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#Post#: 105778--------------------------------------------------
Re: Stopped in a restricted area outside a school - Given ticket
after school closed for summer
DIR By: stamfordman
Date: January 13, 2026, 3:44 pm
---------------------------------------------------------
Couple of same adjudications from Redbridge not encouraging but
they are both for the same school pedestrian zone by the same
adjudicator.
Here's one.
-----------
Case reference
Appellant
Authority
VRM
PCN Details
PCN
Contravention date
Contravention time
Contravention location
Penalty amount
Contravention
Referral date
Decision Date
Adjudicator
Appeal decision
Direction
within 28 days.
Reasons
1. The Appellant challenges a Penalty Charge Notice (PCN) issued
for failing to comply with a restriction on vehicles entering a
pedestrian zone (Code 53).
2. This a postal appeal.
The Appellant’s case
3. The Appellant’s case is set out as, ‘My vehicle entered the
temporary pedestrian zone on Cleveland Road at 15:14 on 22nd
July 2025. The restriction applies during school hours on school
days and the nearest school in that area is Cleveland Primary
School which broke up for the summer holidays at 1:30 PM on the
same day (as stated in their newsletter). Therefore, by 15:14,
the school was closed, and the restriction was no longer in
effect. Given that the contravention occurred outside of term
time, I respectfully request that this penalty charge be
cancelled.’
4. A copy of the relevant newsletter has been provided.
Enforcement Authority’s Case
5. The Enforcement Authority (EA) rely on footage to show the
contravention occurred. A plan and photographs of the signage
has been provided. The EA says this shows the restriction is
signed and clear, and, further, enforceable under a valid
Traffic Management Order (TMO), a copy of which is provided.
6. The EA has considered the Appellant's representations. The EA
state, ‘Whilst the school closed early at 13:30 on 22 )uly 2025.
The restriction under Code 53-J is based on published and
legally enforceable time periods, not on the operational status
of the school on any given day. The signage clearly indicates
the restricted hours, and enforcement is valid during those
times regardless of whether pupils are present. The
contravention is based on failing to comply with a traffic sign,
not the presence of children.’
7. The EA has provided a screenshot of the Redbridge Council
website showing Summer Term dates are, ‘Tuesday 22 April 2025 to
Tuesday 22 July 2025.’
8. The EA does not wish to exercise their discretion.
9. The EA maintain the PCN was correctly issued.
Findings and Conclusion
10. I have considered the evidence of both parties carefully.
11. Based on the footage provided, and additional evidential
materials from the EA, I am satisfied the Appellant’s vehicle
was in the relevant location, at the relevant time. I am
satisfied that the signage complies with the relevant
regulations and is adequately clear to inform a motorist. I am
therefore satisfied that the contravention occurred and that it
is enforceable by way of a valid Traffic Management Order, which
I have seen.
12. I accept the EA evidence that the Summer Term is Tuesday 22
April to Tuesday 22 July 2025. I accept the school in the
relevant location may have closed earlier on the 22 July 2025.
However, I accept the EA evidence that this is a discrete
‘operational’ decision of the relevant school. On balance, I
find this does not mean the stated term time has changed. It
follows that I find, on balance, the restriction was in force at
the relevant time.
13. The circumstances set out by the Appellant amount to
mitigation, which no adjudicator is allowed to consider. This
was confirmed in the case of Walmsley v TfL and others [2005]
EWCA Civ 1540. It is an established principle that adjudicators
in these cases do not have a discretion, nor can they direct an
Enforcing Authority to exercise its discretion to consider
mitigating circumstances.
14. For these reasons I find a contravention occurred and the
PCN has been validly issued.
Decision
15. The appeal is refused.
#Post#: 111806--------------------------------------------------
Re: Stopped in a restricted area outside a school - Given ticket
after school closed for summer
DIR By: challenge_cheaters
Date: March 2, 2026, 3:17 pm
---------------------------------------------------------
--- Quote from: stamfordman link ---
>
> Couple of same adjudications from Redbridge not encouraging
but they are both for the same school pedestrian zone by the
same adjudicator.
>
> Here's one.
>
> -----------
>
>
> Case reference 2250447038
> Appellant xxxxxx
> Authority London Borough of Redbridge
> VRM FE65JUJ
>
> PCN Details
> PCN AF20525756
> Contravention date 22 Jul 2025
> Contravention time 15:14:00
> Contravention location Cleveland Road
> Penalty amount GBP 160.00
> Contravention Fail comply restriction vehicles entering ped
zone
>
> Referral date -
>
> Decision Date 08 Jan 2026
> Adjudicator Chez Cotton
> Appeal decision Appeal refused
> Direction Full penalty charge notice amount stated to be paid
within 28 days.
