Transport for London – Failing to comply prohibition on certain types vehicle


SITUATION

The appellant failed to comply with a prohibition on certain types of vehicle (goods vehicles exceeding a mass gross weight of 2 tonne).


The appellants case was the the signage was not adequate, due to it being unclear and obstructed at the time.


WHY WAS IT ALLOWED?

The Adjudicator considered the evidence and found no evidence from the Enforcement Authority (EA) regarding the vehicles weight.

The burden of proof is on the EA to prove the vehicle exceeded the mass gross weight of 2 Tonne.

The EA is required not to just believe that the vehicle was over the weight limit, but must have reason to believe it.

Therefore the contravention was not proved.