Free Traffic Legal Advice

bump pls

Quote from: ashirusnw on October 20, 2023, 01:44:22 am

The 2008 order does include roads in Barnet on pages 5-8 but incorrectly under the heading of "GLA Roads in London Borough of Barking & Dagenham" which is given twice ! (probably drafted with wrong/duplicated heading because Barnet following Barking next in alphabetical order)

So it does!

I think this is the relevant entry (my bold):

NORTH CIRCULAR ROAD (A406) OFF SLIP ROAD, the south side from a point 3 metres south-west of the extended north easternmost building line of Garden Court Hotel, Tilling Road to its roundabout junction with the unnamed M1 Motorway slip roads

So we don't have to worry about the end of red route sign being on the boundary or anything of that sort, because all of Tilling Road is a GLA road. This being the case, the borough cannot enforce without the prior written consent of Transport for London (which they won't have because they won't have bothered reading the legislation).

Here are a few cases won on this point:

William Samuel v London Borough of Lewisham (2220837736, 13 December 2022)
Commercial Plant Services Ltd v London Borough of Lambeth (2230127577, 15 March 2023)
Maurice Luftig v London Borough of Hackney (2230151491, 15 April 2023)
Robert Greens v London Borough of Lewisham (2230366024, 11 September 2023)

Let us know when you get the rejection and I'll sort out the appeal for you. The outcome cannot guaranteed, but what I can tell you is that this argument has never lost.

Thank you so much, I'll keep you posted

And finally (dunno if relevant):

(I couldn't find any info on the exact boundaries of the A41/A406 in terms of who owns what land)

So I sat down this morning to submit a representation and found the penalty had jumped up today to 100%/£130 shame I didn't submit last night 

Regardless I have made a submission explaining the payment error and that I was waiting for a reply to that, and then the following quasi-appeal:

This junction on Tilling Road is just after an exit from the very busy A406 and the frequently-busy ramp and the "no left turn" is one of at least 12 signs that a motorist has to read when entering this extremely short section of road, see attached Google Street View photo.

This particular turning restricted is noted by Barnet to often tripped-up motorists see https://www.barnet.gov.uk/parking/parking-and-traffic-enforcement/cctv-traffic-enforcement/traffic-hotspot-examples at the bottom of page where Barnet Council write "Currently far too many drivers are attempting a banned left turn from Tilling Road into Brentfield Gardens, raising the risk of serious accident. We want to ensure the road here is safer for cars, for pedestrians and for the residents of Brentfield Gardens." It has previously been reported in the press that this junction and prohibited turn nets the council a large percentage of its total PCN penelty revenue.

I appreciate that the sign may neverltheless be legal, however please use your discretion to treat this as an appeal and cancel this PCN, or otherwise, if rejected, please offer me the discounted rate given that I intended and tried to pay the PCN as outlined above.

Let's see ...!

And apparently has always been cash cow for the council probably due to the amount of signs and because it's so soon after coming off the busy A406.

See e.g. https://www.barnet.gov.uk/parking/parking-and-traffic-enforcement/cctv-traffic-enforcement/traffic-hotspot-examples (bottom of page)

text reads:

Thank you for your letter, which was received by the Council on 01/09/2023.
Following payment of £65.00 on 19/08/2023 in relation to this PCN, this Notice has been paid in full.
As payment of the outstanding charge has been made, the liability of the penalty charge has been accepted.and the case closed.
If you wish to reopen the case and challenge the PCN, a refund will be issued for the amount of £65.00 and any challenge received will be considered.
Please note, that as the Notice to Owner has been issued, any challenge will be at the statutory rate (£130.00) and if rejected, the full amount will be due, not the discounted rate the PCN has been paid at previously.
If you wish to challenge the PCN, please contact us confirming this and submitting a formal representation in relation to the PCN.
If no response is received within 14 days of the date of this letter, we will consider this case closed.
Yours sincerely