PCN - challengeable?

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Hi Motors, been a while. Lurked here for years reading PCN threads and now its my turn...

I've just come home to a lovely letter for a PCN for 'failing to comply with a prohibition on certain types of vehicle', back in December. The road in question is the A1020/Royal Albert way in Newham, East London, specifically the entrance to the road from Gallions Roundabout (Google Maps Link). This is a particular stretch of road I use for about 95% of my car journeys and I've lived in the area for nearly 4 years now, so I am very familiar with it. About 6 months ago there were some minor roadworks/reconfigurations but most importantly, the 40 MPH signs seen at the entrance on google street view were replaced with digital ones. Here is a photo I took tonight of what it looks like now. I had noticed the "Enforcement camera in operation" sign in the past but I had no idea why all of this had been put in place until tonight.

My PCN was issued just after midnight when I was returning home from the A406 north circular direction. Lo and behold in the photo supplied the 40mph sign was replaced with a motor vehicles prohibited sign (more commonly known as the 'flying motorbike' sign for those like myself that may not be bang up to speed with the highway code). As I/my subconscious was expecting to see a 40MPH sign there as like every other time in the last 4 years - I have zero recollection of noticing the changed signage at the time. That much is on me, bit difficult to argue against that.

I feel the issues here are:

Firstly there is no obvious reason for access to be prohibited for cars and motorbikes to this road - its a 40mph dual carriageway with zero residential and very limited pedestrian access (although I can't help but notice one of the few buildings that does have direct access to this stretch of road is Newham council themselves!). There was definitely nothing 'out of the ordinary' during the drive to suggest that this particular piece of road was indeed closed. I would really like to know what has happened in recent history to compel the council to install digital signs to seemingly open and close the road at will, which brings me to my second point.

There is no forewarning about a road closure on any other approach road. Gallions roundabout is large and flows very well, especially with little to no traffic late at night. There is also a large building in the middle obstructing views of the far side. All this means that transiting the roundabout at 30mph with green lights all the way round would only put those signs in view for a few seconds before I would either be entering the road regardless or potentially make a last second abrupt manoeuvre to avoid entering. Also due to the small period of time the signs are in view surely a clearer sign should be used such as a red cross with wigwags such as those used on managed motorways, or (God Forbid) a sign saying ROAD CLOSED?

So what does motors think? Is there any grounds for appeal here or am I an evil child killer with zero understanding of the highway code and deserve to be sent to the chair?
 
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Cheer for the responses so far, glad to see its not unanimously in favour of me being a child killer!

I'm quite local to you and I've heard of people getting tickets there recently.

Apparently they've closed that stretch of road in the laye evenings as it's usually quiet and is made up of straights and roundabouts that the 'yoof' love messing about on.

Best to post up your PCN on mse forums as they'll be able to help with wording and specifics of the charge.

Btw that stretch of road is a god send if anything has happened on the A13 which always seems to happen.
If that is really the case then that is frankly ridiculous. Never thought I'd be the one saying this but surely a more sensible approach would be to install a speed camera/average speed check instead of blanket banning access to a major dual carriageway. Will see what advice I can find on other forums!

The road wasn't closed though, it was only closed to motorised traffic. Unfortunately not noticing or not thinking there is any reason for it be to closed to motorised vehicles is not really a defence.
I agree that 'not noticing' is a poor defence, however my goal here is to see if the general OCUK public agree or not as to whether the signage is adequate for this situation. Obviously I am biased towards it not being adequate as I've been caught out by it but it seems I am far from the only one, which would suggest that if the council are going to insist with this idea, then it needs improving.

Sounds like one that needs challenging en masse for the good of the general public vs. cancelling a one off ticket. It does sound like a weird setup though!
Regardless of the outcome of this ticket I certainly want to complain to the council about this entire setup. I've never done this before so if anyone has advice regarding how to go about this I'm all ears!

I’d say challenge it but expect it to be knocked back.

