SANDWELL - Contravention 46 Stopped Where Prohibited (Red Route), Wolverhampton Road Oldbury

Just to emphasise the London Tribunals case decided on 30th July 2026, here is the judgment: -

Quote

A contravention can occur if a vehicle is stopped where prohibited on a red route.


The Penalty Charge Notice was issued under Regulation 11(1)(d) of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 (the ‘2022 General Regulations’) on the basis of a record produced by an approved device.


There appears to be no dispute that the vehicle was stationary at this location, as shown in the closed-circuit television (cctv) images produced by the Enforcement Authority.


The Enforcement Authority’s case is that no stopping is permitted on the red route at any time on any day, as indicated by the double red line.


However, in R(TfL) v. London Tribunals (Environment and Traffic Adjudicators) & Ors [2023] EWHC 2889 (Admin), Mr Justice Swift decided at paragraph 16 that:


the requirements in sub-paragraphs (a) and (b) of the definition are cumulative; to be a red route for this purpose the road must be marked "in accordance with" both requirements. The requirements are not alternatives.


At paragraph 17, Mr Justice Swift concluded that:


Nor is it correct that the requirement at sub-paragraph (b) for signage can be construed as applying to one but not the other of the two alternative requirements within sub paragraph (a).... the correct conclusion is that the definition of red route requires that both condition (a) and condition (b) are met.


The Enforcement Authority does not appear to dispute that there is no signage at the location as it submits in its case summary that it is not required.


A sign is not required to put motorists on notice of the red route restrictions. However, the relevant issue in this present matter is whether the Enforcement Authority was entitled to issue a Penalty Charge Notice by post. The decision of the High Court in the case referred to above means that both lines and a sign are required to meet the statutory definition of a red route to enable the Enforcement Authority to issue a Penalty Charge Notice by post.


I therefore find that, because there was no sign, the red route was not a "red route" in accordance with the definition of Regulation 11(2) of the 2022 General Regulations and therefore that the Authority was not entitled to issue the Penalty Charge Notice by post.


Accordingly, this appeal must be allowed.

I have emphasise the basic point of the ruling in bold.

Thanks for such a comprehensive outline of the appeal verdict. I guess this also applies to my situation as the PCN was issued by post yet there is no red route sign anywhere near the site of my alleged contravention.

The question is should I add any of the above to my representation to Sandwell council?

Here is a re-worked draft of my representation to Sandwell Council.

I'd appreciate it if anyone could read it through and comment please.


REPRESENTATION

A CCTV video recorded my car outside my home for all of ten seconds during which I was engaged in a manoeuvre reversing out of the garage at my home and waiting for a gap in the traffic to start my journey.

The CCTV video footage shows that the way was not clear for me to join the traffic. In fact the CCTV camera which recorded the alleged contravention seems to be mounted in a vehicle positioned on the carriageway in such a way that the camera vehicle was also directly responsible in preventing me from joining the traffic flow at the time of the video recording.

During the entire time of the video recording I was behind the wheel of the car with the engine running awaiting a gap in the traffic.

A passenger is shown closing a nearside door after depositing some luggage on the back seat.

I have scrutinised the CCTV footage and to my eyes it appears that from frame 1187 to frame 1199 (which is less than one second of video) I am edging the car forward so as to begin positioning my vehicle to enter the flow of traffic. Prior to frame 1187 it is impossible to determine if my car is stationary or not. Since the video evidence is unclear as to whether I was stationary then it is also unclear whether a contravention of "46 Stopped where prohibited (on a red route or clearway)" took place.

Four doors up the road from my house is the road junction where Parsons Hill and The Queensway meet the Wolverhampton road. In order to turn right from the red route into either Parson's Hill or The Queensway most cars need to stop and wait for a gap in traffic. This 'right turn manoeuvre' involves stopping until it is safe to complete the manoeuvre.

In a similar fashion, if I was stationary at any point while manoeuvring my car between my garage and the carriageway I would argue that it should be considered to be part of a legitimate manoeuvre rather than 'stopping' as defined in PCN contravention code 46, particularly since the CCTV evidence which pertains to the alleged contravention lasts no longer than ten seconds and during that period there was no opportunity to join the traffic flow.

The section of the road where i live is notorious for many accidents. I have observed many serious collisions from my window and in December 2023 on the opposite (northbound) carriageway running past my home I was hit by another driver in a no fault collision and my car was written off. It is for this reason I choose to take extra safety precautions by not reversing off my property directly onto the carriageway, but rather reverse partially onto the verge adjacent to the red route in order to join the traffic in a safer fashion.

In closing could I ask the Sandwell parking appeal adjudicator exactly how I am meant to exit my property in my vehicle without my car being briefly stationary, either adjacent to, or actually on the red route at some point during such a manoeuvre?

END OF REPRESENTATION


Also, does anyone think that I should add anything about the need for both road markings and a sign to be present for the postal PCN to be legitimate, as per incandescent's post or does this just apply to London?


The nearest Red route signs to where the alleged contravention took place are approximately 100 meters away. See image link below:

Location of closest red route signs


and this is a frame from Sandwell's CCTV video showing that one sign was covered by a tree at the time of the alleged contravention:

PCN__ CCTV__FRAME__Position of closest red route sign


I can post more pics of the red route signs if you need further clarification.

