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Messages - FishBoy

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I'll include the pertinent reasons as used in the case above

How?

In that case there was a single gateway sign and a so-called advance warning sign on the right-hand side of the carriageway adjacent to parking places. Now there's a pair of gateway signs and an 'advance' warning sign on the left.

I wonder whether you could you do something with the following:

While an advance sign is non-regulatory and therefore could comprise a sign or combination which is not prescribed, here the council have used the regulatory form of the sign with an associated plate. As this prohibition could be marked with a single sign, then a motorist could think that this was the start of the prohibition and because no sign preceded it still be cursing their luck and seeking to manoeuvre their car safely through the chicane when they come across a second set(which according to the council's video marks the actual start of the prohibition) and be unable to avoid. The council might argue that a motorist should not be misled because the 'associated plate' states ** ahead(OP, why is this out of focus, it's important).
But the regs do not permit such an associated plate to carry wording to the effect that 'the restriction doesn't start here, it starts in ***m and this is just a warning'! The only permitted plates relate to times and exceptions, but without exception when used in its regulatory form it carries only one meaning: the prohibition starts here.

Some thoughts.

Thanks for this, I'm aware in that case there was only one restriction sign, but the positioning is the same, which means it's still too late to do anything about it before you've entered the restriction because it's on / after a traffic calming / pedestrian crossing island.
Your point regarding the non-regulatory advance sign is very useful, and I think it (or something similar) is mentioned by the adjudicator in that case. I'm not sure why the sign appears out of focus for you, zoomed in you should be able to see it states "25 yds ahead".

The pertinent reasons I was referring to were :

"I find the nature of the location detracts from the restriction since it encourages motorists to construe the location as a traffic calmed crossing and thereby inducing the notion that traffic will be proceeding in order to be calmed"

"the central island prevents motorists from adopting a turn to effect a remedial manoeuvre in order to avoid transgressing the sign"

"The sign is placed at the end of the traffic island and, in my judgement, is unlikely to be seen by the motorist until they have entered the island
carriageway by which time there is no means of avoiding entry into the prohibited route.

"The motorist's attention on the approach is likely to be on the island sign directing traffic to bear to the left of the sign."

I will also mention two other sign related issues hopefully illustrated by photos below. 1) When approaching from Longhurst Road (the road to the right on the initial photos) there are two blue advance warning signs on a sharpish left hand corner just before the junction with Leahurst Road. The nearside one is obscured by a hedge, the far side one is right over in the other side, and there are numerous parked vehicles. A motorist should be concentrating on negotiating the corner and avoiding traffic coming in the opposite direction at that point rather than spotting signs. 2) When reaching the junction with Leahurst Road (to turn right) the small advance warning sign on the opposite side of the road is side on, and therefore impossible to read. So the first time you would be aware of the restriction is when confronted by the signs on the traffic calming island, which as mentioned above has it's issues.

I think I'm right in saying that previous Tribunal outcomes are not used as precedents? So the real question is what chance is there of success for this case, either with the evidence above, or with possible admin mistakes etc?








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I'll submit a challenge for this today, as I think it's close to the 14 day cutoff - why can't they specify which day this is, rather than "14 days beginning with the date of this notice"?

I'll include the pertinent reasons as used in the case above (Justin Oliver vs London Borough of Lewisham) although I presume it will be rejected automatically regardless of representations made?

I'd appreciate some thoughts / advice from some of the Hero Members if possible as to chances at tribunal.

Many thanks.


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After reviewing the location, it shows that 4 appeals were allowed, all in 2024, for inadequate signage! No clue if they've updated it recently, but the CCTV doesn't show otherwise. The sign on the left is misplaced and barely visible, leaving only one sign on the right and the motorist would be looking at the island and crossing rather than that.

Justin Oliver vs London Borough of Lewisham

Thanks for this. The previous cases I found from 2024 seemed to indicate that there was only one small sign to the left of the carriageway, and this was the reason it was regarded as inadequate. From the adjudicators comments it sounds like the second sign was in place for this appeal, but was still regarded as inadequate. Plus the other factors are exactly what I have thought - the keep left sign being a distraction etc.

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Photos of Leahurst Rd street view taken this week:



And in comparison, the signs just around the corner which were effective - I re-routed along Pascoe Rd to the right. I presume it's a different section as it's on a different street (Ennersdale Rd)?



And lastly, a nearby road where Lewisham have used a more effective method - why hasn't this been used for Leahurst, if they don't want vehicles using it?!?

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Hi all,

From searching I can see that this is a fairly well known road, and would be grateful for advice as to recent appeal outcomes, bearing in mind the updates to signage. GSV - https://maps.app.goo.gl/LMG71exvnJ37vgvN9

I used to live nearby about 20 years ago and regularly used it as a route home. I still often used it as a shortcut during the intervening years, albeit not recently. So my main excuse is that when I used it 'for old time's sake' on the way home from a family day out on a Sunday afternoon, I had zero reason to expect any restrictions, especially at that time on a weekend. Looking at the video, and having visited the site since to try to work out how the hell I missed any signs, I can only guess that my concentration may have been on the approaching white car, plus the bollard type sign indicating to keep left may have made me presume that the signs on the poles were indicating the same thing; I was aware this is a narrowed section. Also with it being just a regular residential street, the cars coming the other way would have made me think that nothing was amiss, no reason to suspect any restrictions?

