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#Post#: 87425--------------------------------------------------
A new line of attack against PCNs on Charlton Road J/W D'Arcy
Drive, Harrow
DIR By: Bustagate
Date: August 27, 2025, 8:32 am
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I see that the general view, e.g.
[member=2249]stamfordman[/member] Re: PCN - Charlton Road J/W
D'Arcy DR HA3 - Driving through central reservation
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/pcn-charlton-road-jw-d-arcy-dr-ha3-driving-through-central-reservation/msg70412/#msg70412<br
/>is that there's no chance challenging PCNs for going between
the
traffic islands on Charlton Road.
I should like to propose the following representations:
[indent]The alleged contravention is 38L,
[indent]Failing to comply with a sign indicating that vehicular
traffic must pass to the specified side of the sign[/indent]
But what does the Keep Left sign, diagram 610, actually mean?
It's TSRGD 2016 Schedule 3 Part 4 Paragraph 3
HTML https://www.legislation.gov.uk/uksi/2016/362/schedule/3/part/4/paragraph/3/made:
[indent](1) Except as provided in sub-paragraphs (2) to (5), the
requirement conveyed by the sign is that vehicular traffic
passing the sign must keep to the left of the sign where the
arrow is pointed downwards to the left, or to the right of the
sign where the arrow is pointed downwards to the right.
(2) Sub-paragraph (3) applies on an occasion where a vehicle is
being used for at least one of the purposes set out in
sub-paragraph (4) and the observance of the requirement in
sub-paragraph (1) would be likely to hinder the use of the
vehicle for that purpose.
(3) The requirement conveyed is that the vehicle must not
proceed beyond the sign in such a manner or at such a time as to
be likely to endanger any person.
(4) The purposes are—
[indent](a) fire and rescue authority;
(b) Scottish Fire and Rescue Service;
(c) ambulance;
(d) blood service;
(e) providing a response to an emergency at the request of an
NHS ambulance service;
(f) bomb or explosive disposal;
(g) special forces
(h) police; and
(i) National Crime Agency.
[/indent]
(5) The requirement in sub-paragraph (1) does not apply to a
tramcar or trolley vehicle [/indent]
Note that it doesn't say that Harrow council vehicles are
allowed to pass the sign on the "wrong" side.
Now let's look at the TMO which applies to Charlton Road. This
is The Harrow (Prescribed Route) (Width Restriction) Traffic
Order 2007
HTML https://www.whatdotheyknow.com/request/harrow_width_restriction_tmos/response/2866464/attach/2/8814463%202007%2007%20AMND.pdf.<br
/>
Article 3 and Column 4 of the Schedule impose a restriction of
6'6" on the lanes at either side of the road.
Between the traffic islands, Article 2 and column 3 of the
Schedule specify the following restrictions:
[indent]2. No person shall cause any vehicle to proceed in a
length of carriageway specified in columns 2 and 3 of the
Schedule to this order.
. . .
4. Nothing in Articles 2 and 3 of this Order shall apply to :-
[indent](a) any vehicle being used for ambulance, fire brigade
or police purposes;
(b) anything done with the permission or at the direction of a
police constable in uniform;
(c) any person who causes any vehicle to proceed in accordance
with any restriction or requirement indicated by traffic signs
placed pursuant to section 66 or section 67 of the Road Traffic
Regulation Act 1984;
(d) any vehicle specified in column 6 of the Schedule to this
Order;
(e) to any vehicle being lawfully used in connection with the
maintenance of public services maintained by the London Borough
of Harrow. [LBH2012/30]
[/indent]
Note in particular article 4(e). This permits vehicles which are
being lawfully used in connection with the maintenance of public
services in Harrow to use the "Prohibited length". But we have
seen that TSRGD 2016 Schedule 3 Part 4 Paragraph 3 does not
exempt such vehicles from the requirement to pass on the
"correct" side of the diagram 610.
