TFL PCN Issued and initial Appeal rejected. Can I still get it cancelled?

Capana · 16 June at 11:01PM

Hi guys,

The driver of the vehicle in question at the time allegedly caused a contravention when performing a "No right turn" at the lights on this junction.
However, the driver mentioned in the appeal that on the day there were roads works and the traffic light sign was covered and the "No right turn" sign on the light was covered and not visible.
There was also a diversion in placing, from what they can remember, that said it was okay to turn right due to the diversion and road works.

Here is the initial appeal that was rejected:

To whom it may concern,

Re: Penalty Charge Notice XXXXX

I am the registered keeper of the vehicle with registration XXXXXXX and I write to formally challenge the validity of this Penalty Charge Notice (PCN).

This PCN was issued on 04/04/2025 for an alleged right turn at DRUMMOND STREET EASTBOUND JW HAMPSTEAD ROAD, stated as a contravention of code 50r – “Performing a prohibited turn (no right turn).”

I deny liability for this charge and submit that the PCN should be cancelled on the following grounds:

1. Legitimate Expectation and Diversion Due to Road Works

At the time of the alleged contravention, there were ongoing roadworks in the area which had altered the usual road layout and signage. The driver, who cannot be named, was acting in accordance with a diversion indicated due to the roadworks. It is a well-established principle that if temporary signage or road layouts override the permanent restrictions, no contravention can be said to have occurred. Therefore, the driver was under the honest and reasonable belief that a right turn was permitted at the time.

2. Inadequate and Confusing Signage

Given the altered road conditions and potential obstructions due to construction works, the visibility and clarity of the “No Right Turn” signage must be called into question. If the signage was obscured, displaced, or temporarily overridden by a diversion, then enforcement is neither fair nor lawful.

3. No Evidence of Clear Contravention

The images supplied with the PCN do not clearly establish the presence of adequate signage or the context of temporary road layout changes. Enforcement based purely on ANPR evidence without a clear contextual assessment fails the test of procedural fairness.

4. Mitigating Circumstances and Abuse of Process

TfL is under a duty to act fairly and consider any mitigating circumstances. Issuing PCNs during times of inconsistent or unclear road layouts (particularly when roadworks are in place) may amount to an abuse of process as described in Camden v The Parking Adjudicator and BHS t/a First for Food Service Ltd [2011] EWHC 295 (Admin).

Given the circumstances and the lack of a clear, enforceable contravention due to temporary road changes, I respectfully request that this PCN be cancelled.

Should you choose not to cancel the PCN, I request the following under the Freedom of Information Act and in preparation for appeal to London Tribunals:

Copies of all images and footage relied upon.

Evidence of the signage in place on the date and time of the alleged contravention.

Confirmation of any roadworks or diversions logged in the area on that date.

Yours faithfully,

=======================

They initially replied sending me the evidence...photos and a video on a CD(which I haven't viewed yet as no cd drive on my laptop).

But one of my main concerns is that the photo evidence they supplied of the junction is from 2023 with no road works.

So my question is can I still further appeal it given that they haven't provided proper or valid evidence?

Images attached.

Initial PCN - https://ibb.co/DHVhnNGR

Letters about photo evidence-

https://ibb.co/zWC5tP8L

https://ibb.co/s9C8m3bh

Letters of evidence with 2023 old photo:
https://ibb.co/Cs0r6nyy

https://ibb.co/wT4TDXL

https://ibb.co/4gtZ3VYn

Rejection letter: https://ibb.co/PGzrS3Md

https://ibb.co/rKK9ZWWn