that there is a pedestrian zone on the right. The no motor vehicles signs are a short distance from the left turn. The road is outside a station and opposite a car park ramp and it does not appear to be a place where it would appropriate to carry out a U turn. I find that the sign in Linton Road does not give adequate warning of the restriction and that in the absence of clear warning I find that the overall signage for the restriction in Station Parade is unclear.
I allow this appeal."

Ill inform on my appeal to but heres what i said is:
"I appeal on the ground that the alleged contravention did not occur because the signage at Station Parade, Barking, fails to adequately convey the restriction to motorists approaching the location and creates an entrapment situation where compliance is impossible once committed.

Under Regulation 18(1) of the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 and Regulation 10(1) of the Traffic Signs Regulations and General Directions 2016 (TSRGD), the authority must ensure that restrictions are clearly indicated and visible in time for drivers to comply safely. The Traffic Signs Manual (Chapter 3, paras 1.21 & 3.1.2) states that regulatory signs must provide adequate advance warning where immediate compliance would be unsafe or impracticable.

At Station Parade, the “No Motor Vehicles – Except buses, taxis and cycles” sign is positioned only after a driver has already turned, leaving no safe or lawful way to turn around. There is no adequate advance warning, and once the sign becomes visible, the motorist is effectively trapped. This layout has created an ongoing entrapment location that has caught many otherwise law-abiding drivers who cannot reasonably comply.

Furthermore, the enforcement authority failed to properly consider my earlier representation as required by Schedule 1, Paragraph 5(2) of the London Local Authorities and Transport for London Act 2003. My challenge specifically raised the inadequate signage, absence of advance warning, and unsafe layout. The council’s rejection addressed only my reference to Google Maps, ignoring the substantive signage issues. This constitutes a failure to consider and therefore a procedural impropriety.

This same restriction and layout have already been ruled inadequate by the Adjudicator in Case 2230142184 (Vitor Da Silva Oliveira v London Borough of Barking and Dagenham, 27 March 2023). In that case, the Adjudicator found that the signs are not visible before a driver turns, that the advance sign on Linton Road does not give adequate warning, and that the overall signage for Station Parade is unclear. The Adjudicator also observed that a driver cannot make a safe U-turn once committed. As the conditions remain unchanged, the same reasoning applies here.

For these reasons, the signage fails to provide adequate advance warning, the layout creates an unavoidable entrapment situation, and the council failed to properly consider my representations."

I won, they apparently postponed my decision by over 3 months. Im going to see if i can get some money off the council with this too as they need to get a good kicking. Tbh most councils need a kicking for being entirely little corrupt thugs posing as law and order.

Adjudicator's Reasons Mr SunSunSuu's appeals against this PCN because he says that the signage for this prohibited route is not adequate to alert drivers to the restrictions and I agree. I have looked at the CCTV footage and site images from the Council. There is a no entry to motor vehicles sign placed on either side of the road in Station Parade. I am not, however, satisfied that this signage is adequate to alert motorists to the restrictions. The signage is adjacent to a long bus stop which means that the motorist is not travelling in the nearside lane with the signage in their direct eyeline. Also, the signage is no entry to motor vehicles except for buses, taxis and cycles. Placing this sign adjacent to a bus stop must carry the risk that a motorist seeing the sign will associate it with the long bus stop area and not with the main carriageway. There is an advance warning plate for no access to Station Parade via Cambridge Road but this is of little assistance to a motorist who is unfamiliar with the location. It is also essential that signage is displayed in such a way that a motorist is able to safely take evasive action to avoid the prohibited route and I am not satisfied that such is the case at this location. This is a busy road with bus stops on either side and there is no escape from the prohibited route other than to stop in the middle of the road to try to turn round. Sean Stanton-Dunne Adjudicator 11th March 2026 2250600882 BZ82355041

