Free Traffic Legal Advice

Clearly this is a driving manoeuvre and not a contravention although technically any stop is but I doubt they'd take you to the tribunal. I would make reps on this but draft something here first.

looking at the video it looks like the car that was in contravention had a ghost number plate so the operator used yours you will win this albeit perhaps at tribunal

Just make an representation to the effect that you were in the process of performing a driving manoeuvre but had to revers slightly do to the parked car in front of you any slight stop was only the process of changing gear

just bumping this in case it has been missed. Any feedback on the proposed appeal wording would be appreciated. Many thanks.

Thank you for the feedback.

I've gone on to make the appeal and have received the following message:

"Informal Challenge Denied
It would appear you have already been sent a Notice to Owner.  At this time you can only make a Formal Representation.

Please click here to make a Formal Representation.  You will need your web code which was supplied on the Notice to Owner."

My PCN isn't headed as a 'notice to owner' and I haven't received any other correspondence. Should I go ahead and make the formal representation, or has there been a procedural mishap on the part of the authority?

If you selected the wrong option then I suggest you might consider this alternative draft for your reps. The web code is in the PCN.

IMO, your argument is 'contravention did not occur'.

At ** on *** I was parked in *** facing towards *** having just ****, something which I do regularly. Equally regularly I execute a 180 and leave in the opposite direction.  Depending on surrounding vehicles, my position relative to the kerb and my steering angle I might need to drive through part of the bus stop.

On this occasion I had assessed the situation e.g. no bus in the bus stop etc. and had started my manoeuvre (off camera), having let a car pass me(the one which can be seen in the clearway) when this same car pulled into the clearway to stop and drop off a passenger(again, clearly seen in the video). Them committing a contravention by being stationary had the inevitable effect of causing me to have to stop in order to avoid a collision and therefore damaging property and potentially persons. Having done so, I immediately reversed and then drove forward. I would add that I did not wait for this car to move because I wanted to avoid being stationary any longer than was unavoidable.

Having set out the full facts, I would now refer the authority to paragraph 4 of Part 6 of Schedule 7 to the Traffic Signs etc. Regulations which provides:

Exceptions applicable to paragraphs 1 and 3 [the prohibition on stopping in a clearway]


(2) The prohibition in paragraphs 1(1) and 3 does not apply in respect of—

(b)a vehicle which is prevented from proceeding by circumstances beyond the driver’s control or which has to be stopped in order to avoid injury or damage to persons or property;

The exception clearly applies in my case and therefore the PCN must be cancelled. If the authority do not and instead reject these representations then, given the comprehensive nature, clarity and relevance of my claim to the exemption you are obliged under your public law duties to put forward equally sound reasons which address the substance of the representations.

Hello, I've now received a rejection letter so will be going to tribunal. Is anyone able to help me craft my representation? Thank you

Here is the rejection: https://www.flickr.com/gp/159808924@N04/g7T02w00rh

Looks like this is Havering’s favourite bus stop to enforce these, but yours really takes the cake in their ignorance and greed.

This may be of little use at this stage, but as someone pointed out in my tread, the location they use in their correspondence does not exists, as there is no Balgores Rd (only Balgores Ln).

Best of luck in your next dealing with them!