Ironically once around the corner and approaching the rail bridge I did jam on the brakes on seeing two blue "No Motor Vehicles.." signs, and two 'flying bike / camera' signs further on after the bridge. Very confused as to whether this restriction was in force (there were no day / time signs), but erring on the side of caution, I did a three point turn and routed down a side road (after double checking the days & times of the school restriction on it!). I can only presume that the reason I saw these, and not the ones prior, is the difference in location & size; the latter ones are clear of any other signs or background interference, and larger. The ones before the corner have houses in the background, plus the No Entry signs just beyond, and are significantly smaller. I'll post up some links to recent photos as I'm aware GSV is out of date - probably around the same time that I previously routed through it!

So PCN details:






And online evidence screenshot:



And images / video:





https://imgpile.com/p/6A7WccA

Many thanks for any advice, my gut feeling is that I have no hope re: inadequate signage, but am keen to know if the online procedural errors still exist, and if they are being successful in appeals.

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An update on this case...

@Hippocrates kindly submitted an appeal on my behalf to the London Tribunals on 24th Dec 24, I believe without providing any evidence from our side. The hearing was set for Feb 10th 25. I was just starting to get geared up for this when I received an email with an attachment of the letter below.

So I presume that is case closed? No hearing, no fine?

If so then obviously I am very relieved, and pleased that the outcome reflects common sense. But a small part of me does want to know whether the reason for not contesting the appeal was due to fairness & justice, or was it just some admin issue - not having the resources or something?

Does this thread need to go in the successes folder or somewhere?

Many, many thanks for all your help.



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Yes the discount was offered for 14 days, which should have been 12/12, but the status quo was stating it would go up to £195 then instead of £130?

Another thing I would like advice on, the height of the restriction signs. I think I've read that there are no regulations / guidelines for this, but I went out and measured them today and the bottom of the signs are 3.4m & 3.6m. Surely that is too high? If you're turning left there's no way you can see them from the driver's seat!

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Just checking the status quo, it's still asking me to pay £65, but it's now saying it will increase to £195 "very soon". Is this vague timescale within the regulations? Do I need to guess when it will be? Is this another ground for appeal?




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@Hippocrates could you briefly explain the appeal process please? And would you be willing & able to assist me with it? Many thanks.

10
@Hippocrates If you have time I'd appreciate a realistic indication of my chances at tribunal, to allow me to decide whether to appeal.

What would be the grounds for appeal? Would it purely be the anomalies with the PCN dates & incorrect / threatening demands for payment, or are there other reasons - inadequate / confusing signage, the road being closed affecting the choice of routes available, the lack of an address for physical payment?

Many thanks as always.

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@Hippocrates

I had to scan it as a PDF which I then found Imgur can't handle, so have stored it on Google Drive, share link is here -

https://drive.google.com/file/d/1_dGKHd_WcgUKR73n4rWLHI3MA0wEwrhF/view?usp=sharing

Please shout if you can't access it.

Many thanks.


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@Hippocrates

Notice of Rejection of Representation received 28/11/24, dated 25/11/24

Should I scan & post it here?

What are the next steps?

Many thanks.

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@Hippocrates

Representation submitted, will let you know the outcome.

Many thanks.

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@Hippocrates is the below ok for submission - I've made bold the changes I've made to your original text.

Also should the lack of postal address for payment be included?

Do I use the "contravention did not occur" option on the representation?

Dear Lewisham

Ref:  PCN ZY09848835      VRN GV59FUT

I make the following formal representations against the said PCN:

1. There is a confusing plethora of signage at the location and the actual restriction signs are so high as to make them unobservable from a driver's seated position.

2. The only advanced warning signage before the junction is on the right hand side, coloured blue, and obscured by a tree, which is inherently unfair as the council does provide such at many other locations.

3. I enclose a screenshot of the current status quo concerning payment and refer you to Case no 2240362722 in this regard. The dates are clearly wrong.

4. Finally, I make a collateral challenge against the wording of the PCN which "acts as notice to owner" which is a conflation of two legislations and, considering the inclusion of a considerable part re 56 days etc - this belongs to parking legislation - it is perfectly reasonable to expect you to include the grounds of appeal from that legislation in addition.

In light of the above

Please cancel the PCN

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Thanks Hippocrates, apologies for not responding sooner but for some reason I didn't receive a notification for your latest post.

So should I just copy & paste your comments into the appeal section on the Lewisham website?

Just one query - there is an advance warning sign, but it's blue, is on the right hand side of the road, and it's partially obscured by a tree. Does this change matters?

And in your opinion, what are the chances of a successful appeal?

Many thanks.

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