Tribunal Appeals - Jan 17

Richmond Rd, the trap awaits as you turn in

Gosh, here we are, bang up to date with my tribunal decision reporting.

 

In January 2017 there were 300 Appeals heard of which 161, a lovely 54%, went the way of the motorist. It really is worth the effort to complete that orange Appeal form and post it off to Nottingham, as you have a more than even chance of then paying nothing for your PCN, and you lose nothing if the discount option had gone.

 

There are 8 decisions for which you can now read the adjudicator's decision although I take out the name of the motorist even though it is published on the tribunal register.

 

Redundant dropped kerb since 2003

 

Mr B has appeared in person, supported by his father, Mr DB.

 

This PCN was issued at 10.43am on 4 July 2016 for the alleged contravention of being parked in a special enforcement area in Colin Gardens adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway.

 

It is not in dispute that Mr B's car was parked next to a dropped footway. Mr Beeltah tells me that the dropped footway originally provided vehicular access to garages for 9 and 11 Colin Gardens. Mr Beeltah has been a resident of Colin Gardens since 1997. Mr B explains that, in around 2003, the Council gave permission for the garages to be removed and for the garage areas to be converted into part of the properties. He says that, since 2003, there has been no vehicular access with the garages gone. Images submitted in evidence show that the area is no longer used for vehicular access. Mr B says that he has parked his car across the dropped footway since the garages were removed.

 

I find Mr B to be an honest witness and I accept his evidence.

 

Since the footway has long since ceased to be lowered for the purpose of assisting vehicular access from the carriage way, I find that the prohibition in Section 86(1)(a)(iii) of The Traffic Management Act 2004 does not apply. I interpret the wording of the provision purposively so that the purpose for which the footway is lowered is to be read as a continuing purpose. The prohibition cannot continue to apply where an entrance way has effectively been blocked off and the purpose for which the footway was lowered has long since ceased to exist.

 

Zig zags - U turn if you want to.

 

Barnet council provide a very short section of CCTV footage taken on 19 October 2016 at 08:46. It shows Mrs D’s car, manoeuvring backwards and forwards in Whitings Road. As part of that manoeuvre, it is captured being momentarily stationary on a school crossing.

 

Mrs D’s account is that she was simply manoeuvring to pass congestion ahead while she decided the best way in which to proceed to work. In the event, she made a U turn, although the CCTV footage is far too short to demonstrate that.

 

It is entirely appropriate that enforcement authorities should look to enforce school entrance restrictions, and they are entitled to do so by camera. However, they do still have to provide sufficient evidence of a contravention. I do not find that they have done so in this case. As noted above, the CCTV footage shows the car stopped only as part of a driving manoeuvre. The footage confirms at least part of Mrs D’s account that there is congestion ahead, and her activities are entirely consistent with her account of attempting to manoeuvre past those.

 

The CCTV footage is in fact so brief that it unfairly does not show the whole of the incident that could support Mrs D’s version of events.

 

In any event, on the evidence provided, I am satisfied that the evidence shows nothing more than Mrs D carrying out a driving manoeuvre and being forced to stop as part of that manoeuvre. That is insufficient to demonstrate a “parking” or even a “stopping” contravention.

 

As the contravention is not proved I allow the appeal.

 

Overnight waiting ban - not adequately signed

 

The Appellant did not attend this hearing.

 

The Appellant argues that the signage for this restriction is inadequate and he refers to the Signs Manual which states as follows:

 

6.19 The sign [640.2A] is used either as a repeater sign within a controlled parking zone that applies only to commercial vehicles (see paras 12.15 to 12.18) or as the only sign on roads not forming part of a zone. In both cases, road markings are not used and enforcement depends on the upright signs only. At the start or end of any restriction that is not within a zone, the sign should include an arrow indicating the length of road to which the restriction applies. On other signs the arrow is omitted. In a zone, the Regulations require that at least one sign is provided on each side of every road. For roads not within a zone, additional signs might be required as there is no zone entry sign. In this case, the aim should be to provide signs at approximately 60 m intervals on each side of the road.

 

The restricted area was not within a zone where the signs were on entrance points to the zone (no evidence of such zonal signage has been provided) . The council in their summary state:

 

The Council would reiterate that the restriction is a borough wide ban and that signage meets statutory requirements. The Council would further advise that whilst signage indicating the overnight waiting ban is required on every street within the borough, it is not required on either side of the street in the borough. Annotated maps in evidence type H shows that the vehicle was parked within 100 metres distance from the time plate indicating the restrictions.