I wouldn't send that, you're admitting being stationary without a developed context(and it's obvious from the CCTV because your rear door is open), you're admitting to where a red route sign is etc.

I live at ..... I have an integral garage;
My house fronts the main road and has a vehicle access crossover;
The road is busy and therefore for safety reasons I tend to drive forwards off the carriageway and have to reverse out and do a 180 in order to get on to the road.
I was in the middle of such a manoeuvre when your camera vehicle caught a momentary glimpse of my car.

...I still don't understand why your rear door was open, pl explain.

Is the above correct so far? It covers why you were there, why you need to do what you do and that the camera captured you momentarily.

Remember, the council didn't know you live there when the PCN was issued, they only caught a car momentarily!

Yes it is far too long.

I can't see an open door on the video.

You just need to say you are a resident and reverse out to turn onto the crossover etc. which is what you were doing. The car is parked on your garage and was not parked on the verge.

Don't concede anything.

I've taken on board tincombe and stamfordman's guidance and here  is the revised representation:

REVISED REPRESENTATION TO SANDWELL COUNCIL

I live at ___ Wolverhampton Road. I have an integral garage where I park my car (see accompanying jpg).

My house fronts the main road and has a vehicle access crossover.

The Wolverhampton Road is busy and the section in front of my house is a notorious accident black spot. Therefore for safety reasons, when arriving home I tend to drive forwards off the carriageway and into my garage. This means I must reverse out of my garage and do a full 180 degree turn in order to enter the flow of traffic when leaving home.

Your camera vehicle caught a momentary glimpse of my car in the middle of navigating between my garage and the carriageway. The camera vehicle was travelling too quickly to capture the entire manoeuvre.


END OF REVISED REPRESENTATION TO SANDWELL COUNCIL



I plan to include a jpg of my council tax bill as proof of residence and also a photo of my house showing the integral garage, driveway with capacity for three cars and the footway crossing.


To answer your question tincombe,

...I still don't understand why your rear door was open, pl explain.

The person seen closing the back door was my brother who had just dropped shopping bags onto the back seat and was walking back up the drive to close the garage door while I completed the 180 by driving forward to get the car in a position where I could best assess when to enter the traffic flow.

However, as stamfordman indicates, due to the poor video resolution it's difficult to clearly see a door closing, there is just a dark blur in a couple of frames.

Should I mention this in the representation? If I don't, they might try to argue that the person closing the door is the driver, even though the video can neither prove nor disprove that I was still sitting in the driving seat. However from your previous comments I take it I shouldn't.

Finally, should I make my representation based on the fact that I didn't contravene PCN code 46?

Thanks guys, I really appreciate you taking the time to look over this for me.

You're recounting real life events as they happened. Remember, the council knows nothing about you, your car, why it was there etc. so don't get defensive, simply give your account.

Perhaps...add where you were going and why(shopping) and that while you were manoeuvring and in the moment that you were transitioning from reverse to forward your brother took the opportunity to take the shopping bags which I'd forgotten into the car.

I can't tell you what to write, but surely you know.

And 'the contravention did not occur'.

Thanks tincombe, I've added some lines to account for my brother's presence in the video.

I've had to change why my brother opened the car door. It wasn't shopping bags because I just checked my supermarket receipts and I don't have one for the day of the PCN. We usually shop after playing crown green bowls so its likely he was putting the bowls in the back. Rather than complicate the representation with my life story I've added a much simpler shorter reason.

REPRESENTATION TO SANDWELL COUNCIL - 3rd REVISION

I live at ___ Wolverhampton Road. I have an integral garage where I park my car (see .

My house fronts the main road and has a vehicle access crossover.

The Wolverhampton Road is busy and the section in front of my house is a notorious accident black spot. Therefore for safety reasons, when arriving home I tend to drive forwards off the carriageway and into my garage. This means I must reverse out of my garage and do a full 180 degree turn in order to enter the flow of traffic when leaving home.

The person seen in the vicinity of my car was my brother who had just closed the garage door for me. While I made the transition from reverse to forward he took the opportunity to drop the garage door key onto the passenger seat. I completed the 180 by driving forward onto the footway crossing in front of my house to get the car in a position where I could best assess when to enter the traffic flow.

Your camera vehicle caught a momentary glimpse of my car in the middle of navigating between my garage and the carriageway. The camera vehicle was travelling too quickly to capture the entire manoeuvre.

END OF 3rd REVISION


If you give this draft the thumbs up I'll send it in tomorrow.

Include that you are making representations on the grounds of 'contravention did not occur'.

Will do.

I'll make my representation online today and post their response here.

Thanks tincombe.

Sandwell have responded to my representation.

See attached.

Thanks for all your input, particularly Stamfordman and Tincombe.

Sandwell Ruling Letter Pages 1 & 2

Sandwell have responded to my representation.

See attached.

Thanks for all your input, particularly Stamfordman and Tincombe.

Sandwell Ruling Letter Pages 1 & 2

Well done, a good result even though they have added a load if arrogant tosh to it.