Failing to drive in the direction shown. No direction shown, Threads merged x3 Options

[soobee11]

There has never been a no right turn sign in the 15 years I lived in the area. As shown there are no signs on Raglan street where I was parked that states this. There is a one way sign if you turn left as the road is no entry from the high road. If you turn right when you get to the bottom of the anglers lane you can turn right or left. I am struggling to upload my photos so hopefully the googled pictures are ok.


https://www.google.co.uk/maps/place/Anglers...&authuser=0


https://www.google.co.uk/maps/@51.5477452,-...&authuser=0

This post has been edited by soobee11: Thu, 8 Mar 2018 - 15:26

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[PASTMYBEST]

Hello PASTMYBEST

I am yet to write my appeal. I don't know what you mean about the case Mick posted. My case and the original basis of my appeal was that the reason for refusal stated by the adjudicator were never said by me, the adjudicator said it could be driver error. Mick and Mr Meldrew have found some errors in signage and that there were no left turn markings. I need to find out whether based on these points I have grounds to appeal. I realise the adjudicator is entitled to refuse the appeal, but surely not when the basis for doing so is false.

Post 32 you received a refusal from LT. You cam apply for review but you cannot introduce new evidence, unless it could not have been reasonably known at the time of the appeal.

[Mr Meldrew]

I still think that contrary to the adjudicators finding, the signage of restrictions is not “substantially compliant” with the regulations.

The signage is plainly far from substantially compliant with formal guidance on the “correct use of signage” for this precise junction design. The guidance says that sign 606, normally used only at traffic signals and on one-way roads, could be misleading where a side road forms a T-junction with a two-way road as drivers might think they are turning into a one-way road, and it says that “sign 612 should therefore be used”.

Sign 606 is used regardless of the guidance, so it seems to me that the sign is not substantially compliant with the regulations, or the guidance on the correct use of signs and the the regulations are contradictory to one another, which I think is highly unlikely.

But I have to concede that an appeal might be trying to get blood from a stone.

The relevant guidance is Traffic Signs Manual, Chapter 3 and paragraphs 4.3, 4.5 and 4.9 are the basis for the above reasoning.

Soobee, there is no automatic right of appeal against the adjudicator's decision. However, in limited circumstances a decision can be reviewed on limited grounds. The most appropriate I think being:

The interests of justice require a review. You believe the adjudicator erred in finding that the signage of restrictions was substantially compliant with the regulations.

A review will only be granted if an adjudicator is satisfied that a relevant ground applies. A review is not simply an opportunity for you to appeal again. I think that you would not be granted a review on the basis of what was said, and the above might also be thrown out, but you seem determined, so I would see what those more experienced have to say.

[PASTMYBEST]

I do not disagree that the signage is poor, sometimes prior knowledge is imported into the decision making, wrong but true. For an review to be granted you will need to show


That the adjudicator erred in law or

that the adjudicator erred in a finding of fact. This is not just disagreement with that finding ,it would need to be at a level whereby no reasonable adjudicator could reach that finding

That NEW evidence has come to light. And that it could not reasonably be known before hand

The interests of justice require such a review. Imo this means that the original hearing was not conducted to the requisite standard.

IMO you are on the back foot, but I am only one person.

What you should be aware of is that the clock does not stop whilst you make an application, payment should still be made on time or a CC may be served. If you are granted a review and win you would be refunded

[soobee11]

Thank you again Mr Meldrew. It appears the cards are stacked against me, but I was wondering if I appealed and a review is not granted on those grounds, do you know if the fine goes up? If not, what do I have to lose bar the current fine of £130 of course.

I still think that contrary to the adjudicators finding, the signage of restrictions is not “substantially compliant” with the regulations.

The signage is plainly far from substantially compliant with formal guidance on the “correct use of signage” for this precise junction design. The guidance says that sign 606, normally used only at traffic signals and on one-way roads, could be misleading where a side road forms a T-junction with a two-way road as drivers might think they are turning into a one-way road, and it says that “sign 612 should therefore be used”.

Sign 606 is used regardless of the guidance, so it seems to me that the sign is not substantially compliant with the regulations, or the guidance on the correct use of signs and the the regulations are contradictory to one another, which I think is highly unlikely.

But I have to concede that an appeal might be trying to get blood from a stone.

The relevant guidance is Traffic Signs Manual, Chapter 3 and paragraphs 4.3, 4.5 and 4.9 are the basis for the above reasoning.

Soobee, there is no automatic right of appeal against the adjudicator's decision. However, in limited circumstances a decision can be reviewed on limited grounds. The most appropriate I think being:

The interests of justice require a review. You believe the adjudicator erred in finding that the signage of restrictions was substantially compliant with the regulations.

A review will only be granted if an adjudicator is satisfied that a relevant ground applies. A review is not simply an opportunity for you to appeal again. I think that you would not be granted a review on the basis of what was said, and the above might also be thrown out, but you seem determined, so I would see what those more experienced have to say.

[John U.K.]

If applying for a review you must pay the penalty as directed by the adj., otherwise the penalty will increase as usual.

IF the review is granted and if successful, the authority will be directed to refund any monies paid.

[Mr Meldrew]

As per the advice given, you must pay the penalty charge now so that the amount due cannot increase further. If you then want to, you could try asking an adjudicator how the use of sign 606 can be both substantially compliant with the regulations and at variance with the guidance, which says that sign 612 should be used at the precise junction layout at issue.

[soobee11]

Ok thank you both for the advice. I have paid the fine and will appeal to the adjudicator on the grounds stated.

This post has been edited by soobee11: Sun, 24 Jun 2018 - 12:29

[John U.K.]

I have paid the fine and will appeal to the adjudicator on the grounds stated.

Post your draft application for a review here for comment before submitting - important to get the wording right.