WIN at the first (informal) appeal stage
PENALTY CHARGE NOTICE (PCN) DETAILS
Reason: Contravention Code 51 – Failing to comply with a no entry sign
Enforcement Authority: London Borough of Hounslow
The driver took a left turn into a road with one No Entry sign and was caught by a mobile CCTV van.
Seems fair right? The driver deserved a ticket?
Well in this case at the end of the supposed No Entry road, there was a blue round sign with a white arrow pointing right (see image below).
This is a clear cut example of non compliant road markings. One sign saying you cannot turn in and at the same time another enticing you and indicating you can. How convenient the council had someone sitting on their ass all day taking pictures of innocent motorists falling for the trap.
Not if we had anything to do with it!
FIRST APPEAL (INFORMAL)
So…we wrote up an appeal on the basis of 2 things:
1) Entrapment – due to the blue round sign.
2) No CCTV sign – it is not the law to do so, but is bad practice.
The main basis of the appeal being the images of the No Entry road.
As best practice you should always write appeals in the mind frame as if you are writing to the adjudicator.
Surprisingly stubborn Hounslow Council accepted the appeal in this first informal stage and it was won! (want to know why we was surprised? have a read of this case study…all will be understood)
However we didn’t stop there, a very small percentage of motorists actually go through the hassle of appealing. So, to ensure it did not happen again, we made a formal complaint to Hounslow Council about the area.
Would you believe it…they finally put tax payers money to good use and got rid of the sign and introduced new road markings.