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#Post#: 48136--------------------------------------------------
Merton PCN - 53J - driving in pedestrian zone (school streets) -
Southey Road
DIR By: tobesb
Date: December 3, 2024, 3:39 pm
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Hello,
I've a similiar scenario to that of the post in this forum on
11/10/2023; Merton PCN - 53J - driving in pedestrian zone
(school streets) - Monkleigh Road.
<BR>
<BR>
I was caught on CCTV driving in a school zone on Southey Road.
The signage is only on the entrance to the road and is not the
easiest to read. I was given the go ahead by a lorry to take the
right turn in front of them, which rushed me.
<BR>
<BR>
I noticed this week on returning to the sight that there is a
yellow sign attached to a post directed at drivers on Kingston
Road, similar to that in the previous case.
<BR>
<BR>
Not that I expect it matters, but I stopped, turned round and
then headed back out the way I came.
<BR>
<BR>
Video footage, camera stills and the PCN availble here:
HTML https://imgur.com/a/ZPw5RI2
<BR>
<BR>
Google Street view is 2 years old so less useful than the still
from the CCTV.
HTML https://maps.app.goo.gl/xZeS8vMjcgaPwFPX9
<BR>
<BR>
I'll come back tomorrow and add a link to the yellow signage.
<BR>
<BR>
Thank you very much for any help. I'm assuming it would be very
similar to that from the other case?
#Post#: 48219--------------------------------------------------
Re: Merton PCN - 53J - driving in pedestrian zone (school
streets) - Southey Road
DIR By: tobesb
Date: December 4, 2024, 4:47 am
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Here are the images of the yellow sign on Kingston Road.
HTML https://imgur.com/a/H0ibWUN
#Post#: 48255--------------------------------------------------
Re: Merton PCN - 53J - driving in pedestrian zone (school
streets) - Southey Road
DIR By: fraser.mitchell
Date: December 4, 2024, 7:22 am
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--- Quote from: tobesb link ---
>
> Here are the images of the yellow sign on Kingston Road.
>
>
HTML https://imgur.com/a/H0ibWUN
>
--- End Quote ---
Sign is not a traffic sign, and also obscured by the branches of
the tree. I would say you have a strong case to take the matter
to London Tribunals on the basis of inadequate signage. However,
you'll have to forego the discount if you do.
Under LATOR (Local Authorities Traffic Order Regulations),
Regulation 18, councils must erect adequate signage to convey
restrictions in a Traffic Regulation Order. Problem is
"adequate", is subjective; one persons 'inadequate' is another's
'adequate'. Clearly the council have recognised the inadequacy
of the signs, hence the yellow sign, which is essentially
useless to motorists.
#Post#: 48275--------------------------------------------------
Re: Merton PCN - 53J - driving in pedestrian zone (school
streets) - Southey Road
DIR By: tobesb
Date: December 4, 2024, 9:11 am
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Thank you. I think I'll give it a go. I'll report back either
way.
#Post#: 48358--------------------------------------------------
Re: Merton PCN - 53J - driving in pedestrian zone (school
streets) - Southey Road
DIR By: Hippocrates
Date: December 4, 2024, 3:46 pm
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A go is one chance. Please get it right and post here first. PM
sent.
#Post#: 48396--------------------------------------------------
Re: Merton PCN - 53J - driving in pedestrian zone (school
streets) - Southey Road
DIR By: Hippocrates
Date: December 5, 2024, 3:47 am
---------------------------------------------------------
Received your PM. The sign is proscribed since how does anyone
know what the term times are? You can post your draft here and I
will find a case in support.
#Post#: 48401--------------------------------------------------
Re: Merton PCN - 53J - driving in pedestrian zone (school
streets) - Southey Road
DIR By: tobesb
Date: December 5, 2024, 4:24 am
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Good morning Hippocrates.
Here's my draft reply:
Dear London Borough of Merton,
I challenge liability for PCN MT00119992 on the basis that the
alleged contravention did not occur.
The signs directly at the entrance to Southey Road are very hard
to read from a car going west bound on Kingston Road as they
face perpendicular to the road.
On revisiting the junction, I notice there is a yellow sign on
the approach to the junction, but this sign is not an advance
warning sign authorised by Schedule 12 to the Traffic Signs
Regulations and whose view is obstructed when driving by a tree.
The sign does not therefore discharge the authority's duties
under regulation 18 of The Local Authorities' Traffic Orders
(Procedure) (England and Wales) Regulations 1996, to illustrate
this point I am providing four photographs detailing the
approach to the road and the orange sign, you can view these
here
HTML https://imgur.com/a/H0ibWUN.
In light of the above the alleged contravention did not occur
and the PCN must be cancelled.
Yours faithfully,
the registered keeper of this vehicle.
Is it worth mentioning that I turned round and came back out?
I'm assuming not as by then I've entered the road already.
Toby
#Post#: 48408--------------------------------------------------
Re: Merton PCN - 53J - driving in pedestrian zone (school
streets) - Southey Road
DIR By: Hippocrates
Date: December 5, 2024, 5:02 am
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I would add it is a proscribed sign.
#Post#: 48415--------------------------------------------------
Re: Merton PCN - 53J - driving in pedestrian zone (school
streets) - Southey Road
DIR By: tobesb
Date: December 5, 2024, 5:29 am
---------------------------------------------------------
Is this better?
Dear London Borough of Merton,
I challenge liability for PCN MT00119992 on the basis that the
alleged contravention did not occur.
The proscribed signs directly at the entrance to Southey Road
are very hard to read from a car going west bound on Kingston
Road as they face perpendicular to the road.
On revisiting the junction, I notice there is a yellow sign on
the approach to the junction, but this sign is not an advance
warning or proscribed sign authorised by Schedule 12 to the
Traffic Signs Regulations and whose view is obstructed when
driving by a tree.
The proscribed sign does not therefore discharge the authority's
duties under regulation 18 of The Local Authorities' Traffic
Orders (Procedure) (England and Wales) Regulations 1996, to
illustrate this point I am providing four photographs detailing
the approach to the road and the orange sign, you can view these
here
HTML https://imgur.com/a/H0ibWUN.
In light of the above the alleged contravention did not occur
and the PCN must be cancelled.
Yours faithfully,
the registered keeper of this vehicle.
When I submit, I'll do a new imgur link so that I see the view
count and whether they click on the link to look at the
evidence.
May I write 'the registered keeper of this vehicle.' for for
signature?
#Post#: 48436--------------------------------------------------
Re: Merton PCN - 53J - driving in pedestrian zone (school
streets) - Southey Road
DIR By: Hippocrates
Date: December 5, 2024, 7:23 am
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Fine.
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