 

In fact the Manual recommends signs on each side of the road at intervals of 60 meters; this was not in place. Chapter 3 of the Manual sets out the relationship between it and the Traffic Signs Regulations & General Directions 2002 in these terms:

 

1.1 The Traffic Signs Manual is intended to give advice to traffic authorities and their agents on the correct use of signs and road markings. Mandatory requirements are set out in the current version of the Traffic Signs Regulations and General Directions; nothing in the Manual can override these. The advice is given to assist authorities in the discharge of their duties under section 122 of the Road Traffic Regulation Act 1984 and Part 2 of the Traffic Management Act 2004. Subject always to compliance with the Directions, which, except in Northern Ireland, are mandatory (see para 1.4), it is for traffic authorities to determine what signing is necessary to meet those duties, although failure to follow the Manual's guidance without good reason might well lead to enforcement difficulties. In particular, adjudicators might consider such failure to be evidence that the signing was unclear. Traffic authorities should always remember that the purpose of regulatory signs is to ensure that drivers clearly understand what restrictions or prohibitions are in force.

 

The council have given no reason, good or otherwise, why they have not followed the Manual’s guidance/recommendations and therefor I find that the signage in place was inadequate.

 

Yellow box junction - car cuts in from the side

 

The appellant attended the hearing.

The issue of this appeal is whether the said vehicle stopped within the box junction there owing to the presence of another stationary vehicle. It is a contravention if a person causes their vehicle to enter a box junction so that the vehicle has to stop within the box junction due to the presence of stationary vehicles.

I find that when the appellant made his move to enter the box junction there was enough space on the other side for his vehicle to clear the box junction.

The space was however taken by another vehicle entering the box junction from the other side.

Effectively the appellant's vehicle was, "Cut up."

I will therefore allow the appeal

 

Richmond Road school zig zags - a known trap spot

 

The appellant attended. Together we looked at the on-line footage.

He told me and I believed him that as he drove along this road there was a "Stand-off" between two vehicles out of camera vision.

Neither vehicle would give way, then one started reversing in the appellant's direction. Due to the fact that there were parked cars along the road the carriageway was narrow. That is why the appellant reversed-to allow the reversing "Stand-off" vehicle to come by. The on-line footage is too short in duration to confirm this but I accept it as fact.

I find that the appellant stopped in circumstances beyond his control.

I will therefore allow the appeal.

 

Richmond Road school zig zags - again

 

Mr R attended today. He was the driver on 9th November 2016. His wife, Julie R is the registered keeper of the car.

 

Mr R does not dispute that the car was stopped in a restricted area outside a school. Mr R states that his car was stopped for only so long as necessary to allow oncoming traffic to proceed. Mr R lives in Richmond Road a short distance from the school. He was no his way home having taken his own children to school. The children do not go to the school in Richmond Road. Mr R states that he would have no reason to stop the car in Richmond Road other than to wait for oncoming traffic as he was going home and he could park the car on the drive to his property.

 

I have seen the CCTV footage. The car stops at 08:45:00. At 08:45:12 the camera focuses on the timeplate at the location. The footage ends at 08:45:16. The footage shows a car parked in front of the appellant’s car. There is no evidence of any oncoming vehicle on the footage however I accept the appellant’s evidence that the only reason he had for stopping was to wait for traffic. Mr R explains that sometimes approaching cars stop to park to drop off children at the school.

 

I allow this appeal because I find that the reason that the car was stopped to wait for oncoming traffic.

 

I allow this appeal.

 

Saracens Event day zone not proven to be adequately signed

 

Mr S was scheduled for a personal hearing today but he was unable to attend and he has requested that the hearing proceed in his absence.

 

This PCN was issued for the alleged contravention of being parked in a permit space or zone in Longfield Avenue at 3.32pm on 9 October 2016 without clearly displaying a valid permit.

 

The Council says in its case summary that there was a permit holder only restriction between 1pm and 6pm on Event Days in the location where Mr S's car was parked.

 

I have looked at the CEO's images. They show no signage of any restrictions where the vehicle was parked. The Council submits a google image showing two parking signs at the entrance to Longfield Avenue. I am unable to see what is written on these signs even with the benefit of magnification.

 

Further, the images from the CEO show that there were no bay markings where Mr S's car was parked. The car was parked some distance into Longfield Avenue. This means that there was nothing at, or near to, the place of parking to alert the motorist to look for parking restrictions. A single yellow line will alert the motorist to look for CPZ restrictions where there is no signage in a particular street. A marked bay will similarly alert a motorist to look for parking restrictions.