6
Hey guys, i got this same PCN and decided to fight it. They denied my initial appeal and and i'm now formally challenging it. However in doing my research i have found someone has already appeal and won through this location for station parade barking:

https://londontribunals.org.uk/ords/pwslive/f?p=14952:70::INITIALISE::70:P70_CAS_REFNO,P70_PCN_REFNO,P70_RETURN_PAGE,P70_AST_CODE:1560981,2934024,60,APPEAL&cs=3H7-QAGGBgo46pi6iU1kXG-y4f42hNViXVMZPwLIUNyDq6zVCnBeJreOMW8b-JSDVeoVQaXNsgP5T50WZpiuYig

the case reference is 2230142184

"Mr Oliviera attended today.
The CCTV footage shows the appellant’s car drive past signs on each side of the carriageway in Station Parade that indicate that motor vehicles are prohibited. The appellant accepts that he drove past the signs however he argues that there is insufficient warning of the restriction and that by the time a driver sees the signs it is not possible to easily make a U turn. The appellant provides images from google street view in support of his argument. During the hearing I looked at google street view images from March 2022.
The local authority argues that there is sufficient warning of the restriction and that the signs are clear.
The appellant drove from Linton Road and turned right into Cambridge Road. At the junction of Cambridge Road and Station Parade it is not permitted to turn right as there is a pedestrian zone. The no motor vehicles signs are a short distance after a driver turns left. I find that the signs are not visible before a driver turns left.
The local authority provides a photograph of a warning sign in Linton Road. The sign indicates that there is no left turn at the first turning on the left and that all other routes are the second turn on the left. Straight ahead is access to Linton Road only. The road on the right is prohibited to vehicles over 7.5 tonnes except for buses and Vicarage Fields. The sign indicates that the station is to the right. Mr Oliviera was driving to the station.
I find that the warning sign in Linton Road relates only to vehicles over 7.5 tonnes and not to all motor vehicles. I find that the sign does not clearly indicate that all motor vehicles need to take the second turn on the left.
There is an additional yellow warning sign that states no access to Station Parade from Cambridge Road. Mr Oliviera argues that a driver might not know the names of the roads.
Although there is no obligation for any warning sign in this case if a motorist reaches the junction of Cambridge Road and Station Parade they see a sign indicating that there is a pedestrian zone on the right. The no motor vehicles signs are a short distance from the left turn. The road is outside a station and opposite a car park ramp and it does not appear to be a place where it would appropriate to carry out a U turn. I find that the sign in Linton Road does not give adequate warning of the restriction and that in the absence of clear warning I find that the overall signage for the restriction in Station Parade is unclear.
I allow this appeal."

Ill inform on my appeal to but heres what i said is:
"I appeal on the ground that the alleged contravention did not occur because the signage at Station Parade, Barking, fails to adequately convey the restriction to motorists approaching the location and creates an entrapment situation where compliance is impossible once committed.

Under Regulation 18(1) of the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 and Regulation 10(1) of the Traffic Signs Regulations and General Directions 2016 (TSRGD), the authority must ensure that restrictions are clearly indicated and visible in time for drivers to comply safely. The Traffic Signs Manual (Chapter 3, paras 1.21 & 3.1.2) states that regulatory signs must provide adequate advance warning where immediate compliance would be unsafe or impracticable.

At Station Parade, the “No Motor Vehicles – Except buses, taxis and cycles” sign is positioned only after a driver has already turned, leaving no safe or lawful way to turn around. There is no adequate advance warning, and once the sign becomes visible, the motorist is effectively trapped. This layout has created an ongoing entrapment location that has caught many otherwise law-abiding drivers who cannot reasonably comply.

Furthermore, the enforcement authority failed to properly consider my earlier representation as required by Schedule 1, Paragraph 5(2) of the London Local Authorities and Transport for London Act 2003. My challenge specifically raised the inadequate signage, absence of advance warning, and unsafe layout. The council’s rejection addressed only my reference to Google Maps, ignoring the substantive signage issues. This constitutes a failure to consider and therefore a procedural impropriety.

