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PCN CODE 52 Princess street CITY OF London, PCN contravention 52
Jodie91
post Sat, 17 Aug 2019 - 11:10
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Hi I have recently received a PCN contravention code 52, on the bank junction on princess street.
Looking at the video evidence, I have no idea what contravention actually occurred.
I am going to contest it but just wanted to check for any advice before doing so.
Here is the evidence they have provided us.
pcn 52 pic
pcn 52 VID

Any help with how best to respond would be greatly appreciated.
Thank you.
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post Sat, 17 Aug 2019 - 11:10
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PASTMYBEST
post Sat, 17 Aug 2019 - 11:44
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The main points is are that the signage is incorrect for the cited contravention and that in the alternative if the signage is deemed correct then it is non compliant as the road legend is mandatory but missing

2180198194

Representations are made by Mr Dogan on the basis that the signage in Lombard Street does not comply with the requirements of the Traffic Signs Regulations and General Directions 2016. The appellant refers to a decision of Adjudicator Edward Houghton appeal 2170469229. In that appeal the Adjudicator initially adjourned the appeal and asked the City of London to explain why the legend Bus Gate was not on the carriageway. The Enforcement Authority did not reply. The appeal was allowed on the basis that the requirement for the legend Bus Gate was mandatory. No application for review was made.
In this appeal the local authority argues that the legend Bus Gate is not mandatory because there is no link from the Route for Bus and Cycle Only sign in the Traffic Signs Regulations and General Directions 2016. The case summary does not refer to Schedule 9 Part 5 para 1 TSRGD 2016 which provides that the information etc. of a description in column 2 of an item in the sign table in Part 6 “must” be conveyed by a road marking shown in column 3. The legend bus gate is one of the items in column 3 of part 6 of Schedule 9.

Item 15 of the sign table in part 6 contains the description ” Road or part of a road with access permitted only for buses and other vehicles when so indicated by any of the signs at items 10, 33 to 35 and 37 to 40 in the sign table in Part 2 of Schedule 3”.

The restricted access of that type in the present case is indicated by a (permitted variant of) a sign to Diagram 953 shown in the Schedule 3 Part 2 sign table at item 33.
I find that the Traffic Signs Regulations and General Directions 2016 state that the bus gate legend is mandatory.
The local authority refers to a decision of Adjudicator John Lane. I am not bound by the decision of any Adjudicator. In this case I follow the decision of Adjudicator Edward Houghton.
The appellant was well aware that the restriction was in operation and to that extent the appeal has little merit. Previous Penalty Charge Notices issued to the appellant had been cancelled.
I am satisfied that the bus gate requirement is mandatory therefore I must allow this appeal.

2180414890

This PCN was issued for the alleged contravention of failing to comply with a prohibition on motor vehicles in Cornhill at 9.05am on 20 August 2018.
A prohibition on motor vehicles is required to be signed by a no entry to motor vehicles sign. I have seen no evidence of any such signage in place in Cornhill. The images from the Council show the signage of a route restricted to buses and cycles only during the hours of 7am to 7pm Mondays to Fridays. The PCN was issued for the wrong alleged contravention and I allow the appeal for that reason.


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cp8759
post Sat, 17 Aug 2019 - 20:56
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Use this template: http://forums.pepipoo.com/index.php?s=&...t&p=1450331

Just change the name of the street to match your case. In ever single case we've seen so far, upon receipt of this template representation the City of London just cancels the PCN.

This post has been edited by cp8759: Mon, 19 Aug 2019 - 15:05


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Jodie91
post Mon, 19 Aug 2019 - 11:33
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Amazing, I have sent the challenge and will update with their response.
I think this whole system is unfair and set up to confuse and catch people.
I regularly ride around London on a motor bike so I am pretty keen at reading signage, I genuinely don't remember seeing these signs and have never seen such a system in place without any road markings!

Thank you all so much!
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Jodie91
post Thu, 29 Aug 2019 - 09:03
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Hi everyone,
I have just received the response from the city of London.
This is what they said:


"The PCN was issued to the above vehicle for failing to comply with a prohibition on certain types of vehicle (motor vehicles) - only buses and pedal cycles allowed Monday to Friday between 7am and 7pm. This is because the above vehicle has been seen to have passed through a sign prohibiting certain class of vehicle from accessing Bank Junction during the restricted time(s).

Since Monday 22 May 2017, the ‘Bank on Safety’ experimental traffic scheme, aimed at reducing collisions and improving road safety, became operational meaning that only buses and pedal cycles are able to cross Bank Junction, Monday to Friday, between the hours of 7am to 7pm. Other vehicles will be rerouted via advanced warning signs on the approaches to the area and the junction.

The Court of Common Council approved a report on 13 September 2018 that recommended making the experimental scheme permanent and as of 25 September 2018 the scheme came permanently into operation.

The Bank Junction comprises the approaches of Princes Street, Threadneedle Street, Cornhill, Poultry, Lombard Street, King William Street and Queen Victoria Street.

Blue bus and cycle only signs are displayed at the entry points of the restriction. Advanced directional signs are also in place to give advance warning to the restriction to further assist with alternative routes.

For your information the sign used is compliant with the regulations. Furthermore, the Department for Transport has confirmed that there is no need for carriageway markings to support diagram 953, the material sign in this instance.

The enforcement of the above restriction is fully compliant with the regulations.

A further selection of maps and information regarding the restriction including loading areas, vehicle length and access routes to each of the approach arms can be found at www.cityoflondon.gov.uk/bankonsafety.

Having given consideration to your case, I have taken the decision to cancel the PCN as a gesture of goodwill and a warning of the restrictions in place.

I would add that this should not be viewed as a precedent for any future cases as we look at each and every case individually upon its merits.

Furthermore, the City expects all drivers to comply with any restrictions that are in place and should you receive a PCN in similar circumstances it may be enforced.

I can confirm that the case is now closed and you have no further outstanding liability for this particular PCN."

Thanks again for all of your help.

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PASTMYBEST
post Thu, 29 Aug 2019 - 10:07
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The DfT confirm there is no need for the road marking. They regulations say there is so the council would need a special authorisation to dispense with them. If they have that they should show it. It is not on the TfL list of authorisations


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Mad Mick V
post Thu, 29 Aug 2019 - 10:42
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Most unfortunate that this travesty of a scheme has been made permanent.

Well done OP on getting the PCN cancelled even though you had to wade through CoL's bulls**t.
TfL have no remit in changing core legislation which says lines and signs are required ------end of.

Mick
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cp8759
post Sun, 1 Sep 2019 - 15:12
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To be honest yes the CoL response does include some BS, but at the same time they're the only authority that doesn't force these cases to the tribunal just for the sake of it.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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