 

I am not satisfied for these reasons that any restrictions were properly or adequately signed.

 

Yellow Box Junction - 3 lanes make situation impossible (case 2160497090)

 

The contravention is set out in the Traffic Signs Regulations and General Directions 2016 (TSRGD).

 

The yellow box junction conveys the prohibition that:

 

"... no person shall cause a vehicle to enter the box junction so that the vehicle has to stop within the box junction due to the presence of stationary vehicles."

 

The prohibition has the following elements:

i. Causing a vehicle to enter the box junction,
ii. Stopping within the box junction, and
iii. That stopping being due to the presence of stationary vehicles.

 

There is always a risk that the traffic ahead will stop for one reason or another. The Highway Code accordingly advises motorists as follows: "you must not enter the box until your exit road or lane is clear".

 

It is not unlawful for a motorist to enter a box junction in a line of traffic or before there is a receiving space for his vehicle beyond the junction. While the Highway Code advice is simply that - advice, it is a reasonable interpretation of how a contravention can occur. A motorist who follows it cannot commit this contravention. A motorists who does not follow the advice is likely to find himself or herself in contravention.

 

In this case, the junction is quite large. At the material time, there are three entrances to one exit and all three entrances have vehicles waiting to enter the junction. None of the entrances are controlled by traffic signals. The High Code Advice cannot be adhered to. Each motorist must depend on at least two other motorists not moving into the junction. This begs the question as to what decides which motorist can enter the junction first when one receiving space becomes available. I have asked the Authority this question. It was either unable or unwilling to respond.

 

Under the above condition, I am not satisfied that the contravention has occurred.

 

I am refusing the appeal. (a typing error, it was allowed)

 

Such fun, all these Appeals. Go on, give it a go.

 

Yours appealingly

 

Miss Feezance

London Tribunals - September 16

A stuffed balloon bear

There were 113 Barnet decisions at London Tribunals in September 16. Of those only 54 were won by the motorist, down from 60% in August to 48%. The balance has tipped in favour of Barnet Council due to at least 13 yellow box junctions cases which were lost. You need a good argument to beat a yellow box PCN.

 

The following 8 decisions, in the words of the adjudicator from the public register, give you useful pointers on various questions:

 

Saracens repeat signage in past this point areas - Longfield Avenue NW7

 

The Appellant, whom I have heard in person in some detail, parked his vehicle in what was a permit parking area operational on event days (having previously parked it on private premises). Seeing no bay markings or other signage he saw no reason why he should not park on this unmarked length of carriageway. His case is essentially that the signage indicating that a permit was required to park there was inadequate.

 

Permit parking areas generally have been incorporated into the Traffic Signs Regulations and General Directions since January 2012 (-before that, specific authorisation from the Department for Transport was required). In the present case the “event day” wording nevertheless remained non- standard and prior to the 22nd April 2016 required authorisation - a copy of which the Council has provided. After that date, when the current incarnation of the Regulations came into force, “event day” wordings are permitted as standard. The upshot is that this a legally prescribed form of signage; and motorists are of course presumed to be aware of the meaning of legally prescribed traffic signs.

 

As in all event day cases where signs can be varied to show a day as an event day the Council is required to show that the sign was correctly set. The Council’s evidence that this was so, in the form of a very brief reply to an e-mail enquiry and an undated photograph, is a little thin. There is no direct evidence of the sign being changed and when. However in the absence of any definite evidence from the Appellant that the sign was not correctly set (-he can go no further than saying he did not notice whether it was-) I will accept, for the purposes of this decision at any rate, that the balance of probability lies in favour of it being set to display the event day wording.

 

However that is not the end of the matter. It is true that in a permit parking area bay markings are not required; that is the main point of introducing such an area. However it does seem to me that some sort of repeater signage is required within these areas unless they are very short single roads. The Traffic Signs Manual Chapter 3 para 7.15 suggests that this might be necessary; and certainly it is used in the event day permit parking areas for the Wembley Stadium Zone. In the case of Restricted Parking Zones, another example of a Zone with no carriageway markings, repeater signage is recommended. The Appellant states that he parked 500m from the signs; and whether or not this is precisely accurate it was certainly a considerable distance from the entry point, and he did not park there initially. It seems to me that this is a case where for clarity repeater signage is required, and that a motorist on parking on an unmarked length of carriageway should be able to see at least something to alert him to the fact that all may not be well if he parks there.

