PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

Linkfield Rd JW Kendall Rd Hounslow London Appeal won, Signage found to be 'Inadequate' Schools Street
StopUlez
post Mon, 6 Mar 2023 - 00:36
Post #1


New Member


Group: Members
Posts: 2
Joined: 5 Mar 2023
Member No.: 119,325



London Tribunals Case 2220935462

I am posting this as this is possibly the worst example in London of a new 2022 ( rushed?) scheme with totally Inadequate signage . There is only single '618' sign at a T junction and not surprisingly PCN's are racking up and being issued by CCTV camera. Location : https://www.instantstreetview.com/@51.47213...TzWo6I7hQo0OL5g


adjudicator reasons:
This vehicle on the council's case failed to comply with a pedestrian zone restriction. On the evidence before me the restriction is signed by one sign posted on the left of the carriageway. The vehicle turned left into this road. The appellant raises the issue of signage arguing that it is inadequate. I agree. Notwithstanding the submissions made by the council supported by the photographic evidence it provides at 'H' this one sign is in my view plainly insufficient to alert motorists turning left at this junction to this restriction it not in my view being readily visible. Advance warning signage is required. In the absence thereof I am not satisfied that this contravention has been proved and I allow the appeal.


If you are reading this after receiving a PCN at this junction , PLEASE APPEAL , INADEQUATE signage is the main reason , in fact the Authority CCTV confirms there is only one sign ( to date) but feel free to add your own photo's . The above case number can be referred to . The Forums can help to provide info to complete appeal ( eg Contravention did not occur ) but the appellant/owner needs to keep to the time deadlines. LBH will likely reject all representations ( even claiming there are more signs than actually installed which proves they did not check prior to rejection of representation ).

Legally I don't believe the TMO is enforceable ? or in force ? as the adequate signage was never installed and LBH need to cancel all PCN's ( see Lambeth for precedent ) at this junction and more appeals will help get a refund for all the innocent motorists who have paid to date. This scheme started issuing PCN's since Sept 22 , about 1k PCN's in 2022 , so they may be going through appeals process now.

'Advance Warning signs' do not exist on this junction and also not installed in Hounslow Schools Streets schemes in other parts of the borough , this is another reason to appeal on the basis of Inadequate signage , otherwise you would need to be able to read a '618' sign hours of operation and take corrective action to avoid fine , even at 20mph this is virtually impossible and the Adjudicator may take this view , even if LBH will not.

Thanks to the Fightback Forums for previous info !
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 1)
Advertisement
post Mon, 6 Mar 2023 - 00:36
Post #


Advertise here!









Go to the top of the page
 
Quote Post
StopUlez
post Wed, 22 Mar 2023 - 18:49
Post #2


New Member


Group: Members
Posts: 2
Joined: 5 Mar 2023
Member No.: 119,325



Further success case numbers , at this Junction , Linkfield Rd JW Kendal road Tw7
2220935462
2230016066
2230052423
223004722A
2230085127
2230098468
2230124353
2230118645
2230133117

Inadequate signage is main reason . Sample reason if direction of approach Linkfield Rd (strait on )

The Enforcement Authority’s case is that vehicle passed a sign which indicates that, except for permit holders, all motor vehicles are prohibited at specified times, including that when the vehicle was observed.
The Appellant’s case is that the only sign related to the side road and not the road that he was travelling on.
It does remain the responsibility of the motorist to check carefully at all times whilst driving their vehicle, so as to ensure that they do so only as permitted. This includes making sure that they comply with all restrictions and prohibitions indicated by the signs. However, it is also the responsibility of the Enforcement Authority to ensure that restrictions and prohibitions are clearly signed. This means not only that signs are compliant but also that by their size, position and number, signage in totality is such as is adequate to inform the motorist of the requirements.
The single sign indicating the restriction is on a post with the name of the side road, Kendall Road. The post is on Kendall Road and clearly at a point that would be within the extension of the building line of Linkfield Road.
The Adjudicator is only able to decide an appeal by making findings of fact on the basis of the evidence actually produced by the parties and applying relevant law. The Court of Appeal has affirmed that the Adjudicator has no power to consider mitigating circumstances of any description, including reducing the amount of the full penalty charge.
Considering all the evidence before me carefully I am not satisfied that this single sign make is clear that the restriction applies to the continuation of Linkfield Road.
Accordingly, this appeal must be allowed.

If Approached via Kendal Rd
2230124353
Reasons It is very clear, even on the enforcement authority (EA)'s own evidence, that the single 'pedestrian zone' sign at the junction of Kendall Road and Linkfield Road, is wholly inadequate to inform motorists on Kendall Road of the pedestrian zone that is immediately upon them as they turn left at the junction. The reason for that should be obvious, again from the EA's own evidence. The sign is perpendicular to the carriageway of Linkfield Road and is thus parallel to the carriageway of Kendall Road. Indeed, the sign might even be angled somewhat away from the direction of traffic on that street. The effect is to render the sign effectively invisible to vehicles travelling in the same plane as the sign. The signage is wholly inadequate for such vehicles and the contravention is not proved.

Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 28th March 2024 - 08:48
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here