MILLIONS OF POUNDS OF LONDON MOVING TRAFFIC PENALTIES ILLEGAL!
COUNCILS FACE REPAYING MILLIONS OF POUNDS OF ILLEGALLY COLLECTED FINES
From Barrie Segal - founder of AppealNow.com
Councils face repaying millions of pounds of illegally collected fines.
Parking ticket expert, Barrie Segal, the founder of the parking ticket website www.appealnow.com says, "Millions of pounds of London Penalty Charge Notices are illegal, and Councils face repaying millions of pounds which they collected illegally."
Barrie has investigated the matter and says that at least
signs are not enforceable in London as they have not been approved for enforcement. His views have been upheld by the London Parking Adjudicator (PATAS case 2090551700)
Barrie goes on to say, "As a result of my findings I believe that Transport for London and other local authorities will have to cancel all outstanding tickets issued for breaching the 10 signs below and will have to refund millions of pounds illegally claimed in the past."
Barrie says that the unenforceable signs include some of the most common signs like "No Right Turn", "No Left Turn" and "No U-Turns" are not enforceable in London because they were never authorised.
The total number of moving traffic penalties issued in the
three years to 2009 was 1,569,762
The illegal signs are as follows (diagram number are the signs numbers in the legislation - see notes for editors):
1. No right turn for vehicular traffic.
2. No left turn for vehicular traffic.
3. No U-turns for vehicular traffic.
4. All vehicles prohibited except non-mechanically propelled vehicles being pushed by pedestrians.
5. Entry to pedestrian zone restricted (Alternative types).
6. Entry to and waiting in pedestrian zone restricted (Alternative types)
7. Entry to and waiting in pedestrian zone restricted (Variable message sign)
8. Motor vehicles prohibited.
9. Motor vehicles except solo motor cycles prohibited.
10. Solo motor cycles prohibited.
Barrie goes on to say "This means that anyone who has received a Penalty Charge Notice under the London Local Authorities and Transport for London Act 2003 in respect of any of the above signs should immediately appeal. Anyone who has paid such a Penalty Charge should write to the authority and claim their money back."
Notes for Editors:
Although the legal points behind this are complicated there is not doubt that the result of these provisions and the decisions of the Parking Adjudicators demonstrate that the above signs cannot be enforced.
Notes for Editors:
Under the London Local Authorities and Transport for London Act 2003, authorities can issue Penalty Charge Notices for moving traffic violations in respect of specific road signs, called Scheduled Section 36 Traffic Signs, and are defined in the Road Traffic Act 1988, applied by virtue of regulations made under Section 64 (5) of the Road Traffic Act 1984.
A Scheduled Traffic Sign means a traffic sign of a type described in Schedule 3 to the London Local Authorities and Transport for London Act 2003. This says that it has to correspond, and this in turn refers to the Traffic Signs Regulations and General Directions 2002("TSRGD2002"). Regulation 10 sets out what are signs relevant to Section 36 of the Road Traffic Act 1988.
Where the authorities have fallen down is that although the TSRGD2002 show the signs it specifically
DOES NOT authorise them
for enforcement under the London Local Authorities and Transport for London Act 2003 and these 10 excluded signs cannot therefore be enforced.
The following are the 10 unenforceable signs signs, together with their number in the TSRGD 2002.)
1. No right turn for vehicular traffic (diagram 612)
2. No left turn for vehicular traffic (diagram 613)
3. No U-turns for vehicular traffic (diagram 614)
4. All vehicles prohibited except non-mechanically propelled vehicles being pushed by pedestrians (diagram 617)
5. Entry to pedestrian zone restricted (Alternative types) (diagram 618.2)
6. Entry to and waiting in pedestrian zone restricted (Alternative types) (diagram 618.3)
7. Entry to and waiting in pedestrian zone restricted (Variable message sign) (diagram 618.3A)
8. Motor vehicles prohibited (diagram 619)
9. Motor vehicles except solo motor cycles prohibited (diagram 619.1)
10. Solo motor cycles prohibited (diagram 619.2)
11. Goods vehicles exceeding the maximum gross weight indicated on the goods vehicle symbol prohibited (diagram 622.1A)
12. One Way traffic (diagram 952)
Parking Adjudicator case. 2090551700 (against Waltham Forest Council - No right turn held to be unenforceable)
Moving Traffic Penalty Charge Notices issued
2008 - 611,130
2007 - 418,512
The full charge for these contraventions is £120 so that a minimum of £150- million coud be involved
The Penalties are normally £120 so just for the last three years the figure to pay back could be £150 million.