DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 23332--------------------------------------------------
Re: LB of Brent - 53 - Kempe Rd j/w Chamberlayne Rd - Failing to
comply with pedestrian zone (school).
DIR By: mrmustard
Date: May 21, 2024, 3:57 am
---------------------------------------------------------
2230553586 is one of mine
The Appellant is represented by Mr D Dishman.
The Authority's case is that the Appellant's vehicle failed to
comply with a restriction on vehicles entering a pedestrian zone
when in Kempe Road/Chamberlayne Road on 15 September 2023 at
15.38.
The Appellant's case is that the signage was insufficient when
turning right into Kempe Road to indicate the restriction.
I have considered all the evidence in this case and I find, on a
balance of probabilities, that this contravention is not proved.
I find the signage at this location, whilst compliant with the
regulations, was overall inadequate for the Appellant's vehicle
when turning right into this zone on the 15 September 2023 at
3.38pm.
The sign plate on the Appellant's left hand side was not tilted
towards his direction of travel, which would have assisted.
There is also an element of signage cluttering with a CPZ sign
just behind the no motor vehicle sign. Further, there is no sign
plate on the right hand side of the road - I accept that there
is some warning signage, however, I do not find that it is
sufficient.
I have allowed this appeal due to overall inadequate signage
indicating the restriction on the 15 September 2023 at 3.38pm.
The appeal is allowed.
#Post#: 23334--------------------------------------------------
Re: LB of Brent - 53 - Kempe Rd j/w Chamberlayne Rd - Failing to
comply with pedestrian zone (school).
DIR By: mrmustard
Date: May 21, 2024, 3:59 am
---------------------------------------------------------
and 2230415378
Mr Dishman on behalf of the Appellant takes a number of points
one of which is that the sign relied onto indicate the
prohibition shows an exemption for loading by (the symbol for)
goods vehicles. He is correct to point out that in fact the
exemption in the relevant Traffic Management Oder applies, in
terms, to loading by any vehicle. If the Council decides to set
out an exemption on the sign it must correctly reflect the true
position as set out in the TMO. As the sign in the present case
fails to do so it is non-complaint in that it is not supported
by a Traffic Management Order and the Appeal must be allowed.
In the circumstances I do not find it necessary to come to a
view on the other issues raised.
#Post#: 23359--------------------------------------------------
Re: LB of Brent - 53 - Kempe Rd j/w Chamberlayne Rd - Failing to
comply with pedestrian zone (school).
DIR By: mrmustard
Date: May 21, 2024, 5:22 am
---------------------------------------------------------
I started an Appeal to the tribunal on this basis on 8 May
1
I haven't seen the actual traffic order but most Brent ones seem
to exclude loading by any vehicle not only by goods vehicles and
if so this case will be on all fours with 2230415378 Harris.
Today brent Council have said they will not contest the Appeal
and have cancelled the PCN.
#Post#: 23391--------------------------------------------------
Re: LB of Brent - 53 - Kempe Rd j/w Chamberlayne Rd - Failing to
comply with pedestrian zone (school).
DIR By: Hippocrates
Date: May 21, 2024, 7:41 am
---------------------------------------------------------
Excellent stuff.
#Post#: 23463--------------------------------------------------
Re: LB of Brent - 53 - Kempe Rd j/w Chamberlayne Rd - Failing to
comply with pedestrian zone (school).
DIR By: JimmyM
Date: May 21, 2024, 5:26 pm
---------------------------------------------------------
This is all great info and reinforces my belief that Brent's
reps aren't worth the paper they're written on.
#Post#: 23469--------------------------------------------------
Re: LB of Brent - 53 - Kempe Rd j/w Chamberlayne Rd - Failing to
comply with pedestrian zone (school).
DIR By: Hippocrates
Date: May 21, 2024, 6:30 pm
---------------------------------------------------------
--- Quote from: JimmyM link ---
>
> This is all great info and reinforces my belief that Brent's
reps aren't worth the paper they're written on.
>
--- End Quote ---
Do you mean Andrex?
#Post#: 24017--------------------------------------------------
Re: LB of Brent - 53 - Kempe Rd j/w Chamberlayne Rd - Failing to
comply with pedestrian zone (school).
DIR By: ivanleo
Date: May 27, 2024, 9:56 am
---------------------------------------------------------
--- Quote from: JimmyM link ---
>
> This is all great info and reinforces my belief that Brent's
reps aren't worth the paper they're written on.
>
--- End Quote ---
I don't think it's a problem confined to Brent.
#Post#: 25530--------------------------------------------------
Re: LB of Brent - 53 - Kempe Rd j/w Chamberlayne Rd - Failing to
comply with pedestrian zone (school).
DIR By: JimmyM
Date: June 10, 2024, 12:46 pm
---------------------------------------------------------
Appeal was lodged with The Traffic Adjudicators last week and I
received a hearing date of 4th July. Today Brent have emailed me
stating they won't be contesting and will cancel the PCN. Many
thanks to Incandescent and Mr Mustard.
#Post#: 25555--------------------------------------------------
Re: LB of Brent - 53 - Kempe Rd j/w Chamberlayne Rd - Failing to
comply with pedestrian zone (school).
DIR By: Hippocrates
Date: June 10, 2024, 3:58 pm
---------------------------------------------------------
Well done. Yet another example of a London council forcing
motorists/soft targets to the Tribunal to obtain unjust
enrichment to cover their appalling financial incompetence.
*****************************************************
Page 2 of 2
DIR Previous Page