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#: 104563--------------------------------------------------
       Hounslow Hartington Road code 52 Tribunal rejection
   DIR By: mezzyd
       Date: January 4, 2026, 4:05 pm
       ---------------------------------------------------------
       I’d be grateful for any input concerning a tribunal rejection of
       an appeal, which was mainly based upon the lack of advance
       warning of the restriction, together with the impossibility of
       avoiding it without making a 3 point turn.
       This is a quote from the decision:
       “She says that she began her journeys from Quinton Hogg Memorial
       Ground which meant she did not pass any advanced warning
       signage. She has provided a plan as supporting evidence.
       The Enforcement Authority have provided a plan and photographs
       of the signage relied upon, including advanced warning signage.
       I am not clear how the Appellant reached the Memorial Ground on
       either occasion and I am not satisfied she had not passed
       advanced warning signage.”
       I don’t believe the adjudicator has considered the appeal
       properly but not sure whether anything else can be done to
       challenge this. If the appellant has provided a plan showing her
       journey, how can the adjudicator be unclear about the route
       taken?
       Thanks in advance
       #Post#: 104566--------------------------------------------------
       Re: Hounslow Hartington Road code 52 Tribunal rejection
   DIR By: fraser.mitchell
       Date: January 4, 2026, 4:33 pm
       ---------------------------------------------------------
       Sorry, but we need to know the full background to this, so you
       need to post up the original PCN, your representations and the
       council response. Please also post the London Tribunals Case
       Number.
       #Post#: 104568--------------------------------------------------
       Re: Hounslow Hartington Road code 52 Tribunal rejection
   DIR By: mrmustard
       Date: January 4, 2026, 4:40 pm
       ---------------------------------------------------------
       225043458A
       #Post#: 104570--------------------------------------------------
       Re: Hounslow Hartington Road code 52 Tribunal rejection
   DIR By: fraser.mitchell
       Date: January 4, 2026, 5:02 pm
       ---------------------------------------------------------
       Seems to me the esteemed Mr Burke is being rather harsh here.
       Here are the restriction signs: -
  HTML https://maps.app.goo.gl/dKuViQfpS1H6VnKcA
       No way of reversing direction except a 3-point turn. OK, it's 20
       mph, but hey, does Burke ever drive around London ? I think not,
       it'll be the 8.00 am from some posh suburb no doubt. However
       there is a sign on the main A316 going west:-
  HTML https://maps.app.goo.gl/dKuViQfpS1H6VnKcA
       and another going east:-
  HTML https://maps.app.goo.gl/dBV8Z2znNXPdKuye7
       Pity the OP didn't post on this forum when she received the PCN.
       #Post#: 104644--------------------------------------------------
       Re: Hounslow Hartington Road code 52 Tribunal rejection
   DIR By: mezzyd
       Date: January 5, 2026, 10:37 am
       ---------------------------------------------------------
       Thanks for the responses thus far.
       Am struggling to find the original PCNs but these are the
       original reps:
       The contravention did not occur
       Poor quality images, insufficient to support the alleged
       contravention.
       The local authority has provided CCTV footage of the alleged
       contravention, together with stills taken from the video. The
       images are of very poor quality, with the number plate being
       fuzzy and very difficult to make out. I would contend that there
       is sufficient doubt about the details to make this unsafe
       evidence on which to base a penalty charge.
       Furthermore, the vehicle in the video has passed two signs, but
       the view of the signs is impeded by the trees, foliage and
       bright sunshine, such that it is impossible to see the detail of
       the sign. Again, this is insufficient evidence on which to base
       a penalty charge as it is not clear what sign the vehicle has
       passed.
       The signage is insufficient for securing adequate information as
       to the effect of the order is made available to road users.
