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A contravention can occur if a vehicle is stopped where prohibited on a red route.


The Penalty Charge Notice was issued under Regulation 11(1)(d) of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 (the ‘2022 General Regulations’) on the basis of a record produced by an approved device.


There appears to be no dispute that the vehicle was stationary at this location, as shown in the closed-circuit television (cctv) images produced by the Enforcement Authority.


The Enforcement Authority’s case is that no stopping is permitted on the red route at any time on any day, as indicated by the double red line.


However, in R(TfL) v. London Tribunals (Environment and Traffic Adjudicators) & Ors [2023] EWHC 2889 (Admin), Mr Justice Swift decided at paragraph 16 that:


the requirements in sub-paragraphs (a) and (b) of the definition are cumulative; to be a red route for this purpose the road must be marked "in accordance with" both requirements. The requirements are not alternatives.


At paragraph 17, Mr Justice Swift concluded that:


Nor is it correct that the requirement at sub-paragraph (b) for signage can be construed as applying to one but not the other of the two alternative requirements within sub paragraph (a).... the correct conclusion is that the definition of red route requires that both condition (a) and condition (b) are met.


The Enforcement Authority does not appear to dispute that there is no signage at the location as it submits in its case summary that it is not required.


A sign is not required to put motorists on notice of the red route restrictions. However, the relevant issue in this present matter is whether the Enforcement Authority was entitled to issue a Penalty Charge Notice by post. The decision of the High Court in the case referred to above means that both lines and a sign are required to meet the statutory definition of a red route to enable the Enforcement Authority to issue a Penalty Charge Notice by post.


I therefore find that, because there was no sign, the red route was not a "red route" in accordance with the definition of Regulation 11(2) of the 2022 General Regulations and therefore that the Authority was not entitled to issue the Penalty Charge Notice by post.


Accordingly, this appeal must be allowed.