Hello experts
I've received the below PCN from B + H council for stopping on a red route. I was actually in a loading bay transferring audio equipment to a local pub about 50m away for a NYE gig myself and my brother had agreed at short notice. There were some delays outside of our control in delivering the speakers where they needed to be in the pub. The audio equipment consisted of bulky and heavy (just shy of 20kg each) powered speakers and a large carrier bag (probably in the region of 5-7 kilos) containing power cables for the speakers, extension leads, a reel of 4x6m XLR audio cables and some isolating foam.
I'd pre-checked the loading bay location beforehand on google maps and so that's where I stopped to deliver the items. We needed to drop off these items separately to expedite our prep and because everything else would be able to fit with us in an Uber/taxi when we returned on a separate journey.
The PCN:
The council's video evidence that they have lifted some images from:
You can see me first appear in frame returning to the vehicle at about 3m50s. I enter the car and then return with the carrier bag. In an unfortunate coincidence the removal of the speakers has been missed by the CCTV. I reappear in frame at 8m10s, entering the car and setting up navigation on my phone back to my brother's flat. My brother appears in frame at 9m0s jogging back to the car and getting in. Vehicle leaves bay at 9m20s.
I initially submitted representations to the council soon after receipt of the PCN. Unfortunately I seem to have fallen into the trap of making my reps a bit detail heavy and containing some minutiae that the council officer has used to reject the appeal off hand. My reps as submitted verbatim to the council selecting the no contravention occurred option from the available grounds:
I make representations against this PCN for the following reason:
No contravention occurred due to exempt activity, specifically unloading/delivery of bulky/heavy audio equipment/ancillaries as partially captured by your own CCTV evidence. I had checked Google Maps prior and identified the loading bay on the right hand side of Preston Road that was close to the Joker pub as shown in the CCTV video. The unloading/delivery of the bulky/heavy speakers and connection accessories for them took only as long as necessary with my vehicle present in that bay for a little over 10 minutes for this purpose. This time period covered:
Us arriving in the bay and carefully removing the speakers from the back seat of the car.
Carrying the speakers up to the Joker Pub, where we had been booked to DJ for New Year’s Eve.
Waiting for the manager to become available in the pub while it was busy (as it was NYE) to confirm where to put the speakers and get the ok for us to go ahead with moving bar furniture etc.
Due to space constraints, temporary movement of bar furniture such as tables and chairs (and also in this instance notifying some customers that were at the table) but also the large, heavy DJ booth itself. This was in order to allow safe siting of the speakers as they would be stacked vertically on top of each other, and also access to power/audio connection points.
Returning to my car as seen at 4m25s in your CCTV video to retrieve from the passenger foot well a large carrier bag of audio/power cables and other ancillary items required to operate the speakers and carry that back to the pub, confirming the ongoing continuous unloading/delivery of goods.
Wire up the speakers and move back into position displaced bar furniture and double check the speakers were safely in place with all ancillary items we needed present.
At 8m20s I can be seen to unlock and return to the car, setup Google Maps navigation (which can be seen in the CCTV video as the illuminated square through my rear windscreen) back to my brother’s flat in Hove and start the car. My brother quickly followed after me and we promptly left with the car exiting the bay at 9m20s.
Attached evidence:
1. Car Joker Location
2. Joker Pub NYE booking Confirmation
3. Joker NYE Invoice Copy
4. Speakers and cable bag
5. Speaker model
6. Stagg SM12PLCD Specs Page
7. Speaker Location in PubA prompt notice of rejection from M Case was received as below:
I was disappointed but realised I had erred in giving such a detailed representation. Chronology was loose and I didn't give any weighting to how long each bit took but that doesn't matter. He helpfully recommended that I should have parked somewhere else for preaparatory work and that "talking to customers" is not part of the exempt activity. My car was fully laden and both of the speakers were visible in the back seat as my boot was full of flight cases containing roughly 400 vinyl records for the night. Leaving my vehicle unattended in a part of Brighton I am not familiar with containing such high value gear and music is not a good idea in my opinion. I also am not local having driven an hour and a half from Surrey stopping only to immediately pick up my brother in Hove and continue on to the pub.
This is likely all irrelevant if my understanding is correct about a potential fatal defect in the PCN that I have since discovered. If experts could please confirm that would be great. After the NOR I more fully interrogated the PCN and accompanying evidence:
The PCN alleges a contravention time of 18:58. The NOR more specifically states the contravention time as 18:58:01.
There is no contravention at that time as the vehicle had exited the bay by 18:57:19. The video feed then switches to a completely different location at 18:57:57 onwards where my vehicle is also not present. Any thoughts welcome.
