City of London – Failing to comply prohibition on certain types vehicle


SITUATION

CCTV footage clearly showed the appellants vehicle driving on a route which was restricted to buses and cyclists at the time of driving.


This is a great example in how a case can be won on the basis of an error on the Enforcement Authorities (EA) end.

Even though the EA made an error, they never backed down…because they have nothing to lose, and only money to gain. They bank on people to give up so easily, which they do.

Read the next section to see what the error was, which led them to lose.


WHY WAS IT ALLOWED?

The Penalty Charge Notice (PCN) issued to the appellant stated ‘Contravention Code 52 – Failing to comply with a sign indicating a prohibition on certain types of vehicles’. The actual contravention the appellant did was ‘Contravention Code 33 – Using a route restricted to certain vehicles’.

In general, in order for the EA to enforce any contravention stated on your ticket, they must have the correct signs in place.

So, in order to enforce on this contravention (code 52), the signs must be a nature of a no entry sign (thick red ring around the circle).

However, the signs that were present were different and related to a different contravention; as shown by the CCTV footage.

The adjudicator did not accept that a code 52 contravention (which is what the EA wrote on the PCN) can be issued for what was a code 33 contravention.

Therefore the contravention did not occur.