Free Traffic Legal Advice

I received a PCN in April for entering a pedestrian zone during its times of operation. I was not aware of this as the sign in advance is facing parallel to the road, and the sign upon entry is at such an angle that you do not see it upon entering from St Michaels road.

I approached the junction from St Michaels Road, turning right at the junction on to Mora Road. https://www.google.com/maps/@51.5587315,-0....6384!8i8192

Letter: https://imgur.com/a/eOnbM61
Pictures provided by Brent council: https://imgur.com/a/eh5ODMM
Video provided by Brent Council: https://www.youtube.com/watch?v=G7Zac75dg5Y

I made a representation stating the following:
"Dear Sir/Madam I am writing to formally appeal the alleged contravention that has been issued to me by Brent Council. I assert that the contravention did not occur, as the signage in the area is inadequate under Regulation 18 of The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996. I would like to bring to your attention the fact that Brent Council has failed to adhere to the statutory guidance issued to all local authorities by the Department of Transport in March 2008. Clause 2.12 of the guidance clearly states that "the restrictions need to be made clear to motorists through appropriate and legal traffic signs and road markings." However, upon examination, it has become apparent that the signage in the area is deficient and fails to comply with these regulations. Not only is the advance signage facing the incorrect way (as evidenced in the attached photographs), despite the fact that the Traffic Orders Regulations 1996 stipulate that authorities must "secure the maintenance of such signs for so long as the order remains in force", but so is the mandatory signage upon entry to the road. This sign caters to those approaching from Wotton Road connecting to Mora Road, but it is illegible and hidden, at a perpendicular angle, upon approach from St Michaels Road (attached). Furthermore, the sign is neither visible nor legible once on the road where the alleged contravention occurred and enforcement begins, as it is far above a driver's vision and in a blind spot upon entry. Any safe driver is not focused on the view above them, particularly beside a school, especially when there has been no reason to question their entry upon approach to a junction (both advance and mandatory signage facing wrong way). Brent Council has therefore failed to "secure (a) 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" (Traffic Orders Regulations 1996 Reg 18). The deficiency in the signage ultimately violates both legislation from the Traffic Orders Regulations and statutory guidance issued by the Department of Transport. Therefore, I urge you to carefully consider the inadequacy of the signage in the area and reconsider this alleged contravention. Thank you for your attention to this matter. Sincerely, [Redacted]" .....


They rejected this representation, with the following response received on 6th June:

https://imgur.com/a/B3x5GUt

I am confused since the pictures they have attached as evidence opposing my representation are taken as if you are entering from Wotton Road onto Mora Road, which completely disregards my specific case because I entered from St Michaels Road and my representation states and the evidence shows this.


Additional information: Plan for signage from Brent FOI received in May: https://imgur.com/a/Km0SbWY
                        Traffic orders concerning the zone kindly sourced by cp8759: https://drive.google.com/file/d/1Wkq7nKSCNROnrraUextM_0Fn5z6Hqf7u/view
                                                                                     https://drive.google.com/file/d/1Wkq7nKSCNROnrraUextM_0Fn5z6Hqf7u/view#

Thanks in advance.