This same restriction and layout have already been ruled inadequate by the Adjudicator in Case 2230142184 (Vitor Da Silva Oliveira v London Borough of Barking and Dagenham, 27 March 2023). In that case, the Adjudicator found that the signs are not visible before a driver turns, that the advance sign on Linton Road does not give adequate warning, and that the overall signage for Station Parade is unclear. The Adjudicator also observed that a driver cannot make a safe U-turn once committed. As the conditions remain unchanged, the same reasoning applies here.

For these reasons, the signage fails to provide adequate advance warning, the layout creates an unavoidable entrapment situation, and the council failed to properly consider my representations."

I won, they apparently postponed my decision by over 3 months. Im going to see if i can get some money off the council with this too as they need to get a good kicking. Tbh most councils need a kicking for being entirely little corrupt thugs posing as law and order.

Adjudicator's Reasons Mr SunSunSuu's appeals against this PCN because he says that the signage for this prohibited route is not adequate to alert drivers to the restrictions and I agree. I have looked at the CCTV footage and site images from the Council. There is a no entry to motor vehicles sign placed on either side of the road in Station Parade. I am not, however, satisfied that this signage is adequate to alert motorists to the restrictions. The signage is adjacent to a long bus stop which means that the motorist is not travelling in the nearside lane with the signage in their direct eyeline. Also, the signage is no entry to motor vehicles except for buses, taxis and cycles. Placing this sign adjacent to a bus stop must carry the risk that a motorist seeing the sign will associate it with the long bus stop area and not with the main carriageway. There is an advance warning plate for no access to Station Parade via Cambridge Road but this is of little assistance to a motorist who is unfamiliar with the location. It is also essential that signage is displayed in such a way that a motorist is able to safely take evasive action to avoid the prohibited route and I am not satisfied that such is the case at this location. This is a busy road with bus stops on either side and there is no escape from the prohibited route other than to stop in the middle of the road to try to turn round. Sean Stanton-Dunne Adjudicator 11th March 2026 2250600882 BZ82355041

7
Heyo dunno if you managed to win but, i got this same PCN and decided to fight it. They denied my initial appeal and and i'm now formally challenging it. However in doing my research i have found someone has already appeal and won through this location for station parade barking:

https://londontribunals.org.uk/ords/pwslive/f?p=14952:70::INITIALISE::70:P70_CAS_REFNO,P70_PCN_REFNO,P70_RETURN_PAGE,P70_AST_CODE:1560981,2934024,60,APPEAL&cs=3H7-QAGGBgo46pi6iU1kXG-y4f42hNViXVMZPwLIUNyDq6zVCnBeJreOMW8b-JSDVeoVQaXNsgP5T50WZpiuYig

the case reference is 2230142184

"Mr Oliviera attended today.
The CCTV footage shows the appellant’s car drive past signs on each side of the carriageway in Station Parade that indicate that motor vehicles are prohibited. The appellant accepts that he drove past the signs however he argues that there is insufficient warning of the restriction and that by the time a driver sees the signs it is not possible to easily make a U turn. The appellant provides images from google street view in support of his argument. During the hearing I looked at google street view images from March 2022.
The local authority argues that there is sufficient warning of the restriction and that the signs are clear.
The appellant drove from Linton Road and turned right into Cambridge Road. At the junction of Cambridge Road and Station Parade it is not permitted to turn right as there is a pedestrian zone. The no motor vehicles signs are a short distance after a driver turns left. I find that the signs are not visible before a driver turns left.
The local authority provides a photograph of a warning sign in Linton Road. The sign indicates that there is no left turn at the first turning on the left and that all other routes are the second turn on the left. Straight ahead is access to Linton Road only. The road on the right is prohibited to vehicles over 7.5 tonnes except for buses and Vicarage Fields. The sign indicates that the station is to the right. Mr Oliviera was driving to the station.
I find that the warning sign in Linton Road relates only to vehicles over 7.5 tonnes and not to all motor vehicles. I find that the sign does not clearly indicate that all motor vehicles need to take the second turn on the left.
There is an additional yellow warning sign that states no access to Station Parade from Cambridge Road. Mr Oliviera argues that a driver might not know the names of the roads.
Although there is no obligation for any warning sign in this case if a motorist reaches the junction of Cambridge Road and Station Parade they see a sign indicating that there is a pedestrian zone on the right. The no motor vehicles signs are a short distance from the left turn. The road is outside a station and opposite a car park ramp and it does not appear to be a place where it would appropriate to carry out a U turn. I find that the sign in Linton Road does not give adequate warning of the restriction and that in the absence of clear warning I find that the overall signage for the restriction in Station Parade is unclear.
I allow this appeal."