       Following receipt of this PCN I have researched the signage
       connected with this restriction, keeping in mind the
       stipulations contained in Chapter One of the Traffic Signs
       Manual, “...it is essential that all signing provided is
       necessary, clear and unambiguous, and gives its message to road
       users at the appropriate time. The message must be quickly and
       easily understood at the point it is needed; neither too soon
       that the information might be forgotten, nor too late for the
       performance of any necessary manoeuvre.”
       I note that there are advance warning signs on the A316, but
       unfortunately these signs fail to meet the above standards. The
       motorist’s attention is naturally drawn to the large plate
       describing the distance to the restriction, the date and time it
       applies and the exemption for permit holders. This a lot of
       information to take in when travelling at 40mph, and in fact
       once the motorist has processed this information they might then
       turn their attention to the roundel, which is in fact much
       smaller than the plate, but by then they would quite likely have
       passed the sign and missed the message which should have been
       conveyed by an effective advance warning sign. I would question
       whether the sign complies with TSRGD 2016 as the sign and plate
       are out of proportion, and would request sight of the
       authorisation of this sign by the Secretary of State, in the
       event that the local authority reject this representation.
       Once in Hartington Road there is no further warning sign until
       the motorist reaches the beginning of the restriction, by which
       time it is too late to take an alternative route as there is no
       way of escape either at the beginning of the restriction or on
       the final approach. I would suggest that a clear warning sign is
       necessary prior to Ibis Lane, to meet the required standard
       above, ie before it is too late for the performance of the
       necessary manoeuvre to divert from the route straight ahead
       which leads to the restriction.
       The motorist must have sufficient time on seeing the signage to
       safely take evasive action to avoid contravening the
       restriction. Having reached the sign, the only evasive action
       the motorist can take here is to turn around in the road, which
       is a ridiculous thing for a local authority to require of a
       motorist and is contrary to the requirement of section 122 of
       the Road Traffic Regulation Act 1984, in which the duty is
       imposed on the local authority to secure the expeditious,
       convenient and safe movement of vehicular and other traffic.
       I would like to point out that my journey along Hartington Road
       began at the Quintin Hogg Memorial Sports Ground which is in
       Hartington Road, therefore I did not even have the advance
       warning of the inadequate signs on the A316. The local authority
       seems to have made an assumption that motorists would already
       have travelled on the A316 before turning into Hartington Road
       but this was not the case for me.
       The diagram to sign 619, which is used here, gives effect to an
       order which prohibits the use of a road by motor vehicles,
       according to Chapter Three of the Traffic Signs Manual, but this
       restriction is quite confusing to motorists, as use of the road
       is not completely prohibited. I had driven the opposite way on
       my journey to the Quintin Hogg Memorial Sports Ground with no
       problem and the CCTV footage shows another vehicle travelling in
       the opposite direction past my vehicle, which brings a
       contradiction in the mind of the motorist. If traffic is
       prohibited on this section of road, how come I could drive on it
       earlier today and other traffic is still using it? I would
       contend that the signage misleads the motorist as well as
       failing to give adequate information in good time.
       I note from Council minutes the number of penalty charge notices
       being issued for the Hartington Road access restrictions was far
       higher than would be expected given the length of time that the
       restrictions had been in place.* This statement in itself shows
       that the signage is inadequate. I would request the local
       authority to provide details of the signage review which was
       ordered following that Council meeting*, should the local
       authority decide to reject this representation. * Chief Officer
       Delegated Decisions 3rd August 2022.
       The CCTV footage is obviously taken from height, but there are
       plenty of trees and foliage wafting in the breeze and this
       raises the question of whether I had a clear view of the sign in
       my approach. I note that the minimum clear visibility distance
       when travelling at 20mph is 45m and I would ask the local
       authority to provide evidence that the full recommended sight
       line to the whole of the sign face is preserved for this
       distance, in the event that the local authority reject this
       representation. Advice in the Traffic Signs Manual is clear that
       cutting back of vegetation only in the immediate vicinity of the
       sign might not be sufficient; sign visibility should always be
       checked from the appropriate viewing distance.
