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Prasoon
Hello Everyone
Please help me to sort this out, I didn't see any signs there.is it worth to appeal? Can someone help
Regards
Prasoon
cp8759
Use this draft representation:
---------

Dear Sir or Madam,

The alleged contravention did not occur, on the basis that the signage in Mansion House Street does not comply with the requirements of the Traffic Signs Regulations and General Directions 2016, as found by the London Tribunals in Salih Dogan v City of London (case reference 2180198194). While each case is decided on its merits, the signage in issue is the same, and there is no reason to believe the tribunal would reach a different conclusion in this instance. In particular the tribunal ruled that:

"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.
...
I am satisfied that the bus gate requirement is mandatory therefore I must allow this appeal.
"

In light of this it would be wholly unreasonable for you to pursue enforcement any further.
Incandescent
+1
However don't expect them to roll-over and cancel the PCN ! It is likely you'd have to take them to London Tribunals for a result and undergo the double-or-quits gamble, as the full PCN penalty will be in play. Odds are in your favour, however.
cp8759
QUOTE (Incandescent @ Tue, 16 Apr 2019 - 20:57) *
+1
However don't expect them to roll-over and cancel the PCN ! It is likely you'd have to take them to London Tribunals for a result and undergo the double-or-quits gamble, as the full PCN penalty will be in play. Odds are in your favour, however.

To be honest the last 4 or 5 PCNs we challenged with this wording got cancelled immediately. Maybe CoL has come to realise they might as well not waste the tribunal fee?
Jo Carn
Tribunal ref 2170470771

I note that in case reference 2170469229 on 31.10.17 the Adjudicator Edward Houghton wrote to the Enforcement Authority in the following terms:
‘The enforcement authority is offered the opportunity to make further submissions on the question of signage. The blue signs would appear to require the presence of the carriageway legend “BUS GATE” which seems to be absent.
Schedule 9 Part 5 para 1 TSRGD 2016 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 .

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 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. It would follow that the carriageway legend is mandatory and that authorisation is required to dispense with it.’
The Enforcement Authority failed to reply to the above letter and Mr. Houghton allowed the appeal on 29.11.17.
In the present cases the Enforcement Authority have addressed at some length the rationale for the Experimental Traffic Management Order and the quality of the signage relied upon but they have failed to deal with the issue posed by Mr. Houghton.
Prasoon
Click to view attachment
QUOTE (Jo Carn @ Fri, 19 Apr 2019 - 15:27) *
Tribunal ref 2170470771

I note that in case reference 2170469229 on 31.10.17 the Adjudicator Edward Houghton wrote to the Enforcement Authority in the following terms:
‘The enforcement authority is offered the opportunity to make further submissions on the question of signage. The blue signs would appear to require the presence of the carriageway legend “BUS GATE” which seems to be absent.
Schedule 9 Part 5 para 1 TSRGD 2016 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 .

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 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. It would follow that the carriageway legend is mandatory and that authorisation is required to dispense with it.’
The Enforcement Authority failed to reply to the above letter and Mr. Houghton allowed the appeal on 29.11.17.
In the present cases the Enforcement Authority have addressed at some length the rationale for the Experimental Traffic Management Order and the quality of the signage relied upon but they have failed to deal with the issue posed by Mr. Houghton.



QUOTE (Prasoon @ Tue, 16 Apr 2019 - 15:41) *
Hello Everyone
Please help me to sort this out, I didn't see any signs there.is it worth to appeal? Can someone help
Regards
Prasoon



Hello everyone
Many thanks for your time and reply.
Just wanted to let you know that they cancelled my penalty.
Once again thanks a lot for your support.
Regards
Prasoon
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