Free Traffic Legal Advice

Post the PCN.

It's a school street zone where the afternoon restriction end at 16:00 - your timing is in the last minute and so there's a goos shout for triviality.

But were you aware of the timing and tried to ensure you only drove through it after 16:00?

So you were aware you were just before the end time? That's not what I was hoping but reps can be crafted without telling untruths.

An alternative could have been the signage as there seems to be only one sign and a decision has been allowed for someone turning left but you turned right and there is a very small advance traffic sign. Even so I don't think the signage as of Google Maps is adequate.

2240414702

1. The Enforcement Authority assert that the said vehicle, being of a class prohibited, was driven at a location at a time when restricted for use by pedestrians and vehicles of excepted classes only.
2. The Appellant denies liability for the ensuing Penalty Charge Notice on the basis of the prevailing circumstances and challenge comprehensively stated in her written representations (with supporting screen shots) which she reiterated and further detailed during the Telephone Hearing.
3. The Enforcement Authority who assert that the said vehicle was so driven contrary to an operative restriction is obliged to adduce evidence to the requisite standard to substantiate that assertion:-
The evidence upon which the Enforcement Authority rely comprises copy Penalty Charge Notice, extracts of governing Traffic Management Order provisions, and contemporaneous photographic evidence: CCTV footage and still frames taken there-from showing the said vehicle passing the applicable signs notifying motorists of the restriction.
4. The evidence adduced by the Enforcement Authority was examined to evaluate the allegation in conjunction with the Appellant's written and oral representations, and supporting documents.
I had the opportunity to assess and question the Appellant during the Hearing, I found her evidence to be cogent and credible, and I accepted it in its entirety.
The Appellant indicated that her arrival time at the School was aimed at being before the children attended; an explanation for non-receipt of other Penalty Charge Notices before the said vehicle was duly registered may be due to arrival before the restriction started.

I note that the clock counter on the contemporaneous recording demonstrates that the said vehicle comes into view 50 seconds after the restricted period commencement time.
I cannot be satisfied as to the accuracy of the camera time recorder, and I find a differential of less than one minute to be minimal, I therefore import the principle of de minimis.
Evidentially I am not satisfied that the contravention occurred, accordingly I allow this Appeal.

The representation must either be in the name of the person stated on the face of the PCN or if by some other person accompanied by a letter of authority from the person named on the PCN.

Dear Stamfordman

Please find attached my PCN challenge letter.



I have received a penalty charge notice on 20th March 2025, PCN number AG48199281. The date of service of the PCN is 13th March 2025, vehicle registration number LN67 WHM.
I had spoken as well as emailed the council om 31st March 2025 about the validity of the PCN.  I received a letter from the Council on 29th April 2025 asking me to make a representation or pay the fine within the statutory timelines.
The PCN states that the vehicle failed to comply with a restriction on vehicles entering a pedestrian zone (53J) between 15:00 and 16:00.  I wish to challenge this PCN on the grounds that -
•   The Enforcement Authority asserts that the said vehicle, was driven at said location at 15:59 when restricted for use by pedestrians only relies on contemporaneous photographic evidence:  Still frames taken there-from showing the said vehicle passing the applicable signs notifying motorists of the restriction.
•   The accuracy of the camera time recorder cannot be authenticated as the differential is less than a minute.
•   Also, the signage is inadequate as there seems to be a very small advance traffic sign which is covered by branches (photo attached).
 Thanks
XXXX

Hi Stamfordman

I had replied to you earlier that I was aware of the timing and the restriction but I cannot recollect if my car clock showed 4:00pm or 3:59pm.

Can you please tell me why the letter is wrong.

Thanks

I just forgot.

You need to focus on the trivial timing. The advance sign is irrelevant as you knew about the restriction.

Is the below true?

Dear Barnet,

I'm challenging the PCN because I believe I entered the restriction after its end time.

According to your video I was only about 40 seconds before but my car clock only shows times in minutes and I thought I was OK.

I believe this very small time falls into triviality - I've had a look at similar cases on the London Tribunals register and note that adjudicators take the view that less than a minute and lack of confidence in the accuracy of camera times is a minimal or 'de minimis' situation and no contravention occurred.

I trust you will see this case in the same way and look forward to your early confirmation of cancellation of this PCN.

With thanks.