       #Post#: 104647--------------------------------------------------
       Re: Hounslow Hartington Road code 52 Tribunal rejection
   DIR By: mezzyd
       Date: January 5, 2026, 11:09 am
       ---------------------------------------------------------
       PCN:
  HTML https://imgpile.com/p/hWgHvA1#RBtTdu8
       #Post#: 104649--------------------------------------------------
       Re: Hounslow Hartington Road code 52 Tribunal rejection
   DIR By: mezzyd
       Date: January 5, 2026, 11:14 am
       ---------------------------------------------------------
       NOR
  HTML https://imgpile.com/p/WTJ2t6D
       #Post#: 104650--------------------------------------------------
       Re: Hounslow Hartington Road code 52 Tribunal rejection
   DIR By: mezzyd
       Date: January 5, 2026, 11:17 am
       ---------------------------------------------------------
       Text for the tribunal appeal:
       PCN: NJ42352561
       Vehicle reg: EY61 JEO
       All the points in my original appeal still stand, but I would
       ask the adjudicator to allow the appeal purely on the basis of
       the local authority’s failure to show evidence that it has
       considered my representations and supporting evidence, contrary
       to Schedule 1 paragraph 1 (7)(a) of the London Local Authorities
       and Transport for London Act 2003.
       The local authority in its Notice of Rejection has provided
       standardised text which is probably included in every response
       to appeals against Penalty Charge Notices issued at this
       location.
       If the local authority had read and considered my appeal, it
       would have seen that there was no need to point out the signs on
       the A316 as I had referred to them in my appeal, also that
       warning signs on Dan Mason Drive would have been no use to me as
       I did not drive past them on my journey.
       If the local authority intends to contest this appeal, I request
       that specific answers to all the representations I made be
       provided in its evidence pack for the adjudicator to consider:
       Poor quality images;
       Authorisation from the Secretary of State for the advance
       warning signs on the A316;
       Lack of a warning sign prior to the junction with Ibis Lane,
       which was the last opportunity to perform the necessary
       manoeuvre to divert from the route straight ahead which leads to
       the restriction (see map);
       The diagram to sign 619 provides confusing information to the
       motorist since the use of the road by motor vehicles is not
       totally prohibited, which is the purpose of this sign according
       the TSRGD 2016;
       The results of the signage review of this restriction conducted
       by the local authority, following the Council meeting in August
       2022;
       Evidence that full sight line to the whole of the sign face is
       preserved for the recommended distance of 45m.
       A plan of the route taken was also included
       #Post#: 104657--------------------------------------------------
       Re: Hounslow Hartington Road code 52 Tribunal rejection
   DIR By: fraser.mitchell
       Date: January 5, 2026, 12:03 pm
       ---------------------------------------------------------
       OK, thanks for all that stuff, but you've lost at London
       Tribunals.
       Looking at the judgment, I cannot really see anything that could
       support a request for a review, maybe others can.  There are
       advance warning signs on the main road as you turn into
       Hartington Road, yet you haven't mentioned them at all. Is this
       because you approached the Quintin Hogg from the north end of
       Hartington Road, not the south end?
       You might have got on better if you'd posted here first !  You
       have 14 days to apply for a review. If that is declined, the
       only other way of questioning the decision is juicial review,
       which is mega-expensive in relation to the sum involved.
       #Post#: 104662--------------------------------------------------
       Re: Hounslow Hartington Road code 52 Tribunal rejection
   DIR By: mezzyd
       Date: January 5, 2026, 12:43 pm
       ---------------------------------------------------------
       Thanks for that & I appreciate your comments.
       The driver had travelled from the north end of Hartington Road
       to the Quintin Hogg ground and there is no restriction on the
       traffic in the other direction. On the return journey she was
       caught by the camera with no advance warning; she had not driven
       on the main road at all.
       *****************************************************
       Page 1 of 1