Driver’s victory over poor signposts in Lewisham Low Traffic Neighbourhood could lead to hundreds more cases

By Grainne Cuffe, local democracy reporter

 

A resident who defeated Lewisham Council in a tribunal over a penalty charge notice (PCN) is asking for others to be reversed.

Oliver Du Sautoy brought the council to tribunal after being slapped with a fine for going through a camera-enforced barrier within the Lewisham and Lee Green low traffic neighbourhood.

He argued that the particular modal filter, where Northbrook Road and Manor Park meet, was badly signposted.

The council changed the signage months after the LTN launched and after Mr Du Sautoy went through the barrier.

On December 7 an adjudicator at London Tribunals ordered the council to cancel his fine and to refund any money that had already been paid.

Now Mr Sautoy is asking that all fines issued to drivers at that spot between the launch of the LTN and when the council improved the signage should be cancelled.

According to the decision: “Mr Du Sautoy argues that the bus route signs are not sufficiently clear to motorists turning left until after a motorist has committed to making a left turn.

“The local authority acknowledges that there is now an additional sign in Northbrook Road but the local authority does not explain why the signs were erected if the local authority was satisfied that the bus route signs were clear absent the additional no left turn sign.

“I am not satisfied that on September 5 the bus route was sufficiently clearly signed to alert motorists turning left into Manor Park of the restriction. I allow this appeal.”

Mr Du Sautoy said: “I suspect hundreds of people have been caught at this very confusing, pretty mean-spirited trap.

“What’s really galling is that they’ve rejected appeals that have gone in knowing the signs are wrong.

“Someone at Lewisham Council has taken the trouble to work on 30-odd pages worth of evidence against me.

“It’s a classic example of petty injustice.

“I feel that it is the responsibility of Lewisham to actually go back and refund any fine relating to that incident because they’ve obviously made a mistake.”

Much of the LTN was reversed in October after a spike in traffic in neighbouring areas, though the left turn on to Manor Park is still banned.

It emerged at a full council meeting in October that the council had issued £3.1 million in fines following the introduction of the scheme.

Drivers breaking the rules have to pay £65, which doubles to £130 if they fail to pay within two weeks.

Mr Du Sautoy and others say that residents who have a case to fight the PCNs don’t do so because they are worried about the fines increasing.

Annie Kirby, a resident who lives just outside the LTN, has been helping people challenge the fines with advice on community app Next Door.

She said: “I kept seeing all these stories come up about people who have lost their jobs or just been really affected by the pandemic.

“It made me angry because I felt there could not have been a worse time for them to introduce financial penalties.

“I can understand the reasons for the LTN, and I think the principle is a good one and the sentiment is important but the financial side of it made me really angry.”

Ms Kirby spoke to experts who know about the laws around PCNs. She also found out that the council pays £30 for each tribunal case through a Freedom of Information request.

“The more that was being uncovered about the process the more I felt I need to tell people about this,” she said.

Ms Kirby said the council is also going to tribunal over cases that are “clear cut”, such as one fine that was issued after the statutory 28 days was up.

“The council knew that but they were hedging their bets,” she said.

A council spokesperson said: “We would ask motorists to respect the restrictions to avoid receiving tickets.

“We have seen a 93 per cent drop in contraventions since the camera enforcement started, so the majority of people are following the rules.”