A South London reverend has successfully overturned a £160 penalty charge for driving through a Low Traffic Neighbourhood (LTN) after an adjudicator found the road signage was obscured.
Background of the Case
Rev Peter Ratcliff, of St John's Continuing Church in Wimbledon, was issued a penalty charge notice after driving through an LTN-restricted road in November last year. The restriction was at the Abbey Road and High Path junction in South Wimbledon. Rev Ratcliff, who lives near the restricted road, felt compelled to challenge the penalty as he believed it was unfairly imposed and would likely catch out many other motorists.
Signage Issues Identified
Rev Ratcliff argued that the signage for the Abbey Road LTN was inadequate. Key signage was not prominently displayed, with one sign obscured by tree foliage and another positioned too far from a driver's natural line of sight. At a London Tribunal hearing, the adjudicator agreed that the most important sign on the left-hand side only became visible as drivers approached a bend, by which point they were already close to the restricted area. A sign on the right-hand side was set back within the junction and less likely to be seen in time. The tribunal also ruled that warning signs indicating a 'no through road' did not adequately alert oncoming motorists to the specific restriction.
Successful Appeal and Council Review
As a result, Rev Ratcliff's £160 penalty was cancelled in March this year. However, Merton Council later sought a review of the decision, arguing that Rev Ratcliff had been aware of the restriction for nearly a year. At a subsequent hearing on April 18, a second adjudicator sided with Rev Ratcliff and upheld the original ruling.
Rev Ratcliff expressed frustration with the council's attempt to review, stating: "You are not meant to guess where signs are hidden behind trees or remember where they are... You are meant to see them, that is what they are for."
Call for Refunds
Rev Ratcliff believes Merton Council should accept appeals from other motorists who have received fines at that same junction. He said: "Trees don't move, signposts don't move and width restrictions don't move, so what applies to me should apply to them. You [the council] have a moral obligation to refund people."
While he was clear that he was not against the council, he said: "Let us hope that Merton will now do the honourable thing and offer to refund charges to everyone else and also to correct the signage to make it clear. I have done what I can for the time being. It is now over to everyone else to politely ask Merton to do the right thing. I will try to help anyone who contacts me if I can."
Council Response
A spokesperson for Merton Council said: "The London Tribunals adjudicator found that the signage is up to legal standards. The council acknowledges the decision made by the adjudicator, which is relevant only to this case. We are confident that all required signage in the borough – including those for schemes like School Streets or Low Traffic Neighbourhoods – meets the legal standard."
Some of the branches covering the sign have since been cut, but Rev Ratcliff continues to urge the council to refund others affected.
