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Longfield Avenue turning ban: Motorist wins appeal against fine as signs deemed 'not adequate'

Ealing Council has been ordered to refund a motorist £65 for turning into Longfield Avenue

An engineer fined £65 for turning into a busy Ealing road while driving will be refunded after it was ruled a sign warning of the ban was inadequate.

Phillip Emsley was slapped with the charge after turning right into Longfield Avenue, from Uxbridge Road, on November 24 last year.

Mr Emsley appealed the decision, arguing a sign to the left of the road immediately before the junction was not visible.

Ealing Council will now issue him a refund after it was ruled at a tribunal on Thursday (March 9) the positioning of the sign was not adequate.

However, the council said it believes the adjudicator "incorrectly assumed" there was one sign and not three.

Sean Stanton-Dunne, the adjudicator, concluded at the tribunal: "Mr Emsley has produced his own images and in car footage which satisfy me that the positioning of the single sign does not provide an adequate warning to the motorist approaching the junction with Longfield Avenue.

The sign which a tribunal has ruled was not visible enough

Motorists fined £230,000 in three months following introduction of controversial Longfield Avenue vehicle turning ban in Ealing

"The in car footage shows a bus in the bus stop immediately before the traffic lights and then a bus in transit which completely obscure the motorist's view of the no right turn sign.

"My immediate view on looking at the council's images was that the sign was sufficiently removed from the bus stop for this not to be a problem but Mr Emsley's footage does show a clear visibility issue.

"I therefore find that the alleged contravention did not occur."

Motorists to be fined for another SIX months for breaching Longfield Avenue turning ban in Ealing

Ealing Council has extended a ban on turning into Longfield Avenue from Uxbridge Road and vice versa(Image: Google Maps)

G etwestlondon previously found the ban made almost £230,000 for the council , after it fined 4,650 motorists, between July 4 and October 7 last year.

The ban prevents drivers turning right into Longfield Avenue from Uxbridge Road and left into Uxbridge Road from Longfield Avenue.

The council said the trial ban would end after six months, and would review it before deciding on its future.

The trial was extended to May this year , which the council said would enable it to collect more data on its impact.

Longfield Avenue junction ban: We take a closer look at the controversial Ealing road

Mr Emsley, an engineer from Wiltshere who was visiting the borough for a day due to work when he was snapped by a camera, said he hoped his success would spur other drivers into appealing their fines too.

He added: "I was very pleased with the verdict. The council have clearly rushed this one through without proper or fair consultation.

"I was shocked because I didn't remember seeing the sign.

"They (the council) need to present the evidence of the number of accidents that have taken place."

Motorists row over new ban on turning into and out of Ealing road

The council said it will write to the adjudicator over the decision it feels is incorrect.

An Ealing Council spokesman said: "There are three permanent signs on the Uxbridge Road approach to the junction, more than the legal requirement.

"Despite the council providing extensive written information for this case, it appears from the written decision that the inspector incorrectly assumed that there was just one sign on display.

"We will be writing to the adjudicator to reiterate this.

"The appeals service is not a court and adjudicators can and do make different decisions on the same junction and as a result no one case sets a precedent."

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