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harwood terrace London CCTV PCN - fight!

malchish
malchish Posts: 341 Forumite
edited 2 September 2014 at 2:25AM in Parking tickets, fines & parking
I post to warn unsuspecting motorists about a clever trap by Hammersmmith and Fulham council.
if you go from imperial Road and enter Harwood terrace, there is a very tight width restriction 6'6. It damaged many cars already.
There is a tiny sign "keep left" placed on a bollard.

it is not visible if you are turning right.

so, if you enter on another side of the road,, not through the narrow gate, you will be filmed and receive a PCN for £130 despite your car being legally within the permitted width.
The PCN would read "Harwood tr Nebound Junction with Imperial rd". Nebound means "north-east" bound in a council's language.


this junction is a special cash cow for the council, but there is a way to successfully beat them.

This is what you can use:
1) The sign placed there is not a proper sign 610. It has a black border - a proper sign must have a blue outline.variations are not permitted.
2) the sign is smaller than prescribed: Traffic signs manual gives the minimum sizes for road signs, placed on a road with speed limit up to 20mph, as 450mm min, this sign is 260mm.
3) the sign is mounted too low,despite space on the post at a normal height. The normal mounting height is min 90cm from to lowest point of a sign. from the ground.
Therefore the sign is placed unlawfully and is no clear/visible enough, which means that it is unenforceable.

4) The width restriction 6'6 needs to have a Traffic Management order in order to become valid. This order must be published in London gazette.
In response to FOI request, both the council and the london gazetter so far could not find documents confirming th notie of such an order. Instead , there is a 2006 order for a 7' width restriction.

So, if you get trapped , bear in mind, you can successfully appeal and pay 0 :beer:.

Comments

  • Dee140157
    Dee140157 Posts: 2,864 Forumite
    Part of the Furniture Combo Breaker Mortgage-free Glee!
    thank you this could be useful information for anyone who gets caught by this, but as it is regarding a council issue, can you post this on the more relevant board on https://www.pepipoo.com? This board is a private parking ticket forum. So we don't tend to help with council PCNs except to send them to pepipoo.
    Newbie thread: go to the top of this page and find these words: Main site > MoneySavingExpert.com Forums > Household & Travel > Motoring > Parking Tickets, Fines & Parking. Click on words Parking Tickets, Fines & Parking. Newbie thread is the first post. Blue New Thread button is just above it to left.
  • Dee140157 wrote: »
    thank you this could be useful information for anyone who gets caught by this, but as it is regarding a council issue, can you post this on the more relevant board on www.pepipoo.com? This board is a private parking ticket forum. So we don't tend to help with council PCNs except to send them to pepipoo.

    Yes, it is a good idea . i just want this matter to come up in internet searches, when poor victims look for help.
    This junction is not reflected anywhere yet. This council is known for moneymaking road layout, such as famous Bagley Lane box junction.
  • andy13
    andy13 Posts: 216 Forumite
    Looking at the streetview image there is a legal keep left bollard at the junction. Any driver passing this to the right isn't being trapped.
  • malchish
    malchish Posts: 341 Forumite
    the sign on the bollard is smaller than required by law (on a road with 30mph speed limit the minimum size of such a sign must be 600mm.), so it is illegal at this location - unenforceable.
    Also, the sign 610should be positioned at 160 cm height where possible 9it is indeed possible there - there is a post - however the sign sits at about 60 height - too low
  • malchish
    malchish Posts: 341 Forumite
    but the ost interesting point is that there in no alid traffi regulation order for 6'6 width restriction at the location!
    The council admitted that they hae a TRO for 7' restriction, not 6'6!!! Therefore the whole width restriction is unlawful (in my opinion).
    a sign that requires drives to use an unlawful width restriction, cannot be classed as lawfully placed!
    Imagine a sing "keep left" which points to a wall. Would you drive your car into a wall in order to abide the sign/ no. Is such sign lawfully placed? NO.
    Would you avoid an accident and proceed against thew sign? Yes, if you are allowed to proceed (as all vehicles narrower than 7' are allowed at the location).
    If you get a penalty for not abiding the sign that asks you to drive into a wall - would such penalty be lawfulk? NO!!!
    If you get caught at this location - appeal, you will win, and the council will be forced to change the signs.
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