Man wins parking appeal over 'inadequate' council sign in Wimbledon
1:00pm Wednesday 30th January 2013 in News
A financial advisor has won his appeal against Merton Council after the council was found to have provided inadequate road signs.
Alan Tollworthy, 66, received a parking ticket from a mobile CCTV van on October 8 after making an illegal right turn into Kingston Road from Russell Road in Wimbledon.
He claimed the road was insufficiently marked and appealed to Merton Council over the £130 fine.
He said: "There is only one sign on the junction, there should be two.
"I drove down Russell Road and there was scaffolding which obstructed the no right turn sign, but there is no sign on the right hand side."
His appeal was rejected but rather than give up and pay the fine, he took his case to the Parking and Traffic Appeals Service (PATAS) who upheld his complaint and cancelled his ticket.
In her report Jane Anderson, PATAS appeal adjudicator, said signage was "not clear and adequate" and that Merton Council had "inappropriately issued a charge certificate".
She also noted Merton Council had failed to enclose an appeal form with their notice of rejection.
Mr Tollworthy is urging anyone ticketed at this junction to use his case as a reference to appeal.
He said: "Merton Council needs to first of all put their signs in order.
"The council should refund every single ticket that they have issued on the junction."
A total of 932 penalty charge notices have been issued at this location in the last six months.
Merton Council have said they will not be issuing refunds as Mr Tolworthy's case amounted to "procedural impropriety" and other appeals to PATAS at the same junction had been found in their favour.
Councillor Mark Betteridge, cabinet member for performance and implementation, said: "The ‘no right turn’ sign is perfectly visible to drivers, and PATAS upheld our decision to issue a PCN to a driver who committed the same offence two hours earlier that day.
"We continue to work hard to make sure we are fair in our enforcement at all times to make our roads safe and minimise congestion."