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#Post#: 94433--------------------------------------------------
Moving traffic restrictions on Cobbold Road
DIR By: almep13
Date: October 16, 2025, 6:29 pm
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Hello Forum members,
My appeal on entering a restricted zone in Cobbold Road near
Wendell Park School was rejected by LBHF.
Some details below:
i) The driver is a Blue Badge holder and nearby resident, but
not living within restricted zone.
ii) The car in question is registered with DVLA for road tax
exemption and TfL for exemption on CC/ ULEZ/ Tunnel charges due
to BB mentioned above and the driver genuinely believed to be
exempt from such restrictions within the LBHF borough.
iii) The appeal was submitted in late evening of 8 July and
received rejection initially by email on 08 October just before
midday with the postal letter and appeal form arriving a day or
two later. Is there a time limit restriction on Councils to
respond within 60 days on Moving Traffic PCNs?
I'm late in posting this notice as I was fighting another battle
on a private PCN which I won at County Court yesterday, but I
would appreciate your views if it has any chance of succeeding
at London Tribunals.
Thank you and regards,
Almep13
#Post#: 94437--------------------------------------------------
Re: Moving traffic restrictions on Cobbold Road
DIR By: fraser.mitchell
Date: October 16, 2025, 6:40 pm
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You've not given us any useful information, so please read this
and update your thread accordingly: -
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/
I can however tell you that your points (i) to (iii) are totally
irrelevant. But all will be revealed when you have updated your
thread.
#Post#: 94440--------------------------------------------------
Re: Moving traffic restrictions on Cobbold Road
DIR By: almep13
Date: October 16, 2025, 8:24 pm
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Thank you Incandescent.
Please see the links below.
HTML https://cdn.imgpile.com/f/i2Fc13E_xl.jpg
- PCN - p.1
HTML https://cdn.imgpile.com/f/DH7ED9Q_xl.jpg
- PCN - p.2
HTML https://cdn.imgpile.com/f/0v8bb7v_xl.jpg
- PCN - p.3
HTML https://cdn.imgpile.com/f/Oue5qNY_xl.jpg
- Notice of Rejection
- p.1
HTML https://cdn.imgpile.com/f/tRBIyDm_xl.jpg
- Notice of Rejection
- p.2
HTML https://cdn.imgpile.com/f/qA1prqt_xl.jpg
- Notice of Rejection
- p.3
HTML https://cdn.imgpile.com/f/BjvjTEm_xl.jpg
- Notice of Rejection
- p.4
HTML https://cdn.imgpile.com/f/tCBltAh_xl.jpg
- Notice of Rejection
- p.5
HTML https://cdn.imgpile.com/f/Hs4ICfU_xl.jpg
- London Tribunals -
Appeal form p.1
HTML https://cdn.imgpile.com/f/hvXfLSG_xl.jpg
- London Tribunals -
Appeal form p.4 incl Verification code
HTML https://cdn.imgpile.com/f/6SObs2k_xl.jpg
- Warning sign
My three points below would be the main arguments to present to
London Tribunals with the correction that time limit on traffic
moving PCNs is 3 months. Is such time limit valid?
Another point to make is that LBHF's wording on exemptions for
entering the zone, particularly for blue badge holders, seemed
ambiguous to me, but I'm probably bias on such point and
probably LBHF are also bias in their interpretation of such
exemptions.
Thank you in advance for your time and comments.
Kind regards, Almep13
#Post#: 94445--------------------------------------------------
Re: Moving traffic restrictions on Cobbold Road
DIR By: H C Andersen
Date: October 17, 2025, 1:54 am
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See Schedules 4, 8 and 18.
HTML https://www.legislation.gov.uk/uksi/2016/362/schedule/4
IMO, there is NO legal basis for restricting the restriction to
'Sept - July'. This is known as a TIME PERIOD and as such may
NOT be included in the upper panel, as here. All permissible
variations are set out individually and in detail against the
sign in Schedule 8.
