Author Topic: Man wins traffic tribunal after council presents Google images from 2008 as evid  (Read 3391 times)

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Offline The Bald Eagle

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Here is a link to the FOIR referred to. The annotations at the bottom about sum it up. https://www.whatdotheyknow.com/request/penalty_charge_notices_for_no_le

I feel a $chunt coming on.

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Man wins traffic tribunal after council presents Google images from 2008 as evidence



 A MAN who was fined for turning left when it was banned to has won his appeal in court because the signs were “inadequate”.

Neville Watson, of Roslyn Road, South Tottenham, was ordered to pay £130 in May for turning left at the junction of Dowsett Road and High Road, near Bruce Grove Station.

Haringey Council installed signs banning people from making the turn in January – but the Environmental and Traffic Adjudicators said it was “small and below a traffic light”.

After a long battle, the fine was overturned.

Mr Watson believes other people have been caught out and his now hoping his win will spur others to challenge the council.

He said: “At the end of the day we saw it as another cash cow for the council, the signs were almost hidden. We just thought it was a situation where the council were almost blindsiding the public.

“We’re overjoyed, it’s very difficult to take on the council.

“It’s vitally important that members of the public know about this. Hopefully it’s not too late for people to take on the council, and use this case as precedent.”

His wife, Bobbette Watson, was also fined for making the same manoeuvre.

She said: “It is clear the council did not provide recent images of signs and road marking in the location instead relying on almost ten year old images and undated photographs.

 “On reading the final paragraph it is clear to me that unless things have changed since May, the council is evidently not sufficiently compliant with the necessary legal requirements.

“This being the case, I believe that many thousands of motorists in Haringey have received penalty notices erroneously. I think that it is important for the people of Haringey to be informed on this matter and where possible endeavour to recover any monies paid.

“It should also be made clear to residents that should they receive a ticket at this location they should challenge it and not be deterred if the appeal is refused by Haringey Council but appeal to the independent adjudicators. This is clearly an income generating swizz by the Council and needs to be stamped out.”

Adjudicator Michael Nathan said: “I am not satisfied the Enforcement Authority has provided sufficient evidence to me to establish that the signage at the time of the alleged contravention was substantially compliant with necessary legal requirements”.

Mr Watson’s £130 fine was cancelled as a result.

It was found via a Freedom of Information request earlier this year that the council made over £300,000 from the junction for January to April alone.

But Haringey Council say they only lost the case because they submitted old photographs of the junction, which did not show the full range of markings, by mistake.

 A Haringey Council spokesperson said: “A no left turn restriction is in place at this junction to make it safer for all road users and ensure a smooth flow of traffic.

“This restriction is clearly marked with signs and road markings and on a number of recent occasions an independent adjudicator has ruled that there is sufficient signage in place."

http://www.thisislocallondon.co.uk/news/14039164._We_are_overjoyed____driver_fined_for_turning_left_wins_court_appeal/
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Offline DastardlyDick

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The adjudicator has better eyesight than me - I can't see any TSRGD compliant signage at all!

Offline The Bald Eagle

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The adjudicator has better eyesight than me - I can't see any TSRGD compliant signage at all!

How about now?

(Click on pic to make it bigger)
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Offline DastardlyDick

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I need a new Google earth! None of that lot was present when I looked!!

 


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