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joe1974

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  1. Hi, I received a PCN for contravening the No Entry sign on Sept 2016 and yesterday managed to successfully appeal at the adjudication. The adjudicator took 2 minutes to decide that the 'No entry' except for buses is the wrong sign in use and therefore illegal Details of my case reference which should soon be on the London Tribunal website is as follows: Case Reference: 2160492541 Adjudicator's Decision: Adjudicator's Reasons A contravention can occur if a vehicle is driven so as to fail to comply with a 'no entry' signs There appears to be no dispute that the vehicle was in Temple Mill Lane, as shown in the closed circuit television (cctv) images produced by the Enforcement Authority. The vehicle is seen to pass what appears to be a qualified 'no entry' sign. However, the camera does not focus on the sign and, perhaps surprisingly, there are no other images of it produced by the Enforcement Authority. I am therefore unable to determine what the exemption is or if it is, alternatively, a time variant. It is clear from the road markings that some vehicles can pass. If, as might be the case, this is a bus gate then a 'no entry' sign is not that prescribed. The Adjudicator is only able decide an appeal by making findings of fact on the basis of the evidence produced by the parties and applying relevant law. Considering all the evidence before me carefully I cannot find as a fact that, on this particular occasion, the contravention alleged did occur. Accordingly this appeal must be allowed. Henry Michael Greenslade Adjudicator 7th January 2017 2160492541 PN14244668 I had written also the following comments in my evidence to the adjudicator although in the end it was unnecessary as the sign was simply illegal and should be taken down: Notice of Appeal Additional Information Source: Online appeal received online: 23/11/2016 Appeal details: I finally received a copy of the DVD from Newham Council to show CCTV footage of the alleged contravention, 3 months after the incident. I can now understand what I have been accused of contravening, however I feel more strongly that I have a right of appeal on the grounds that the signage along the road is wholly inadequate and possibly dangerous. Now that I have seen the evidence, I cannot deny that I drove through a 'No Entry' sign. However for motorists on entering Temple Mill Lane, a long straight road, there is no signage to indicate at the beginning of the junction that the road is becoming a "buses only" road. There is no change to the road markings or diversion offered e.g. a red coloured lane to indicate a bus lane or a road to turn-off, thus your mind is focused on the road ahead, which indicates a narrowing of the road, and a "Give Way" sign (after the No Entry sign) to give priority to the oncoming traffic. There is no warning prior to the "No Entry" sign that motorists are unable to continue along the road. Also, there is no provision to advise motorists what they should do to avoid the "No Entry" sign. The only option is to stop in the middle of the road and perform a U-Turn , which in itself would be dangerous on this narrow road with a cycle lane. As you can also see on the CCTV footage, a cyclist is riding alongside on my left at the exact point I was about to enter the 'buses-only' section. Any sort of sudden stop to avoid the contravention would have created a dangerous situation for the cyclist. I also refer to previous case references where identical situations to the one I faced occurred and where their appeals were accepted: Case reference: 2150441067 Case reference: 2150433502 Given the previous cases where appeals have been accepted 1 year ago, I am surprised that the existing signage is still allowed to stand. The whole signage on this road is confusing as there were no indications, advanced warnings or any diversion which I would have thought by law should have been there to avoid driver confusion. Hope this helps. It's just a disgraceful money making cash cow by Newham Council who have been completely obnoxious in the whole process.
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