By contrast, if you look at Schedule 4, which deals with no
waiting signs, you'll see that 'time periods' are permitted as
integral parts of the sign.
Schedule 18 gives details on what may be included in a 'time
period' e.g. 1 Apr - 31 Oct (as found in my area where on-street
waiting doesn't apply during winter months).
In short:
They've tried to introduce 'in term time only' restrictions when
not permitted.
And IMO, it's not a P&C zone, it's simply 'No motor vehicles'
restriction. They are not synonymous. On this point, pl get
photos of the signs themselves and the 'end zone' signs.
#Post#: 94456--------------------------------------------------
Re: Moving traffic restrictions on Cobbold Road
DIR By: fraser.mitchell
Date: October 17, 2025, 4:11 am
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--- Quote ---
> My three points below would be the main arguments to present
to London Tribunals with the correction that time limit on
traffic moving PCNs is 3 months. Is such time limit valid?
--- End Quote ---
Alleged contravention date - 25th June 2025, PCN date - 7th
July. The time limit to serve a PCN is 28 days from date of
alleged contravention.
#Post#: 94459--------------------------------------------------
Re: Moving traffic restrictions on Cobbold Road
DIR By: almep13
Date: October 17, 2025, 4:30 am
---------------------------------------------------------
Good morning H C Andersen,
Thank you for your comments and explanations, I appreciate them.
The restrictions has been introduced via ANPR (apparently the
trial period had traffic wardens stopping/ allowing motorists to
get through such zone) to restrict the traffic flow during start
and end of school day periods.
The driver was driving westbound on Cobbold Rd with Gayford Rd
and Becklow Rd being on the left and right respectively before
entering the restricted area (immediately after the junction of
these roads). There is 20m or so from this junction to the
Stronsa Rd, school's wall that it is within the restricted zone,
but the Stronsa Rd to the right heading north then left to
Kinnear Rd heading west and then left heading south down Lefroy
Rd (basically around the school's wall perimeter bar Cobbold Rd
side) is outside the restricted zone.
In the picture "Street map view - Restricted zone in Cobbold Rd
W12" I have shown:
-in light blue where the restrictions signs are placed;
-in green the roads leading to the restrictions zone;
-in red the restricted part of the Cobbold Rd.
We don't tend to drive down this road at all due to the road
bumpers and use a couple of roads south to pass from Askew Rd to
Valetta Rd and surroundings, but the disabled driver was on its
own and wasn't aware of such restrictions. We used to pass by
when our kids went to school there, but this was many happy
moons in the past.
Here are the pictures that I have from the time before I
submitted the appeal to LBHF, who refused to take into
consideration any of the justifications we gave.
HTML https://cdn.imgpile.com/f/QnWZj57_xl.jpg
- Sign 1 - L-h side
westbound - Cobbold Rd-Gayford Rd
HTML https://cdn.imgpile.com/f/2C0SpcE_xl.jpg
- Sign 2 - R-h side
westbound - Cobbold Rd-Backlow Rd
HTML https://cdn.imgpile.com/f/srr1lLO_xl.jpg
- Sign 3 - L-h side
north bound from Gayford Rd in jnct with Cobbold Rd
For some reason imgpile doesn't allow me to post a picture of
the street map with the indications I had made.
Thank you and regards,
Almep13
#Post#: 94460--------------------------------------------------
Re: Moving traffic restrictions on Cobbold Road
DIR By: almep13
Date: October 17, 2025, 4:36 am
---------------------------------------------------------
--- Quote from: Incandescent link ---
>
> [quote]My three points below would be the main arguments to
present to London Tribunals with the correction that time limit
on traffic moving PCNs is 3 months. Is such time limit valid?
--- End Quote ---
Alleged contravention date - 25th June 2025, PCN date - 7th
July. The time limit to serve a PCN is 28 days from date of
alleged contravention.
