PCN 4 Brief Stop @ Bus Stop B4 Parking in Disabled Bay - Barkingside High St.

Hi everyone,

My sister recently received a PCN, and I’d appreciate some advice on whether she has grounds for an appeal.

She was waiting to park in a disabled bay, but another car was still occupying the space and preparing to leave. To avoid blocking traffic behind her (as this was on a busy high street), she briefly pulled forward in front of the disabled bay, momentarily entering the bus stop while waiting for the other vehicle to leave.

She was stationary for a very short time (likely under a minute), as the car in the disabled bay took its time to vacate the spot—understandably so. As soon as the space became available, she reversed into the bay, parked, and displayed her badge.

The clip on the Redbridge Council website conveniently doesn’t show the full duration—only about 9 seconds of her being stopped at the bus stop.

Any advice would be greatly appreciated.

Thanks in advance!







   

It's a no stopping contravention and while we see some people win on the grounds of being involved in a driving manoeuvre this was a long stop and I can't see reversing lights on.

There be process issues with the PCN to go on.

The car was stationary for at least 9 seconds in a bus stop clearway.

The driver's intentions are essentially irrelevant.

There is no evidence that the car moved out of contravention after 9 seconds.

With respect, we should consider the objective evidence which IMO means the contravention occurred.

Put them to strict proof that they have a VCA  certificate.

This is a procedural matter which is often successful.

But, dealing with this issue sequentially:

1. Was the driver in contravention? Yes. Move on to....

2. ..are they entitled to demand a penalty based upon their evidence, in this case that of their camera?

Other thoughts.

Vague location as just says High Street Barkingside.

Very long stop with sign at other end of bay - there has I think been a case won by CP on this.

Obviously they must consider discretion for a disabled driver waiting for a space she could see was becoming free. If they locate bays adjacent to the bus stop clearway the chances of a contravention for a driver reversing in must be high - it's a matter of how long.

An example re lack of VCA certificate, even when put on notice:



cp8759 has won several others on this point alone, of course.

The bus stop is 50 yards long according to GSV. The sign stating buses only may stop is approximately 8 & 1/2 yards from the far end.