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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Traffic Law
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Experience:  I am a solicitor with particular expertise in road traffic law.
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Ive been charged for doing a u turn where there is a no u

Resolved Question:

I've been charged for doing a u turn where there is a no u turn sign
But i performed a 3 point turn reversing into a driveway and going back the same way i arrived
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?

Customer: replied 2 years ago.
Relist: Other.
I have not recieved an answer.

Expert:  LondonlawyerJ replied 2 years ago.
Presumaby you have been sent a fixed penaty notice about this. YOur postion si that a 3 oint turn in not theh same as a U turn.

Ther is a ase on this exact point pending at the high court t the moment.

Alexis Alexander is arguing over his £65 fixed penalty fine and it is scheduled to reach the High Court this summer.

Alexander, according to the Telegraph, was given the fine in Fulham whilst delivering flowers on Mothers’ Day, but he is arguing that as long as a car is in reverse during part of the manoeuvre, you are not making a U-turn.

His argument is that a ‘no U-turn’ sign has no legal power over a driver making a three-point turn and motorists are entitled to lawfully circumvent the restriction.

Alexander had no luck when he challenged the fine before the Parking and Traffic Appeals Service, but he has now won permission from the High Court to seek judicial review on the point.

YOu should note that he lost in the lower tribunal and I think the view of most lawyers in this area is that this point is unlikely to succeed. The court could well decide that a U-turn simply means turning your car through 180 degrees and that is was what a 3 point turn does as well and therefore they are the same thing. The High Court does not like this sort of appeal point usually.

You might think the best thing is to pay the fine if you accept you did turn where it is alleged that you did and if the appeal referred to above succeeds ask for a repayment of the fine. I expect there will be press coverage of the case if it goes the driver's way. If you check with "Road traffic law.org" a blog on this sort of matter ther may well be a note of the appeal outcoem when it takes place.

I hope this answer is helpful but please feel free to ask follow up questions
LondonlawyerJ, Advocate
Category: Traffic Law
Satisfied Customers: 793
Experience: I am a solicitor with particular expertise in road traffic law.
LondonlawyerJ and other Traffic Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.
Hi

If you mean that you have received a parking fine from the local council then you will find the leading case here

http://keycases.parkingandtrafficappeals.gov.uk/docs/Azadegan%20and%20Orphanides%20(Panel%20Hearing).doc

which does effectively say that a 3 point turn is a U turn as the intention is to prohibit the reversal of traffic back upon itself whatever manoeuvre is used to effect it.

The Alexander case is not really particularly relevant to your current position because it considers adequacy of signs which is a specific appeal point.

If you have been given a fine by the council though then the only risk in appeal is an increase in the fine and, in fairness, they fail to contest appeals so regularly that its always worth a run.

If this is a summons to a Magistrates Court by the police then neither the above case or the Alexander case saves you necessarily and the risk is that costs would be ordered against you.

Some of the dictum in the leading case above though are points you could used to raise a defence.

However, if this is a police summons then contesting it would be a very brave decision.

Can I clarify anything for you?

Jo

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