Case Reference: 2130578309
Appellant: xxxxxxxxxxxxx
Authority: Camden
VRM: xxxxxx
PCN: CU37457526
Contravention Date: 03 Sep 2013
Contravention Time: 16:20
Contravention Location: Grafton Road NW5
Penalty Amount: £130.00
Contravention: Failing to comply with a sign indicating a prohibition on certain types of vehicle
Decision Date: 20 Jan 2014
Adjudicator: Anthony Chan
Appeal Decision: AllowedDirection: cancel the Penalty Charge Notice.
Reasons: The Appellant attended in person together with a witness Mr Jennings. The Authority did not attend and it was not represented.
The Appellant said that she was not familiar with the location and the signage was unclear in particular with the use of the no motor vehicle sign in conjunction with the road layout, but also because of the number of signs at the location.
While the location and its associated issues are not unknown to most Adjudicators, the Appellant has drawn my attention to a decision of the Culture and Environment Scrutiny Committee. It would appear that following consultation and a meeting of the Committee in August 2013, the Committee has agreed that the signage needs to be changed to make it clearer.
I am not bound by the Committee's views and my brief consideration of the minutes of the meeting did not enable me to learn why the Committee felt that the signage was unclear, save by reference the number of PCNs issued. However, the point had been made by the Appellant and the Authority has not addressed the matter. I do not feel that I am able to find in favour of the Authority on a signage point
when one of its own Committees concluded that improvements are needed and the Authority has not sought to qualify or explain the significance of the Committee's findings.
I am allowing the appeal.
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Hmmmmmmmm. I wonder if they have changed the signs in Grafton Road yet and if not, whether they are are still dishing out PCNs.
