Is it legal for TFL to issue a PCN based on a vans potential maximum weight in Rotherhithe Tunnel?

Navi48

Hello everyone

I am aware the Rotherhithe Tunnel has restrictions of vehicles over 2 tonnes in weight, 2m in height and 2m in width

I have a small van, with a kerb weight of 1542KG.  On my V5C it says, "mass in servce 1590, and max permissable and Revenue weight of 2220KG". 

I drove through Rotherhithe Tunnel with my van not fully loaded and under 2000KG, and the van is less than 2m in height and 2m in width. 

Received a PCN from TFL, and they have rejected my appeal, despite me asking for evidence of their claim.  I had assumed they had weighing sensors under the road or height & width sensors.  But all they say is "The restriction applies to all "'goods vehicles' with a gross weight exceeding 2000kg, irrespective of the use of the vehicle or what it conveyed".

So they're going off of what it says on my V5C.

Is it legal to penalise a driver for an assumed breach of restrictions as opposed to they actual weight & height?  Surely I can challenge this in court?  Not that I want to, and if it's highly likely I'd lose, I wouldn't want to waste my time for the sake of £80, but it doesn't say on the signage that crucial piece of info "irrespective of the use of the vehicle or what it conveyed"

Navi48

I think I can answer my own question.  They actually get you on the second page of correspondance.  Even though the signage doesn't specify "irrespective of the use of the vehicle or what it conveyed", I believe the type of sign it is i.e. Red and round, and designated in some government documents indicates a  Max Gross Weight.  Here's what they wrote:

"The restriction is indicated by the use of a statutory regulatory sign type 622.1A which indicates the weight restriction of 2 tones.  They are located at points near to where the restriction starts prior to entry to the tunnel. The rounded sign used us a prescribed sign in the Traffic Signs Regulations and General Directions 2016 - Item 13 diagram 622.1A in the sign table in Schedule 3, Part 2 which indicates "No Goods vehicles exceeding max gross weight indicated prohibited".

So I think this is dead in the water and will pay it, but might be useful info to others

Rodders53

Rotherhithe Tunnel restrictions - Transport for London  Mentions Gross Vehicle Weight which is equal to the Max Authorised Mass Vehicle weights explained - GOV.UK

So you are banged to rights.

Mad when my BEV is 2096 kg ULW but a passenger vehicle.

I think weights on signs are always GVW

Marksfish

We had this issue with a Toyota car derived van. As the taxation class was commercial, they automatically sent the fine. The company successfully appealed. TfL have got to be one of the worst organisations in the country to deal with!