> Reasons Introduction
> 1. The Appellant challenges a Penalty Charge Notice (PCN)
issued for failing to comply with a restriction on vehicles
entering a pedestrian zone (Code 53).
> 2. This a postal appeal.
> The Appellant’s case
> 3. The Appellant’s case is set out as, ‘My vehicle entered the
temporary pedestrian zone on Cleveland Road at 15:14 on 22nd
July 2025. The restriction applies during school hours on school
days and the nearest school in that area is Cleveland Primary
School which broke up for the summer holidays at 1:30 PM on the
same day (as stated in their newsletter). Therefore, by 15:14,
the school was closed, and the restriction was no longer in
effect. Given that the contravention occurred outside of term
time, I respectfully request that this penalty charge be
cancelled.’
> 4. A copy of the relevant newsletter has been provided.
> Enforcement Authority’s Case
> 5. The Enforcement Authority (EA) rely on footage to show the
contravention occurred. A plan and photographs of the signage
has been provided. The EA says this shows the restriction is
signed and clear, and, further, enforceable under a valid
Traffic Management Order (TMO), a copy of which is provided.
> 6. The EA has considered the Appellant's representations. The
EA state, ‘Whilst the school closed early at 13:30 on 22 )uly
2025. The restriction under Code 53-J is based on published and
legally enforceable time periods, not on the operational status
of the school on any given day. The signage clearly indicates
the restricted hours, and enforcement is valid during those
times regardless of whether pupils are present. The
contravention is based on failing to comply with a traffic sign,
not the presence of children.’
> 7. The EA has provided a screenshot of the Redbridge Council
website showing Summer Term dates are, ‘Tuesday 22 April 2025 to
Tuesday 22 July 2025.’
> 8. The EA does not wish to exercise their discretion.
> 9. The EA maintain the PCN was correctly issued.
>
> Findings and Conclusion
> 10. I have considered the evidence of both parties carefully.
> 11. Based on the footage provided, and additional evidential
materials from the EA, I am satisfied the Appellant’s vehicle
was in the relevant location, at the relevant time. I am
satisfied that the signage complies with the relevant
regulations and is adequately clear to inform a motorist. I am
therefore satisfied that the contravention occurred and that it
is enforceable by way of a valid Traffic Management Order, which
I have seen.
> 12. I accept the EA evidence that the Summer Term is Tuesday
22 April to Tuesday 22 July 2025. I accept the school in the
relevant location may have closed earlier on the 22 July 2025.
However, I accept the EA evidence that this is a discrete
‘operational’ decision of the relevant school. On balance, I
find this does not mean the stated term time has changed. It
follows that I find, on balance, the restriction was in force at
the relevant time.
> 13. The circumstances set out by the Appellant amount to
mitigation, which no adjudicator is allowed to consider. This
was confirmed in the case of Walmsley v TfL and others [2005]
EWCA Civ 1540. It is an established principle that adjudicators
in these cases do not have a discretion, nor can they direct an
Enforcing Authority to exercise its discretion to consider
mitigating circumstances.
> 14. For these reasons I find a contravention occurred and the
PCN has been validly issued.
> Decision
> 15. The appeal is refused.
>
--- End Quote ---
Thanks - so not sounding good for me ???
#Post#: 111870--------------------------------------------------
Re: Stopped in a restricted area outside a school - Given ticket
after school closed for summer
DIR By: tincombe
Date: March 3, 2026, 5:39 am
---------------------------------------------------------
I can see that the issue of lease v hire and legal implications
was aired last year by H C Andersen.
OP, you say you have a NTO in your name and that the vehicle
is/was leased. The NTO is dated 18 Sept. in respect of a
contravention which occurred on 18 July.
IMO, your reps should include the following grounds of
Procedural impropriety.
Procedural Impropriety
I have received a NTO dated ****, presumably because the council
considers that I am liable to pay the penalty. However, as I am
not the registered keeper the provisions of regulations 6(1),
6(2) and 6(3) of the General Regulations do not apply because my
lease does not meet the mandatory condition of regulation 6(5).
The council must therefore establish, by reference to the
registered keeper's representations, on what grounds I am to be
considered the 'owner'.
OP, see the ETA Chief Adjudicator's comments from their 22-23
Annual Report:
Transfer of liability
I have reported last year on issues concerning the transfer of
liability when the registered keeper of a hired vehicle seeks to
transfer of liability to the hirers.
....
