OP, let's park the conspiracy theories pl: as regards local government, when given the choice between c**k-up and conspiracy, put your money on c**k-up!
See this:
https://assets.publishing.service.gov.uk/media/5c78f895e5274a0ebfec719b/traffic-signs-manual-chapter-03.pdfSo, three types of clearway, only one of which applies to verges, if indeed this was your contravention.
Dear Sir,
PCN *******
My grounds of representation are that the contravention did not occur and these are borne out by the PCN and the authority's own photographic evidence.
The stated PCN contravention is 'Stopped where prohibited (on a red route or clearway).'
In order to substantiate this allegation, the CEO would have to believe that my vehicle was 'stopped', as defined and which is NOT synonymous with waiting, and was so in a length of road subject to a red route or clearway prohibition.
Of the authority's 5 photos, 4 show my car stationary and therefore prima facie 'stopped'. However, none of the other photos shows any evidence of a 'red route'. As regards whether I was 'stopped on a clearway', none of the authority's photos shows my car on a carriageway subject to a 'clearway' prohibition and as the authority should know stopping on the verge of a 'clearway' is not a contravention in any event.
I now refer to the fifth of the photos, namely a sign indicating a 'waiting' restriction whose evidential value I am at a loss to understand given that 'waiting' is not the alleged contravention and a 'no waiting sign' cannot be used to create a 'no stopping' prohibition.
I think it's clear that the CEO has made a mistake as the alleged contravention did not occur the PCN must be cancelled.