There have been a couple of road layout changes near me in the last couple of years that were poorly communicated and badly signposted in reality and people have successfully challenged those.
This is another point. Newham are normally very good at delivering frequent newsletters by post regarding various roadworks/schemes in the area (Silvertown Viaduct and North Woolwich road spring to mind). Not once did I ever get anything regarding the initial work and/or the following restrictions on the Royal Albert Way.

I use that City Airport Racetrack short-cut a lot, and I had no idea about this and have never noticed it. I imagine I'd make exactly the same mistake! Do you mean coming off the roundabout and heading toward Newham Council/Airport??
Yes that's the one!

Is there any other signage as you approach the roundabout that mirrors the state of signposts? From the picture they look like like they are after the exit from the roundabout so if you you go to turn in and realise that it is indeed closed can imagine there are quite a few last minute manoeuvres to get back into the roundabout flow - especially in left hand lane on approach? Similiarly the amount of people who blindly follow GPS but be a nice little earner!
The digital signs are indeed after the exit of the roundabout, as stated before with little to no traffic those signs would only be in view for a few seconds which does not leave much time for taking action. To my knowledge there is no other signage and definitely nothing to prewarn that this system is active. Will have to go on a discovery drive next time I'm home...
 
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I too had a PCN in December, leaving Excel I did not know the road and followed 2 other cars to find an exit road on to major roads as I was heading back to Hertfordshire, they also must have had a PCN! anyhow I appealed and was rejected (not surprised) they said they had installed advanced warning notices positioned at each approach to Royal Albert roundabout to advise motorists of the traffic camera enforcement, does anyone know when these were installed as I cant remember seeing them, it sais these signs show which exit this relates to! if they were there in December then I guess no point taking it further but if they have been installed after then I will definitely make a stand!
Still waiting on the results of my appeal. Interesting that it’s ‘closed’ right after an event at the excel as it’s the only major route out of there…

Having made several more trips there, I have since noticed there are signs installed on both ends:

One (very small sign) says ‘royal Albert way closed when signs displayed’, which one again suggests to me that the appropriate signs to be displayed on the actual stretch is ‘road closed’ and not ‘motor vehicle prohibited.

The other (larger) sign has a diagram on the roundabout with the exit for royal Albert way showing a speed camera sign, which again does not suggest that the road might be closed.

So in my opinion, yes there are signs placed in the run up, but still not appropriate ones. Make of that what you will.
 
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Well my result came back. Unsurprisingly it was rejected however there was an interesting line in the letter:

“You have stated you were visiting a park* and came across a lot of road changes which you were not aware of and you did not see the sign”

This is totally false as I did not give any reason at all as to why I was driving there (none of their business!) My guess is my case has been mixed up with another. Any chance for an appeal on the grounds of council incompetence?


*changed slightly on the odd chance someone from Newham sees this but the actual location was just as daft a place to be visiting after midnight.
 
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Update:

I had all but forgotten/given up hope on this but my outcome from the tribunal came back the other day and it was successful due to the procedural error!
Now that this is over I still want to make a complaint to the council about the entire setup. In their supporting evidence that was sent to me it was admitted that this was installed because of the boy racers using the road at night so I guess that means they wont be removing it at all, however I still think it need vastly improving if its going to stay. To add to my point I was driving there the other week at night, noticed the signs were active and still saw one car enter and two cars exit in the few seconds I was driving past, all were presumably fined!

Too late now, but what date did the alleged offence happen and when did the PCN arrive? While police generally issue FPN's promptly and in line with the legislation, local authorities are much worse at it. A good few years ago now I had a PCN from Havering alleging a no right turn violation, but because they didn't issue the PCN in line with the legislation - it arrived late, lied and blamed the DVLA, so I got the DVLA access records that showed Havering did not ask the DVLA for the information in time - they dropped it when it went to tribunal.

Happened mid Dec, got the letter about 3 weeks later, cutoff date is 28 days. Slow but legal!

whinges about a PCN then admits he doesn't know the highway code.
hmm
Well i definitely know now :D
 
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