It follows that vehicles on Harrow Council business, e.g.
rubbish collection, are not being lawfully used when they pass
between the traffic islands. There is therefore no difference in
law between my passage between the traffic islands and that by
vehicles delivering pubic services for Harrow Council.
While Civil Enforcement Officers administering Harrow's PCNs
have discretion in whether to issue them, they are obliged to
follow administrative law in doing so. A central principle of
administrative law was stated by Lord Greene MR in Associated
Provincial Picture Houses Ltd v Wednesbury Corporation
HTML https://en.wikipedia.org/wiki/Associated_Provincial_Picture_Houses_Ltd_v_Wednesbury_Corporation:
[indent]a person entrusted with a discretion must, so to speak,
direct himself properly in law. He must call his own attention
to the matters which he is bound to consider. He must exclude
from his consideration matters which are irrelevant to what he
has to consider. If he does not obey those rules, he may truly
be said, and often is said, to be acting
"unreasonably."[/indent]
An action which flouts this principle is liable to be quashed as
"unreasonable". It becomes a nullity, i.e. it is as if it had
never existed.
On Charlton Road, it appears that CEOs have taken account of
irrelevant considerations, viz that there happens to be a TMO
which appears to − but does not − exempt vehicles on
Harrow Council business from using the lane between the traffic
islands.
I submit that this action by the CEOs renders the issuing of a
PCN to me ultra vires and therefore null. What is sauce for the
goose is sauce for the gander.
Of course, if Harrow Council complied with Regulation 18 of The
Local Authorities’ Traffic Orders (Procedure) (England and
Wales) Regulations 1996
HTML https://www.legislation.gov.uk/uksi/1996/2489/regulation/18
and
placed signage which truly showed the effect of its TMO, this
issue would not have arisen. There would be no diagram 610s on
bollards on the left-hand traffic islands as some vehicles
(other than the emergency services and related ones) are
permitted to pass to the right of those traffic islands. I
submit that the correct way to sign the TMO is to place
appropriate signs on posts on both traffic islands to show which
vehicles are permitted to pass between them.
#Post#: 87430--------------------------------------------------
Re: A new line of attack against PCNs on Charlton Road J/W
D'Arcy Drive, Harrow
DIR By: andy_foster
Date: August 27, 2025, 8:50 am
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Drugs are bad, m'kay?
#Post#: 126459--------------------------------------------------
Re: A new line of attack against PCNs on Charlton Road J/W
D'Arcy Drive, Harrow
DIR By: Bobthebuilder
Date: August 1, 2026, 6:47 am
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I’ve just got one of these too. Definitely barely any signage, a
van was turning around, causing a build up of traffic, car in
front scared to go though, so went to overtake. What can I do to
challenge it? Just copy and paste what you said above?
#Post#: 126471--------------------------------------------------
Re: A new line of attack against PCNs on Charlton Road J/W
D'Arcy Drive, Harrow
DIR By: John U.K.
Date: August 1, 2026, 7:56 am
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--- Quote from: Bobthebuilder link ---
>
> I’ve just got one of these too. Definitely barely any signage,
a van was turning around, causing a build up of traffic, car in
front scared to go though, so went to overtake. What can I do to
challenge it? Just copy and paste what you said above?
>
--- End Quote ---
For meaningful advice with your own case please have a read of
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
and start your own thread in the Civil Penalty forum
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/
#Post#: 126474--------------------------------------------------
Re: A new line of attack against PCNs on Charlton Road J/W
D'Arcy Drive, Harrow
DIR By: NewJudge
Date: August 1, 2026, 8:10 am
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--- Quote ---
> What can I do to challenge it? Just copy and paste what you
said above?
--- End Quote ---
I wouldn’t if I were you.
The earlier post (from 12 months ago) seems to suggest that a
dust cart “being lawfully used” (to collect rubbish) cannot take
advantage of an exemption which allows it to ignore certain
traffic signs because it would then see it being used
unlawfully.
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