Tribunal Backs Ealing Motorist Over 'Wrongly Placed' Traffic Sign

Ruling may have implications for others who have been fined

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An adjudicator has ruled that Ealing Council didn't put a traffic sign in the correct place and has overturned a fine issued to a local driver.

The case was taken to tribunal by the motorist who had received a Penalty Charge Notice (PCN) for turning right from Uxbridge Road to Chapel Road in West Ealing.


(image google street view)

The man - who doesn't wish to be named - was sent the £130 fine after being caught on camera making the turn on the morning of 25 September 2016.

He challenged the PCN because he hadn't been aware of the no right turn and hadn't seen the sign but says the council 'refused to budge'  and argued ' Drivers are expected to be vigilant at all times, regardless of how they may or may not be familiar with a particular route and therefore recognise, identify and comply with any road, traffic or parking restrictions they may face.''

He attended a personal hearing on Saturday (22 April) to put his case and told the adjudicator that the no right turn sign was in the wrong place - it was opposite the mid point of Chapel Road in which he was turning - so couldn't be seen in enough time to prevent the manoeuvre.

He told EalingToday.co.uk, ''This right turn prohibition ,like so many others like it, is merely a grubby revenue - raising execise rather than being about safety or traffic flow.'' 

Belinda Pearce, Adjudicator for London Tribunals, listened to his evidence and said, '' The Appellant contends that the particular sign is wrongly positioned and maintains a lack of clear visibility in respect of the same, advancing his own images in support.

''I had the benefit of assessing and questioning the Appellant at the Hearing; I found the Appellant's oral evidence to be cogent and credible and I accepted it in its entirety.

'' I take into account all the evidence before me, and whilst it is incumbent upon a motorist to consult signage and comply with restrictions, it is incumbent upon an enforcement authority to ensure the signage implementing the terms of a Traffic Management Order is adequate to communicate the nature of the restriction to motorists. I do not find that to be the case in this instance.''

The adjudicator directed London Borough of Ealing to cancel the Penalty Charge Notice and the
Enforcement Notice.

The traffic order was put in place in 2015 and this ruling could have implications for other drivers.

A total of 1687 PCNs have been issued here since enforcement began.

An Ealing Council spokesperson said: '' This measure was introduced as part of the council’s ongoing commitment to reducing congestion in the local area. We have complied with legal requirements for signage in this case and will be writing to the adjudicator to make them aware of this. Adjudicators can and do make different decisions on the same junction and as a result no one case sets a precedent.''

 

 

April 25th 2017 (updated 5th May)

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