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Messages - Bulop

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1
Tincombe has cited the legislation which the council are using to justify that a Penalty Charge be payable. They are using the ground that they are “the relevant Borough Council” in which the contravention occurs. However this is simply false. Observing the images of the boundary I’ve attached above, as re-iterated previously, the Enfield side terminates with the Double Yellow Lines ending. By the time you cross into Barnet, you have already fully completed the turn and entered the street. Therefore the “right turn into Exeter Road” happens completely in Enfield as opposed to Barnet, so Enfield are the “relevant Borough Council” according to the legislation, not Barnet - who will therefore have no grounds to enforce this contravention.

2
I think the borough boundary may well be down the middle of the road. I used the no power to issue a PCN argument for the no right turn from Highgate High St into South Grove for a while and it worked and then adjudicators decided to start refusing and I stopped using it. In this case if Barnet really have consulted with Enfield as the traffic order suggests (you can ask to see it) I don't think the argument is a goer but don't let my opinion stop you going to the tribunal.

How come Tilling Road is still mainly winnable to this day? Also I've attached where the map shows the boundary is, I'm 100% sure that where the OP enters is part of Enfield too, so their turn from Chase Side into Exeter Road happens completely in Enfield as opposed to Barnet. Since it happens in Enfield, surely Barnet do not have the right to perform enforcement as they are not the "relevant borough council" as stated in the legislation. Also I believe for Highgate High St into South Grove they modified the TMO in 2018 to state "at it's junction with South Grove" which implied something different to "into".

https://ibb.co/MkfKrr4Z

In the Highgate High St case, the road is split into the half involving the boundary, meaning the half of the contravention occurs in Haringey and the other half occurs in Camden. In this case, involving Exeter Road, we can establish that the whole contravention occurs in Enfield, and not in any part Barnet, so would be more convincing for a London Local Authorities and Transport For London Act 2003, Section 4(17) argument about the "relevant council" only being Enfield. Image of the Highgate High Street boundary is below as well.

https://ibb.co/nNVjs4vN

3
The restriction signs do not need to be shown in the footage. Barnet have installed the cameras on their side, yet the contravention itself fully happens in Enfield as you fully enter Exeter Road on the Enfield side and complete the “no right turn” on the Enfield side, when doing the maneuver on Chase Side.

4
At this point in time, Barnet will most likely reject any form of appeal that comes through no matter how convincing, meaning the matter will have to go to Tribunal as seen on other occasions. Strategically the point about the Borough boundary should not be used until the Tribunal Stage so Barnet are caught more by surprise and have less time to prepare an argument against it. In your formal representations at the moment a possible comment about your view of the signage being blocked by the van will be good enough, the other argument can be used at Tribunal.

I have also done some more digging. The termination of the Double Yellow Lines in the PCN photographs is the official boundary. This means that, the point at which you enter Exeter Road, is still in the Borough of Enfield. The contravention fully occurs in Enfield, as opposed to Barnet, so I have no clue why they have been set on creating an ETO for it.

6
The Barnet (Prescribed Route) (Experimental) (No. 2) Traffic Order 2026

The contravention alleged is not that the vehicle entered Exeter Road. It is that the vehicle was caused to “turn right into Exeter Road”. The prohibited turning movement occurred on the Enfield side of the borough boundary. Accordingly, the alleged failure occurred in Enfield for the purposes of s.4(17) of the London Local Authorities and Transport for London Act 2003. The fact that the vehicle subsequently entered Exeter Road in Barnet cannot retrospectively relocate the prohibited turning movement into Barnet. In the order itself it states by the "agreement" of the Borough of Enfield that the traffic order was made. This is not compliant regardless as Chase Side is not a GLA Road.

“relevant borough council” means the borough council in whose area the alleged contravention or failure occurred, in the legislation, and only they can issue the PCN, under Section 4(17).

7
This PCN has to be invalid under the London Local Authorities and Transport for London Act 2003. You have turned into Exeter Road from the London Borough of Enfield which manages Chase Side. The turning contravention occurred inside the London Borough of Enfield, and you entered the London Borough of Barnet presumably legally as they cannot enforce Enfield's roads. This is not a TfL scenario either where written consent may be obtained. I'll leave time for others to comment but I think what they've done is shambolic. This is very similar to Tilling Road which they enforce (no left turn), however the point at which you turn into Brentfield Gardens, is a GLA Road, as that side slip road off the A406 is part of TFL's jurisdiction, meaning that part of Tilling Road also is, meaning the council need to attain written permission from TfL to enforce. Since Chase Side is an Enfield road, not a GLA road, they cannot enforce under any circumstances. The action of the "right turn" occurs in Enfield as reiterated. If there was a no entry sign it may be different, as you are committing an offence when entering Barnet, but there is no such sign, so your offence only happens in Enfield, so Barnet cannot enforce.

8
Ok should I just send what i wrote as my representation.

Taking out the part about the small line

Yes that’ll be fine enough thank you.

9
The size of the lines doesn't really affect the appeal as much. Their PCN is already invalid due to the lack of upright signage, so the size of lines does not need to be dwelled on too much.

10
The PCN is invalid as it cannot be sent by post. The Double Red Lines you stopped on do not contain the relevant upright signage required under Regulation 11(2) of the The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022, which would give them the right to issue a postal PCN using an approved device, but without this they cannot.

Link to legislation: The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022

11
Yes, the thing about CCTV is true.

Refer to Regulation 11 of the The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022, which states a Postal PCN can only be sent on a red route, especially on the Double Red Lines on which the alleged contravention occurred, if the the upright sign for the Double Red Lines is displayed in accordance with Part 4 of Schedule 7 to the Traffic Signs Regulations. The Postal PCN cannot be served in this case, there is no upright signage.

The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022

[2023] EWHC 2889 (Admin)

High Court case link also attached.

12
Doesn't comply with Section 4, Paragraph 8 of the London Local Authorities and Transport for London Act 2003 as there is no "address" for the payment to be sent to on the PCN.

13
Post all sides of the PCN please.

14
Post original PCN please. All sides. Only redact your address and name.

15
Explain that you returned to move the car a minute later and found a PCN had been issued. The PCN had been wrongly issued as it was 40 seconds into the restriction, so a very minor incursion. As a result the principle of “De Minimis” should be imported so the contravention did not occur. A person’s watch cannot be expected to be accurate by seconds to the authorities hence why there is guidance to wait 2 minutes before issuing a PCN. By disregarding the handbook which is compelling to the authority, they have given up their duty to be fair and proportional when giving out a Penalty. As the vehicle was moved only a minute after the incursion this still would have been before 2 minutes had fully elapsed and there was no intent of misuse of the parking space allowing the “De Minimis” argument. You said earlier you had a statement signed by the teacher correct? You can use that to relevantly show what time you left the house and it’s proximity to the car proving it was moved before it was in major contravention.

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