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DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
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#Post#: 233--------------------------------------------------
Brent CC53 St Michaels J/W Mora Road
DIR By: AC754
Date: June 19, 2023, 4:08 pm
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I received a PCN in April for entering a pedestrian zone during
its times of operation. I was not aware of this as the sign in
advance is facing parallel to the road, and the sign upon entry
is at such an angle that you do not see it upon entering from St
Michaels road.
I approached the junction from St Michaels Road, turning right
at the junction on to Mora Road.
HTML https://www.google.com/maps/@51.5587315,-0....6384!8i8192
Letter:
HTML https://imgur.com/a/eOnbM61
Pictures provided by Brent council:
HTML https://imgur.com/a/eh5ODMM
Video provided by Brent Council:
HTML https://www.youtube.com/watch?v=G7Zac75dg5Y
I made a representation stating the following:
"Dear Sir/Madam I am writing to formally appeal the alleged
contravention that has been issued to me by Brent Council. I
assert that the contravention did not occur, as the signage in
the area is inadequate under Regulation 18 of The Local
Authorities' Traffic Orders (Procedure) (England and Wales)
Regulations 1996. I would like to bring to your attention the
fact that Brent Council has failed to adhere to the statutory
guidance issued to all local authorities by the Department of
Transport in March 2008. Clause 2.12 of the guidance clearly
states that "the restrictions need to be made clear to motorists
through appropriate and legal traffic signs and road markings."
However, upon examination, it has become apparent that the
signage in the area is deficient and fails to comply with these
regulations. Not only is the advance signage facing the
incorrect way (as evidenced in the attached photographs),
despite the fact that the Traffic Orders Regulations 1996
stipulate that authorities must "secure the maintenance of such
signs for so long as the order remains in force", but so is the
mandatory signage upon entry to the road. This sign caters to
those approaching from Wotton Road connecting to Mora Road, but
it is illegible and hidden, at a perpendicular angle, upon
approach from St Michaels Road (attached). Furthermore, the sign
is neither visible nor legible once on the road where the
alleged contravention occurred and enforcement begins, as it is
far above a driver's vision and in a blind spot upon entry. Any
safe driver is not focused on the view above them, particularly
beside a school, especially when there has been no reason to
question their entry upon approach to a junction (both advance
and mandatory signage facing wrong way). Brent Council has
therefore failed to "secure (a) the placing on or near the road
of such traffic signs in such positions as the order making
authority may consider requisite for securing that adequate
information as to the effect of the order is made available to
persons using the road" (Traffic Orders Regulations 1996 Reg
18). The deficiency in the signage ultimately violates both
legislation from the Traffic Orders Regulations and statutory
guidance issued by the Department of Transport. Therefore, I
urge you to carefully consider the inadequacy of the signage in
the area and reconsider this alleged contravention. Thank you
for your attention to this matter. Sincerely, [Redacted]" .....
They rejected this representation, with the following response
received on 6th June:
HTML https://imgur.com/a/B3x5GUt
I am confused since the pictures they have attached as evidence
opposing my representation are taken as if you are entering from
Wotton Road onto Mora Road, which completely disregards my
specific case because I entered from St Michaels Road and my
representation states and the evidence shows this.
Additional information: Plan for signage from Brent FOI received
in May:
HTML https://imgur.com/a/Km0SbWY
Traffic orders concerning the zone
kindly sourced by cp8759:
HTML https://drive.google.com/file/d/1Wkq7nKSCNROnrraUextM_0Fn5z6Hqf7u/view
HTML https://drive.google.com/file/d/1Wkq7nKSCNROnrraUextM_0Fn5z6Hqf7u/view#
Thanks in advance.
#Post#: 277--------------------------------------------------
Re: Brent CC53 St Michaels J/W Mora Road
DIR By: ivanleo
Date: June 20, 2023, 7:00 pm
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Well I cannot guarantee the outcome, but I think there's a case
to be made here. I also have a technical argument that I can
discuss with you in private. Let me know if you'd like me to
represent you at the tribunal.
#Post#: 280--------------------------------------------------
Re: Brent CC53 St Michaels J/W Mora Road
DIR By: guest17
Date: June 21, 2023, 2:30 am
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The video does not show the vehicle passing any signage so there
is no concrete evidence of the OP going through the restriction.
Mike
#Post#: 2706--------------------------------------------------
Re: Brent CC53 St Michaels J/W Mora Road
DIR By: ivanleo
Date: August 6, 2023, 7:50 am
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Outcome
HTML https://drive.google.com/file/d/1mReKzYmILiGkaUI6d6_Rj3AqRY8zBWkm/view.
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