 

I am therefore not satisfied, on the facts of this particular case, that the signage, though not unlawful, was adequate to bring the restriction relied on the Appellant’s attention. It follows that no contravention occurred and the Appeal is allowed.

 

Time to obtain a voucher

 

The appellant has explained when attending on 2 September how he and his 2 year old had travelled up to Barnet with a view to taking out on the Friday concerned his mother. Her house was just by where the car was ticketed. The appellant told me he was well aware of the short daily restriction.

The officer did not see the motorist in this case and as there was no visitor permit or the like displayed he was not at fault in swiftly issuing the penalty charge notice as he did.

 

The appellant told me of his mother's worsening Parkinson's Disease. Although there was no permit on view at the time I have accepted that a reasonable time was not exceeded in obtaining a necessary permit from his mother and a reasonable time was also not exceeded for assisting her to the vehicle.

I have decided on this basis the appeal is properly allowed.

 

Chilton Rd HA8, low level sign

 

I accept the appellant was genuinely not aware of the practice in parts of Enfield (oops, Barnet) of using low-level signage to indicate the status and extent of restrictions. He told me how he had arrived when it was dark and how organisers of the wedding festival function being attended had regrettably, not alerted him to the long hours restriction locally. I have accepted he parked in genuine ignorance of the restrictions and genuinely failed to see the low-level sign as photographed by the reporting officer. I have on the signage issue and its prominence decided there is insufficient evidence to uphold the penalty charge in this particular case.

 

I have recorded the appeal as allowed.

 

Zig zags & a 3 point turn

 

The allegation in this case is that the vehicle was stopped in a restricted area outside a school, a hospital or a fire, police or ambulance station. Mr. X does not in fact dispute this but he says that he only stopped in order to perform a three-point-turn.

 

The enforcement camera DVD shows the vehicle stopped on the area marked by the school markings and then beginning to perform the three-point-turn. While it was a poor decision to perform this manoeuvre beginning on the school markings, the vehicle is shown stopped on the school markings for only 6-7 seconds. I would regard this as stopping as part of a traffic manoeuvre and not subject to the prohibition. Alternatively I would treat the stop as ‘de minimis’, too trifling to amount to the contravention. Accordingly I allow the appeal.

 

Yellow box - cctv does not show entering

 

There is no dispute as to the whereabouts of the vehicle,  at the time, on the material date; namely at a location subject to an operative restriction denoted by yellow cross-hatching, such demarcation indicating a prohibition against a vehicle entering and stopping within the defined area due to the presence of stationary vehicles.

 

The Enforcement Authority assert that the said vehicle entered the defined area and stopped.

Mr T denies liability, on behalf of the Appellant, for the ensuing penalty charge notice contending that the manner of driving of a vehicle ahead caused the said vehicle to become so positioned, which he reiterated and comprehensively detailed at the Hearing.

 

The Enforcement Authority who assert that the said vehicle was so driven contrary to the operative restriction are obliged to adduce evidence to the requisite standard to substantiate that assertion.

The evidence upon which the Enforcement Authority rely comprises the certified copy Penalty Charge Notice together with photographic evidence: CCTV footage and still frames taken there-from revealing the said vehicle in situ and the applicable carriageway markings notifying motorists of the restriction.

 

Whilst it is incumbent upon a motorist to be acquainted with [by reference to The Highway Code], and comply with, such prohibitions, I note the length of the cross hatched area and query whether the Enforcement Authority is possessed of a Secretary of State's Authorization for the same.

 

The restriction, as set out in Paragraph 11 of Part 7 of Schedule 9 to The Traffic Signs Regulations & General Directions 2016 / Paragraph 7 (1) of Part 11 of The Traffic Signs Regulations & General Directions 2002, as amended, prohibits vehicles (or parts there-of) from entering and stopping within the cross-hatched area due to the presence of stationary vehicles.

 

The evidence adduced does to establish an essential element, the entering aspect, since at the point that the contemporaneous capture commences the said vehicle is already traversing the cross-hatched area.

 

It is not possible therefore to evaluate this pertinent aspect in conjunction with Mr T's representations; Mr T maintains that he had already commenced the manoeuvre on the basis that there was sufficient space to accommodate the said vehicle on the other side of the defined area, when a vehicle swiftly entered that space from the left.

 

I found the Mr T's evidence to be cogent and credible and I accepted it in its entirety, making a finding that the said vehicle was rendered stationary on the cross-hatched area by a vehicle impeding its path.

 

Evidentially I cannot satisfied that the contravention occurred, accordingly I allow this Appeal.

