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Hi

Was seeking help for a failing to comply with a restriction on vehicles entering a pedestrian zone.
The contravention took place 18secs into the zone coming into effect.  I genuinely believed that I was still a minute before the 2.30 restriction and the restriction applies to a very small section of the road that can be passed in less than 20seconds.



https://imgur.com/a/YgD1hL4

You need to follow the instructions in the above link about posting the BBCodes here.
Here you go:






Just two sides to the PCN?

Hi Henry, I was corresponding with you on Facebook about this case.

Here is the decision I referred to which will have relevance with your circumstances...

Case Details
Case reference   218015398A
Appellant   Mohamed Byanouni
Authority   London Borough of Barnet
VRM   RV62RFK
PCN Details
PCN   AG9020969A
Contravention date   08 Mar 2018
Contravention time   16:14:00
Contravention location   In Clovelly Avenue (Colindale Primary School) NW9
Penalty amount   GBP 130.00
Contravention   Stopped in a restricted area outside a school etc
Referral date   
Decision Date   17 May 2018
Adjudicator   Sean Stanton-Dunne
Appeal decision   Appeal allowed
Direction   cancel the Penalty Charge Notice and the Notice to Owner.
Reasons   
This PCN was issued for the alleged contravention of being stopped in a restricted area outside a school when prohibited. The alleged contravention occurred in Clovelly Avenue at 4.14pm on 8 March 2018.

I have looked at the CCTV footage and also the site images submitted by the Council. These show that Mr Byanouni's vehicle was stopped on entrance markings in front of Colindale Primary School. They also show that there is a sign at the location warning motorists that there is no stopping on the entrance markings between 2.45pm and 4.15pm Mondays to Fridays.

Mr Byanouni appeals because he says that he stopped to pick up his children from school. He says that he is well aware of the restrictions and that the clock in his car showed the time of 4.15pm. The Council says that its clock is calibrated according to the Atomic Clock, ensuring 100% accuracy. The CCTV timing shows the vehicle stopping at 4:14:18.

I accept the evidence of Mr Byanouni that the clock in his car showed the time of 4.15pm. I find that the alleged contravention did not occur. There must be some application of common sense. Motorists cannot all be expected to wear time pieces calibrated to the exact second according to the Atomic Clock. A motorist reading an ordinary watch will not be able to know the time calculated to the exact second.

Thank you!! Should I not reference Mohamed Byanouni v London Borough of Barnet (case reference 218015398A)?

Hi - finally got a response from Brent(they have an 6-8wk backlog!). My appeal was rejected…so I guess my next stage is appeal? If, the appeal is unsuccessful does that mean the full penalty is payable?

We need to see the NOR please.

1. Bolleaux re timings argument.

2. NOR fails to mention the power of the adjudicator to extend time in which to lodge the appeal.

Website has problems too as cp8759 may wish to explain - like Haringey.

Outcome.