ISLINGTON PCN 52JM Failing to comply with a prohibition on certain types of vehicle (motor vehicles) in Morris Place N4.

[Emmak123]

Hi

 

I have received a PCN for exactly the same thing on Morris Place. I am going to appeal on the grounds that there wasn't adequate advance warning of the prohibition

 

 

Point 15.30 of the traffic signs manual states

A bus gate is a short length of bus-only street

(see para 15.4). On a two-way road, access may be

restricted to buses in one direction only, with all

traffic permitted in the opposite direction, i.e. similar

to a contra-flow lane, but too short to be signed

as such. In this case, that part of the carriageway

reserved for buses should be separated from the

opposing flow of traffic by a traffic island and not

by a continuous line marking to diagram 1049 (see

figure 15-13). Bus gates are often used to remove

through traffic from a road but allow full access. They

effectively create a “no through road” for all traffic

other than buses. The bus gate may be located either

at a junction or part way along a road, and may be

used by pedal cycles and taxis where permitted by

the order.

 

I don't know how successful I will be, but would be interested to know how you got on before I post my appeal letter?

 

Thanks

Emma

[Emmak123]

Below is my appeal letter which I emailed to them yesterday. The first few points are more me having a rant as I know from other forums they aren't grounds for the ticket to be cancelled.

But I can't see how they will worm their way out of the quote from the DFT road signs manual. They have failed to set the bus gate up properly, so have no grounds to fine me for going through it.

 

I'll let you know when I hear back from them

 

 

 

I am writing to formally challenge the above Penalty Charge Notice.

 

 

There is inadequate advance warning of this prohibition.

There is no warning at the access point on Stroud Green Road.

This is in fact a no through road and should be sign posted as such.

The confusion is compounded as you approach the junction and see the

“turn left” arrow on the road, which again misleading (and perhaps

even encouraging to motorists), should perhaps state “Buses Only”.

 

Interestingly, according to Google Street View, you have replaced far

more substantial and clear No Entry signs with the smaller and

slightly more ambiguous No Motor Vehicles signs. Could you explain why

that was? It would appear to a more cynical mind that it could be a

way of “trapping” motorists and I will be submitting a FOI request in

order to obtain the figures for PCN’s before and after this signage

change.

 

Also, according to the DFT’s Traffic Signs Manual, Chapter 3, 15.30 states:

 

“A bus gate is a short length of bus-only street (see para 15.4). On

a two-way road, access may be restricted to buses in one direction

only, with all traffic permitted in the opposite direction, i.e.

similar to a contra-flow lane, but too short to be signed as such. In

this case, that part of the carriageway reserved for buses should be

separated from the opposing flow of traffic by a traffic island and

not by a continuous line marking to diagram 1049 (see figure 15-13).

Bus gates are often used to remove through traffic from a road but

allow full access. They effectively create a “no through road” for all

traffic other than buses. The bus gate may be located either at a

junction or part way along a road, and may be used by pedal cycles and

taxis where permitted by the order.”

 

Can you confirm that it was a bus gate where the alleged contravention

took place? And if so explain, why there is not a traffic island

separating it from the opposing flow of traffic?

 

 

Lastly, I am unable to view the pictures of this alleged contravention

on your website when using the PCN number and registration as detailed

above.

 

 

For these reasons I look forward to receiving notification that the

Penalty Charge Notice has been cancelled within 28 days.

 

Yours sincerely,

[Emmak123]

Yes, if it has to go to an adjudicator that's what I'll do. But there are cases where that hasn't been upheld. My argument is a true technical one, not based on opinion so like I said, I can't see how they'd get out of it.

[Emmak123]

Hi All

 

Just an update on my appeal regarding the fact that this is a bus gate but is not set up as one.

I hadn't hear a thing from Islington, have just called them and apprently the ticket was cancelled on 28th Feb. Marvellous. I've asked for a copy of the letter which I obviously haven't received yet, but will post it here when I do for future reference.

 

I'm chuffed, no need for an adjudicator!

[Emmak123]

Unfortunately I had already submitted my appeal before those were bought to my attention.

Fortunately, my appeal has been approved without having to take the next step anyway

[Emmak123]

When I appealed to Islington, they completely dismissed any argument against the signage. If you use that in your first appeal, you'll end up having to go to an adjudicator and although you'll still win as per the other posts on this forum, it will be more time consuming.

The argument about the bus gate is what won it for me, and they said it was being investigated. So if they still haven't put a traffic island up, that's your best bet.