 

Yellow box - cctv does not show the reason for stopping

 

CCTV observed the vehicle enter the yellow box junction in West Hendon Broadway on 28 May 2016. The Appellant driver states he entered the box junction with his exit clear and the vehicle in front of him stopped unexpectedly for no reason as he had a clear lane ahead. The enforcement authority state there was no evidence to show the vehicle came to a stop for no reason. The CCTV evidence does not show that area of the road whereas the driver had a clear view from his position in the cab.

 

I have viewed the CCTV evidence a number of times and I am satisfied that the vehicle did not enter the hatched area before the other vehicle had left the area. The vehicle in front of the truck does appear to come to a halt and the CCTV does not appear to show a vehicle in front of that vehicle. Therefore the enforcement authority cannot say the vehicle was stopped for no reason as there is no evidence to suggest it had to stop due to other traffic. It is clear from the CCTV that the Appellant’s vehicle drove straight across the junction and stopped due to the other vehicle which left him partially in the hatched area. The driver states the road ahead was clear ahead and there was no obstruction to cause the vehicle in front to stop. He had the better view at the time.

 

Having carefully considered the CCTV evidence a number of times I cannot be satisfied there was a valid reason for the vehicle in front to stop where it did. The enforcement authority’s evidence does not show any reason due to the position of the CCTV camera. The evidence of the Appellant is more compelling in his account of the vehicle stopping without due reason. Therefore there is a doubt in this case and that doubt must necessarily be resolved in favour of the Appellant. The appeal is allowed.

 

Saracens signage - again - Woodcote Avenue

 

This PCN was issued for the alleged contravention of being parked in a permit space or zone in Woodcote Avenue at 3.46pm on 30 January 2016 without clearly displaying a valid permit.

I have looked at the CEO's images. These show Z's car parked in Woodcote Avenue where there were no bay markings. The images show no signage of permit parking restrictions in Woodcote Avenue itself. The Council relies upon signage at the junction of Salcombe Gardens as being adequate to alert motorists to the restrictions in Woodcote Avenue.

 

I am allowing this appeal because I do not consider the signage of the restrictions to be adequate. The Council submits google images of the junction of Salcombe Gardens and a close up image of a permit holder only restriction sign "past this point" on Event Days between 1pm and 6pm. There is a next event panel at the foot of the sign.

 

The Council correctly states that there is a sign on both sides of Salcombe Gardens. However, the sign on the right hand side of the road is past the left hand turn into Woodcote Avenue and is therefore unlikely to be seen by a motorist entering Woodcote Avenue. It may be adequate to alert motorists driving along Salcombe Gardens but it is not adequate for motorists making the left turn.

 

There is a sign on the left hand side of the road facing the oncoming traffic and this is placed at the junction. It is, however, not clear whether the "past this point" restriction means past this point for traffic continuing along Salcombe Gardens or past this point for traffic making the left turn into Woodcote Avenue. Furthermore, it appears from the google image that cars park on the road immediately before the junction. If a car is parked as shown in the image, it will inevitably make the restriction sign less likely to be seen as it will not be in the direct eye line of the motorist making the turn.

 

Stuffed balloon bears

 

A Penalty Charge Notice was served on the vehicle for being parked in a pay bay without a payment having been made on 25 May 2016 in Golders Green Road. The civil enforcement officer observed the vehicle from 10.47 to 10.52 when the Penalty Charge Notice was issued. The notes were made at 10.57 and no activity was seen.

 

The Appellant made representations in response to the Notice to Owner and supplied an invoice to show he was delivering “stuffed balloon bears”. He explained that due the nature of the items and their vulnerability there was a requirement to park as near as possible to the place of delivery. The enforcement authority rejected the evidence as the invoice did not show where the delivery was in Golders Green Road. The only reference was I Fontein. A further invoice shows the delivery to be 102 Golders Green Road and from the map provided by the enforcement authority this was near where the vehicle was parked.

 

I am satisfied on the evidence this was a genuine case of unloading and the Appellant was permitted to park and unload. Eleven minutes was not unreasonable length of time to be away to make such a delivery. Mr B. may benefit in future from leaving a note when making such a delivery. The appeal is allowed.
 

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What the above decisions show is that it is worth the time to watch the yellow box cctv a few times and see if you shows you entering the box and why you stopped.

 

I fear that Barnet Council won even more cases in October 16 but we'll see soon.

 

Keep those Appeals coming.

 

Yours appealingly

 

Miss Feezance