Adjudicators have found that despite the restrictive statutory
provisions which are re-stated in case law, parties are still
not grasping provisions.
Adjudicators would urge hire companies and authorities to pay
greater attention to the legal issues and consider the
evidential requirements for a transfer before the matter reaches
the appeal stage.
HTML https://www.londontribunals.gov.uk/sites/default/files/ETA%20Annual%20Report%202022%20-%202023.pdf
#Post#: 111946--------------------------------------------------
Re: Stopped in a restricted area outside a school - Given ticket
after school closed for summer
DIR By: stamfordman
Date: March 3, 2026, 2:48 pm
---------------------------------------------------------
So no reply yet to reps?
#Post#: 112039--------------------------------------------------
Re: Stopped in a restricted area outside a school - Given ticket
after school closed for summer
DIR By: tincombe
Date: March 4, 2026, 8:51 am
---------------------------------------------------------
A tribunal decision from earlier this week:
2250382715
#Post#: 112251--------------------------------------------------
Re: Stopped in a restricted area outside a school - Given ticket
after school closed for summer
DIR By: challenge_cheaters
Date: March 6, 2026, 6:30 am
---------------------------------------------------------
--- Quote from: stamfordman link ---
>
> So no reply yet to reps?
>
--- End Quote ---
Thanks for your help so far team. They rejected the appeal I
shared with you all. Attached is their rejection letter. Based
on this information, please advise what I should do. I believe
the 28 days to appeal will run out on the 27 March. Cheers
HTML https://i.postimg.cc/9Rwbsx8n/IMG-5681.jpg
HTML https://postimg.cc/9Rwbsx8n
HTML https://i.postimg.cc/gwT4S9DD/IMG-5682.jpg
HTML https://postimg.cc/gwT4S9DD
HTML https://i.postimg.cc/Kk3fC9pg/IMG-5683.jpg
HTML https://postimg.cc/Kk3fC9pg
HTML https://i.postimg.cc/hzQsNCZP/IMG-5684.jpg
HTML https://postimg.cc/hzQsNCZP
HTML https://i.postimg.cc/146MHjNT/IMG-5685.jpg
HTML https://postimg.cc/146MHjNT
HTML https://i.postimg.cc/Sj8VrvzC/IMG-5686.jpg
HTML https://postimg.cc/Sj8VrvzC
#Post#: 112300--------------------------------------------------
Re: Stopped in a restricted area outside a school - Given ticket
after school closed for summer
DIR By: stamfordman
Date: March 6, 2026, 12:18 pm
---------------------------------------------------------
I'm not familiar with the lease argument so you'll need to get
tincombe to word this for you but this wasn't raised in your
reps.
The order says term times and the school term ended midday so
this appeal point stands and may be accepted by an adjudicator.
As the discount isn't on offer all you need to do now is
register the appeal and opt for a telephone or Teams hearing.
You can upload appeal wording later with both points.
#Post#: 112306--------------------------------------------------
Re: Stopped in a restricted area outside a school - Given ticket
after school closed for summer
DIR By: tincombe
Date: March 6, 2026, 1:11 pm
---------------------------------------------------------
I've read up on the H C Andersen point and can draft something
for you on this point which is objective and regulatory and
therefore adjudicators have no discretion if the facts fit. But
first pl give us details of your lease e.g. from whom, when it
started and when it terminates etc.
#Post#: 112605--------------------------------------------------
Re: Stopped in a restricted area outside a school - Given ticket
after school closed for summer
DIR By: challenge_cheaters
Date: March 9, 2026, 5:11 pm
---------------------------------------------------------
--- Quote from: tincombe link ---
>
> I've read up on the H C Andersen point and can draft something
for you on this point which is objective and regulatory and
therefore adjudicators have no discretion if the facts fit. But
first pl give us details of your lease e.g. from whom, when it
started and when it terminates etc.
>
--- End Quote ---
Personal contract hire
Started May 2024
Expires May 2027
Select Car Leasing
Thanks
#Post#: 113692--------------------------------------------------
Re: Stopped in a restricted area outside a school - Given ticket
after school closed for summer
DIR By: challenge_cheaters
Date: March 19, 2026, 5:29 am
---------------------------------------------------------
--- Quote from: tincombe link ---
>
> I've read up on the H C Andersen point and can draft something
for you on this point which is objective and regulatory and
therefore adjudicators have no discretion if the facts fit. But
first pl give us details of your lease e.g. from whom, when it
started and when it terminates etc.
>
--- End Quote ---
Thanks for offering to write up a draft - Please let me know if
there's any more info you need from me?
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