URI:
   DIR Return Create A Forum - Home
       ---------------------------------------------------------
       FreeTrafficLegalAdvice
  HTML https://ftla.createaforum.com
       ---------------------------------------------------------
       *****************************************************
   DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
       *****************************************************
       #Post#: 96508--------------------------------------------------
       Re: Greenwich - Crooms Hill / Nevada St - 52m failing to comply
       with prohibition
   DIR By: filippi9
       Date: November 2, 2025, 5:34 am
       ---------------------------------------------------------
       I've driven down the road again, and unfortunately yes the
       advance warning sign is there. Never noticed it before though,
       on that section of the road you're focusing ahead, looking out
       for oncoming traffic as the road curves to the left. The sign is
       also just on one side of the road, the opposite side of
       direction of travel.
       Pictures of the signs:
  HTML https://imgpile.com/p/4AGcigV
  HTML https://imgpile.com/p/4AGcigV,
       it looks like they have removed
       the “Except authorised vehicles” wording.
       I think I'd still argue the signage isn't sufficient, there is
       no warning at the start of the road, and this particular warning
       side is very easily missed due to where it's been placed.
       #Post#: 96612--------------------------------------------------
       Re: Greenwich - Crooms Hill / Nevada St - 52m failing to comply
       with prohibition
   DIR By: JoCo
       Date: November 3, 2025, 8:10 am
       ---------------------------------------------------------
       To be honest, I think appeal on basis that warning sign is not
       clear is weak in law on two bases. 1) IMO the advanced sign IS
       clear 2) Not sure that an advanced sign is strictly necessary
       for enforcement anyway.
       However... if OP is feeling lucky. It may well be worthwhile
       continuing the appeal process for the following reasons 1)
       Greenwich has a habit of not defending appeals at tribunal so OP
       might win on default.  2) For the charge to stick, Greenwich
       would have to establish that you passed a restriction sign. The
       video alone does not show the restriction you breached, as
       camera is facing the opposite direction. (The actual restriction
       is included in photos in OP's above post).
       So for tactical reasons, OP might be best placed to keep cards
       close to chest and appeal on the basis of no advanced warning.
       So that the council, concentrate in establishing that advance
       warning existed. And hope they neglect to include details of
       restriction itself in evidence pack, if they defend at all.
       
       So double or quits, gambling on Council incompetency.
       #Post#: 116390--------------------------------------------------
       Re: Greenwich - Crooms Hill / Nevada St - 52m failing to comply
       with prohibition
   DIR By: filippi9
       Date: April 20, 2026, 5:00 am
       ---------------------------------------------------------
       Thanks all for your suggestions and assistance, just wanted to
       update that I managed to argue successfully that the advance
       warning was insufficient, and that it had been acknowledged as
       such in the notice of rejection.
       The council was not represented, but they did submit an evidence
       pack.
       Anyhow, relevant extract from the adjudicator's reasons:
       The restriction sign relied upon by the Enforcement Authority is
       that prescribed by Diagram 619 at
       Item 12 in Part 2 of Schedule 3 to the Traffic Signs Regulations
       and General Directions 2016, as
       indicating 'Motor vehicles prohibited'.
       In its Notice of Rejection, the Enforcement Authority states,
       "Please note that the signs are compliant
       with the Traffic Signs Regulations and General Directions 2016
       (TSRGD) and approved by
       Department for Transport, however, we have taken on board the
       residents feedback regarding the
       signs, and are implementing new signs at this location improving
       clarity on the restrictions."
       The Enforcement Authority have submitted images of advance
       warning signs, although it is not clear
       exactly where these all situated in relation to the alleged
       contravention. However, the sign presumably
       before this location has the Diagram 619 symbol with an
       associated plate bearing the legend 'except
       authorised vehicles'. However, although Paragraph 15(1)(d) does
       authorise "permit holder" or "permit
       holders", and, where appropriate, a permit identifier, there is
       no authorisation for 'except authorised
       vehicles'.
       It does remain the responsibility of the motorist to check
       carefully at all times whilst driving their
       vehicle, so as to ensure that they do so only as permitted. This
       includes making sure that they comply
       with all restrictions and prohibitions indicated by the signs.
       However, it is also the responsibility of the
       Enforcement Authority to ensure that restrictions and
       prohibitions are clearly signed. This means not
       only that signs are compliant but also that by their size,
       position and number, signage in totality is
       such as is adequate to inform the motorist of the requirements.
       The Adjudicator is only able to decide an appeal by making
       findings of fact on the basis of the
       evidence actually produced by the parties and applying relevant
       law.
       Considering carefully all the evidence before me I am not
       satisfied that, on this particular occasion,
       the restrictions was sufficiently clearly signed.
       Accordingly, this appeal must be allowed
       #Post#: 116392--------------------------------------------------
       Re: Greenwich - Crooms Hill / Nevada St - 52m failing to comply
       with prohibition
   DIR By: John U.K.
       Date: April 20, 2026, 5:11 am
       ---------------------------------------------------------
       Well done :)
       *****************************************************
       Page 2 of 2
   DIR Previous Page