Ill inform on my appeal to but heres what i said is:
"I appeal on the ground that the alleged contravention did not occur because the signage at Station Parade, Barking, fails to adequately convey the restriction to motorists approaching the location and creates an entrapment situation where compliance is impossible once committed.

Under Regulation 18(1) of the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 and Regulation 10(1) of the Traffic Signs Regulations and General Directions 2016 (TSRGD), the authority must ensure that restrictions are clearly indicated and visible in time for drivers to comply safely. The Traffic Signs Manual (Chapter 3, paras 1.21 & 3.1.2) states that regulatory signs must provide adequate advance warning where immediate compliance would be unsafe or impracticable.

At Station Parade, the “No Motor Vehicles – Except buses, taxis and cycles” sign is positioned only after a driver has already turned, leaving no safe or lawful way to turn around. There is no adequate advance warning, and once the sign becomes visible, the motorist is effectively trapped. This layout has created an ongoing entrapment location that has caught many otherwise law-abiding drivers who cannot reasonably comply.

Furthermore, the enforcement authority failed to properly consider my earlier representation as required by Schedule 1, Paragraph 5(2) of the London Local Authorities and Transport for London Act 2003. My challenge specifically raised the inadequate signage, absence of advance warning, and unsafe layout. The council’s rejection addressed only my reference to Google Maps, ignoring the substantive signage issues. This constitutes a failure to consider and therefore a procedural impropriety.

This same restriction and layout have already been ruled inadequate by the Adjudicator in Case 2230142184 (Vitor Da Silva Oliveira v London Borough of Barking and Dagenham, 27 March 2023). In that case, the Adjudicator found that the signs are not visible before a driver turns, that the advance sign on Linton Road does not give adequate warning, and that the overall signage for Station Parade is unclear. The Adjudicator also observed that a driver cannot make a safe U-turn once committed. As the conditions remain unchanged, the same reasoning applies here.

For these reasons, the signage fails to provide adequate advance warning, the layout creates an unavoidable entrapment situation, and the council failed to properly consider my representations."

8
Hey guys, i got this same PCN and decided to fight it. They denied my initial appeal and and i'm now formally challenging it. However in doing my research i have found someone has already appeal and won through this location for station parade barking:

https://londontribunals.org.uk/ords/pwslive/f?p=14952:70::INITIALISE::70:P70_CAS_REFNO,P70_PCN_REFNO,P70_RETURN_PAGE,P70_AST_CODE:1560981,2934024,60,APPEAL&cs=3H7-QAGGBgo46pi6iU1kXG-y4f42hNViXVMZPwLIUNyDq6zVCnBeJreOMW8b-JSDVeoVQaXNsgP5T50WZpiuYig

