There's only 2 mins observation on PCN so don't volunteer a time, just say it was only as long as it took to collect son.
Taking a baby helps of course as effectively you also had assisted alighting and boarding for her.
You could take a pic of them both to prove they exist...
One thing - are there any pay bays there?
Recent tribunal cases.
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Case reference 2250276081
Appellant xxxxxxx
Authority London Borough of Barnet
VRM MH23RLX
PCN Details
PCN AG47877671
Contravention date 19 Feb 2025
Contravention time 17:52:00
Contravention location East End Road
Penalty amount GBP 130.00
Contravention Parked restricted street during prescribed hours
Referral date -
Decision Date 03 Sep 2025
Adjudicator Edward Houghton
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice and the Notice to Owner.
Reasons The Appellant was represented via video link by her representative Mr Dishman.
I can see no reason at all to doubt her evidence supported by a letter from the school confirming attendance, that s at the time of the observation she was collecting her two-year- old child from the nearby school. The very brief observation period does nothing to suggest that some other activity must have been in progress. The case of Makda ( a case with which I am very familiar as the Adjudicator under review and having been present in the High Court when the case was heard) is not authority for the proposition that the exemption for the picking up and setting down of passengers cannot apply if the driver leaves the vehicle. The key principle of that decision is that the time necessary for person to board the vehicle includes the time necessary for the driver to make contact with the passenger, which is a question of fact.
In the case of a two year-old passenger I have no hesitation in finding that it was necessary for the child’s mother to enter the school to make contact with child and to escort the child to the vehicle. It is self-evident that a very young child cannot be expected to be waiting unattended at the pick-up point on the edge of the footway.
I am therefore satisfied that, as it transpires, the vehicle was not in contravention and that the PCN was incorrectly issued.
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Case reference 2250422128
Appellant xxxxxxxx
Authority London Borough of Havering
VRM PX67YFC
PCN Details
PCN HG2090301A
Contravention date 07 Mar 2025
Contravention time 15:18:00
Contravention location Park End Road
Penalty amount GBP 130.00
Contravention Parked restricted street during prescribed hours
Referral date -
Decision Date 25 Sep 2025
Adjudicator Henry Michael Greenslade
Appeal decision Appeal allowed
Direction
cancel the Penalty Charge Notice and the Notice to Owner.
Reasons
At this scheduled personal hearing the Appellant appeared in person via MS Teams.
The Enforcement Authority did not attend and was not represented, either in vision, by telephone, or in person.
A contravention can occur if a vehicle is parked in a restricted street during controlled hours.
There appears to be no dispute that the vehicle was parked at this location in Park End Road, or that the Penalty Charge Notice was issued to it, as shown in the photographs/digital images produced by the Enforcement Authority. The vehicle is shown stationary on a single yellow line.
The Appellant’s case is that he was collecting his very young children from the nearby school.
Picking up and setting down of passengers is permitted at this location. It should normally take no longer than two minutes but slightly longer must be allowed in the case of the elderly, disabled or very young. As in this case young children cannot be expected to walk alone on the streets of London and must obviously be escorted to and from the premises. In this case the civil enforcement officer records an observation of less than five minutes and that the driver was seen.
Considering all the evidence before me carefully I accept that of the Appellant and find as a fact that, at the material time, setting down within the meaning of the exemption was taking place and thus a contravention did not occur.
Accordingly, this appeal must be allowed.