[/quote]
Good morning Incandescent,
the time limit I was referring to was the time it took LBHF to
respond to my appeal i.e. I submitted my appeal on the evening
of 08 July and LBHF rejected it on 08 Oct serving it to me
initially via email and then through a postal letter so that
they could include the appeal form to London Tribunals.
Is there such a 3 months time limit for councils to respond to
motorists' appeals for moving traffic PCNs or am I
misunderstanding and misinterpreting?
Thank you and kind regards,
Almep13
#Post#: 94462--------------------------------------------------
Re: Moving traffic restrictions on Cobbold Road
DIR By: H C Andersen
Date: October 17, 2025, 4:58 am
---------------------------------------------------------
The signs are not prescribed under the regulations. Therefore
IMO unless the council could produce an authorisation from the
Secretary of State to use this form then it's not a lawful sign.
One of the problems with using ones own sign, apart from the
obvious, is that the scaling of lettering hasn't been considered
in the overall context of the sign, something VITALLY important
for moving traffic restrictions, therefore bringing into
question even whether a driver could be expected to see and
digest the meaning having regard to the fact that they wouldn't
be expecting to see anything.
And IMO it's not a Ped and Cycle area.
Do you have access to the TMO?
#Post#: 94465--------------------------------------------------
Re: Moving traffic restrictions on Cobbold Road
DIR By: almep13
Date: October 17, 2025, 5:10 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> The signs are not prescribed under the regulations. Therefore
IMO unless the council could produce an authorisation from the
Secretary of State to use this form then it's not a lawful sign.
>
> One of the problems with using ones own sign, apart from the
obvious, is that the scaling of lettering hasn't been considered
in the overall context of the sign, something VITALLY important
for moving traffic restrictions, therefore bringing into
question even whether a driver could be expected to see and
digest the meaning having regard to the fact that they wouldn't
be expecting to see anything.
>
> And IMO it's not a Ped and Cycle area.
>
> Do you have access to the TMO?
>
--- End Quote ---
Thank you H C Andersen. I don't have access to TMO and the only
info I have found so far is the link below.
HTML https://publicnoticeportal.uk/notice/traffic-and-roads/66b345ead6075b1a09263043
Thank you and kind regards,
Almep13
#Post#: 94471--------------------------------------------------
Re: Moving traffic restrictions on Cobbold Road
DIR By: fraser.mitchell
Date: October 17, 2025, 5:45 am
---------------------------------------------------------
--- Quote from: almep13 link ---
>
> [quote author=Incandescent link=topic=8437.msg94456#msg94456
date=1760692298]
> [quote]My three points below would be the main arguments to
present to London Tribunals with the correction that time limit
on traffic moving PCNs is 3 months. Is such time limit valid?
--- End Quote ---
Alleged contravention date - 25th June 2025, PCN date - 7th
July. The time limit to serve a PCN is 28 days from date of
alleged contravention.
[/quote]
Good morning Incandescent,
the time limit I was referring to was the time it took LBHF to
respond to my appeal i.e. I submitted my appeal on the evening
of 08 July and LBHF rejected it on 08 Oct serving it to me
initially via email and then through a postal letter so that
they could include the appeal form to London Tribunals.
Is there such a 3 months time limit for councils to respond to
motorists' appeals for moving traffic PCNs or am I
misunderstanding and misinterpreting?
Thank you and kind regards,
Almep13
[/quote]
Your PCN was issued under the LLA and TfL Act 2003. There is no
time limit in this Act for responding to representations against
a PCN. However, 3 months is getting into unfairness territory.
Adjudicators in London Tribunals usually consider a response
beyond 3 months as unfair as it prejuices the appellant who may
have problems remembering tehe circumstances and also evidence
becomes more difficult to obtain.
Under the Traffic Management Act 2004, there is a limit of 56
days to respond to formal representations.
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