the case reference is 2230142184

"Mr Oliviera attended today.
The CCTV footage shows the appellant’s car drive past signs on each side of the carriageway in Station Parade that indicate that motor vehicles are prohibited. The appellant accepts that he drove past the signs however he argues that there is insufficient warning of the restriction and that by the time a driver sees the signs it is not possible to easily make a U turn. The appellant provides images from google street view in support of his argument. During the hearing I looked at google street view images from March 2022.
The local authority argues that there is sufficient warning of the restriction and that the signs are clear.
The appellant drove from Linton Road and turned right into Cambridge Road. At the junction of Cambridge Road and Station Parade it is not permitted to turn right as there is a pedestrian zone. The no motor vehicles signs are a short distance after a driver turns left. I find that the signs are not visible before a driver turns left.
The local authority provides a photograph of a warning sign in Linton Road. The sign indicates that there is no left turn at the first turning on the left and that all other routes are the second turn on the left. Straight ahead is access to Linton Road only. The road on the right is prohibited to vehicles over 7.5 tonnes except for buses and Vicarage Fields. The sign indicates that the station is to the right. Mr Oliviera was driving to the station.
I find that the warning sign in Linton Road relates only to vehicles over 7.5 tonnes and not to all motor vehicles. I find that the sign does not clearly indicate that all motor vehicles need to take the second turn on the left.
There is an additional yellow warning sign that states no access to Station Parade from Cambridge Road. Mr Oliviera argues that a driver might not know the names of the roads.
Although there is no obligation for any warning sign in this case if a motorist reaches the junction of Cambridge Road and Station Parade they see a sign indicating that there is a pedestrian zone on the right. The no motor vehicles signs are a short distance from the left turn. The road is outside a station and opposite a car park ramp and it does not appear to be a place where it would appropriate to carry out a U turn. I find that the sign in Linton Road does not give adequate warning of the restriction and that in the absence of clear warning I find that the overall signage for the restriction in Station Parade is unclear.
I allow this appeal."

Ill inform on my appeal to but heres what i said is:
"I appeal on the ground that the alleged contravention did not occur because the signage at Station Parade, Barking, fails to adequately convey the restriction to motorists approaching the location and creates an entrapment situation where compliance is impossible once committed.

Under Regulation 18(1) of the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 and Regulation 10(1) of the Traffic Signs Regulations and General Directions 2016 (TSRGD), the authority must ensure that restrictions are clearly indicated and visible in time for drivers to comply safely. The Traffic Signs Manual (Chapter 3, paras 1.21 & 3.1.2) states that regulatory signs must provide adequate advance warning where immediate compliance would be unsafe or impracticable.

At Station Parade, the “No Motor Vehicles – Except buses, taxis and cycles” sign is positioned only after a driver has already turned, leaving no safe or lawful way to turn around. There is no adequate advance warning, and once the sign becomes visible, the motorist is effectively trapped. This layout has created an ongoing entrapment location that has caught many otherwise law-abiding drivers who cannot reasonably comply.

Furthermore, the enforcement authority failed to properly consider my earlier representation as required by Schedule 1, Paragraph 5(2) of the London Local Authorities and Transport for London Act 2003. My challenge specifically raised the inadequate signage, absence of advance warning, and unsafe layout. The council’s rejection addressed only my reference to Google Maps, ignoring the substantive signage issues. This constitutes a failure to consider and therefore a procedural impropriety.

This same restriction and layout have already been ruled inadequate by the Adjudicator in Case 2230142184 (Vitor Da Silva Oliveira v London Borough of Barking and Dagenham, 27 March 2023). In that case, the Adjudicator found that the signs are not visible before a driver turns, that the advance sign on Linton Road does not give adequate warning, and that the overall signage for Station Parade is unclear. The Adjudicator also observed that a driver cannot make a safe U-turn once committed. As the conditions remain unchanged, the same reasoning applies here.

For these reasons, the signage fails to provide adequate advance warning, the layout creates an unavoidable entrapment situation, and the council failed to properly consider my representations."

9
Hey guys, i got this same PCN and decided to fight it. They denied my initial appeal and and i'm now formally challenging it. However in doing my research i have found someone has already appeal and won through this location for station parade barking:

https://londontribunals.org.uk/ords/pwslive/f?p=14952:70::INITIALISE::70:P70_CAS_REFNO,P70_PCN_REFNO,P70_RETURN_PAGE,P70_AST_CODE:1560981,2934024,60,APPEAL&cs=3H7-QAGGBgo46pi6iU1kXG-y4f42hNViXVMZPwLIUNyDq6zVCnBeJreOMW8b-JSDVeoVQaXNsgP5T50WZpiuYig

