The video shows a pretty textbook contravention. Your vehicle entered the box and then stopped within the box due to stationary vehicles.
Possible angles:
1) The box markings looks very faded in places, and in the dark and wet conditions are possibly so faded as to not easily be seen. See what others think on this point but it would be a bit of a gamble to rely on this alone without any additional evidence as to the extent of the fading.
2) Under the legislation, the PCN must state:
- that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;
- that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;
- that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable.
The PCN does not comply with these mandatory requirements as far as I can see. It states the 28 day period as beginning with the date of service of the notice (not the date of the notice). It states the 50% discount applies if you pay no later than the last day of the 14 days beginning with the date on which the notice is served (not the date of the notice).
Later on the PCN says if you don't challenge the PCN you must pay before the end of 28 days beginning with the date of the Notice, correcting what is said just a line or two earlier, but possibly achieving compliance with the legislation as a result. However, nowhere can I see the correct statement about the discount period. The wrong 28 day period is also quoted for the increased charge.
This departure from the required mandatory wording may be sufficient to get the PCN overturned. See what others think...