the case reference is 2230142184

"Mr Oliviera attended today.
The CCTV footage shows the appellant’s car drive past signs on each side of the carriageway in Station Parade that indicate that motor vehicles are prohibited. The appellant accepts that he drove past the signs however he argues that there is insufficient warning of the restriction and that by the time a driver sees the signs it is not possible to easily make a U turn. The appellant provides images from google street view in support of his argument. During the hearing I looked at google street view images from March 2022.
The local authority argues that there is sufficient warning of the restriction and that the signs are clear.
The appellant drove from Linton Road and turned right into Cambridge Road. At the junction of Cambridge Road and Station Parade it is not permitted to turn right as there is a pedestrian zone. The no motor vehicles signs are a short distance after a driver turns left. I find that the signs are not visible before a driver turns left.
The local authority provides a photograph of a warning sign in Linton Road. The sign indicates that there is no left turn at the first turning on the left and that all other routes are the second turn on the left. Straight ahead is access to Linton Road only. The road on the right is prohibited to vehicles over 7.5 tonnes except for buses and Vicarage Fields. The sign indicates that the station is to the right. Mr Oliviera was driving to the station.
I find that the warning sign in Linton Road relates only to vehicles over 7.5 tonnes and not to all motor vehicles. I find that the sign does not clearly indicate that all motor vehicles need to take the second turn on the left.
There is an additional yellow warning sign that states no access to Station Parade from Cambridge Road. Mr Oliviera argues that a driver might not know the names of the roads.
Although there is no obligation for any warning sign in this case if a motorist reaches the junction of Cambridge Road and Station Parade they see a sign indicating that there is a pedestrian zone on the right. The no motor vehicles signs are a short distance from the left turn. The road is outside a station and opposite a car park ramp and it does not appear to be a place where it would appropriate to carry out a U turn. I find that the sign in Linton Road does not give adequate warning of the restriction and that in the absence of clear warning I find that the overall signage for the restriction in Station Parade is unclear.
I allow this appeal."

Ill inform on my appeal to but heres what i said is:
"I appeal on the ground that the alleged contravention did not occur because the signage at Station Parade, Barking, fails to adequately convey the restriction to motorists approaching the location and creates an entrapment situation where compliance is impossible once committed.

Under Regulation 18(1) of the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 and Regulation 10(1) of the Traffic Signs Regulations and General Directions 2016 (TSRGD), the authority must ensure that restrictions are clearly indicated and visible in time for drivers to comply safely. The Traffic Signs Manual (Chapter 3, paras 1.21 & 3.1.2) states that regulatory signs must provide adequate advance warning where immediate compliance would be unsafe or impracticable.

At Station Parade, the “No Motor Vehicles – Except buses, taxis and cycles” sign is positioned only after a driver has already turned, leaving no safe or lawful way to turn around. There is no adequate advance warning, and once the sign becomes visible, the motorist is effectively trapped. This layout has created an ongoing entrapment location that has caught many otherwise law-abiding drivers who cannot reasonably comply.

Furthermore, the enforcement authority failed to properly consider my earlier representation as required by Schedule 1, Paragraph 5(2) of the London Local Authorities and Transport for London Act 2003. My challenge specifically raised the inadequate signage, absence of advance warning, and unsafe layout. The council’s rejection addressed only my reference to Google Maps, ignoring the substantive signage issues. This constitutes a failure to consider and therefore a procedural impropriety.

This same restriction and layout have already been ruled inadequate by the Adjudicator in Case 2230142184 (Vitor Da Silva Oliveira v London Borough of Barking and Dagenham, 27 March 2023). In that case, the Adjudicator found that the signs are not visible before a driver turns, that the advance sign on Linton Road does not give adequate warning, and that the overall signage for Station Parade is unclear. The Adjudicator also observed that a driver cannot make a safe U-turn once committed. As the conditions remain unchanged, the same reasoning applies here.

For these reasons, the signage fails to provide adequate advance warning, the layout creates an unavoidable entrapment situation, and the council failed to properly consider my representations."

Pages: [1]