Author Topic: London Borough of Bexley, stopped in a restricted area outside of school, Victoria road (contravention code 48J)  (Read 4079 times)

0 Members and 82 Guests are viewing this topic.

Hi all,

can anyone kindly advise on a PCN (PCN no: XL97678165, code 48J) i received from the Bexley council due to parking slightly into the center of a restricted school Road (not blocking any access though) for 30 seconds while dropping off my 3 years old son to nursery.

Is there any ground at all to appeal this PCN? e.g. an exemption of assisting with dropping off a 3 years old toddler to nursery under severe weather condition? is there any grace period at all because i literally spent 30 seconds only by taking him to the nursery teacher at the door?

There are no parking spots available at all along the road and it’s raining heavily which means it is also very hard to park on a different street and then walk in the heavy rain for 5-10mins especially with such a young children.

Please see attached for the photo evidences and your kind advice is greatly appreciated!

No foul play here, just an innocent intention to drop off my son without walking for too long in the heavy rain.

google street view here:
https://maps.app.goo.gl/XCN3sAG1DAhePtbg6

photos (including PCN XL97678165):

https://imgur.com/a/qXeTHSi


Thanks in advance.
« Last Edit: September 18, 2025, 05:13:09 pm by Vince138 »

Share on Bluesky Share on Facebook


Hi,

I've just posted another reply to your Facebook posts, copied here...

This is an interesting case and a very difficult one to call. The Traffic Signs Regulations and General Directions 2016 (as amended), Schedule 7, Part 6, para 3 states, “...a person driving a vehicle must not cause it to stop on that marking...”. Technically you weren’t stopped on the marking, but how would an adjudicator interpret this?

As a side issue, there’s a minor design error in the upright sign on the photo you posted. The x-height of “No stopping” should be 50mm and “Mon - Fri” should be 40mm. It looks wrong to me, but probably not substantial enough for the PCN to be cancelled on this alone.

There are no exemptions beyond an emergency/outside your control/part of driving manoeuvre etc.

The video shows you double parked opposite the restriction forcing traffic into the restricted area.

The tribunal has ruled that you can't defeat the restriction by being outside the zig-zags, say in the centre of the road and I expect an adjudicator would say the same here but see what others say.

« Last Edit: September 19, 2025, 10:47:33 am by stamfordman »

IMO,

It's nonsense and would be kicked out by an adjudicator.

The marking, in fact all road markings and traffic restrictions of this type apply ONLY to one side of the road: the rear of the building line including the footway and the carriageway up to the centre-line, whether real or virtual.

You were never stationary on the same side although VAR shows your feet to be in contravention!

Make the point strongly and if they reject appeal the adjudicator and ask for a costs award.

PS ..you were in contravention, just not the one cited, so don't push your luck on the above point:

https://www.legislation.gov.uk/ukpga/2004/18/section/85
« Last Edit: September 19, 2025, 12:53:15 pm by H C Andersen »

This case ruled on by one of the toughest adjudicators says the restriction extends to the mid-point of the carriageway as I indicated so Mr Andersen may well be right that your car was outside what can be ruled as the restriction.

----------------

Case reference   2250155724
Appellant   xxxxxxx
Authority   London Borough of Barnet
VRM   DE21FYH
   
PCN Details
PCN   AG47309883
Contravention date   29 Nov 2024
Contravention time   08:35:00
Contravention location   Southover
Penalty amount   GBP 130.00
Contravention   Stopped in a restricted area outside a school etc
   
Referral date   -
   
Decision Date   25 Jul 2025
Adjudicator   Michael Burke
Appeal decision   Appeal refused
Direction   Full penalty charge notice amount stated to be paid within 28 days.
Reasons   The allegation in this case is that the vehicle was stopped in a restricted area outside a school, a hospital or a fire, police or ambulance station. The Appellant does not in fact dispute this although he asserts that the vehicle was not actually on the road markings. He says that the signage indicates the prohibition on the school markings.
The enforcement camera evidence shows a brief but clear example of the contravention with the vehicle apparently stopping to allow a passenger to alight. The prohibition is not limited to vehicles touching the actual markings. If it was then the Appellant would have been entitled to park and leave his vehicle there. The school markings indicate a prohibition which extends to the mid-point of the carriageway.
The Appellant could have pulled over to the left-hand side of the road in order to drop off his passenger but he remained in the centre of the carriageway with a significant section of the vehicle on the side of the carriageway prohibited by the school markings.
There is a strict prohibition on stopping in the restricted area outside a school. There is no boarding/alighting exemption.
The brevity of the stop amounts only to mitigation. The Enforcement Authority may cancel a PCN as a matter of their discretion but Adjudicators have no power to direct cancellation on the basis of mitigating circumstances.
Having considered all the evidence I am satisfied that the contravention occurred and that the PCN was properly issued and served. I am not satisfied that any exemption applies.

This case ruled on by one of the toughest adjudicators says the restriction extends to the mid-point of the carriageway as I indicated so Mr Andersen may well be right that your car was outside what can be ruled as the restriction.

----------------

Case reference 2250155724
Appellant xxxxxxx
Authority London Borough of Barnet
VRM DE21FYH
 
PCN Details
PCN AG47309883
Contravention date 29 Nov 2024
Contravention time 08:35:00
Contravention location Southover
Penalty amount GBP 130.00
Contravention Stopped in a restricted area outside a school etc
 
Referral date -
 
Decision Date 25 Jul 2025
Adjudicator Michael Burke
Appeal decision Appeal refused
Direction Full penalty charge notice amount stated to be paid within 28 days.
Reasons The allegation in this case is that the vehicle was stopped in a restricted area outside a school, a hospital or a fire, police or ambulance station. The Appellant does not in fact dispute this although he asserts that the vehicle was not actually on the road markings. He says that the signage indicates the prohibition on the school markings.
The enforcement camera evidence shows a brief but clear example of the contravention with the vehicle apparently stopping to allow a passenger to alight. The prohibition is not limited to vehicles touching the actual markings. If it was then the Appellant would have been entitled to park and leave his vehicle there. The school markings indicate a prohibition which extends to the mid-point of the carriageway.
The Appellant could have pulled over to the left-hand side of the road in order to drop off his passenger but he remained in the centre of the carriageway with a significant section of the vehicle on the side of the carriageway prohibited by the school markings.
There is a strict prohibition on stopping in the restricted area outside a school. There is no boarding/alighting exemption.
The brevity of the stop amounts only to mitigation. The Enforcement Authority may cancel a PCN as a matter of their discretion but Adjudicators have no power to direct cancellation on the basis of mitigating circumstances.
Having considered all the evidence I am satisfied that the contravention occurred and that the PCN was properly issued and served. I am not satisfied that any exemption applies.
thanks! it seems like this appeal already reached the adjudicators beyond the council stage? it does mention the brevity of the 'stop' can be used as an mitigation? shall i still appeal and what would be the best ground i should use?

IMO,

It's nonsense and would be kicked out by an adjudicator.

The marking, in fact all road markings and traffic restrictions of this type apply ONLY to one side of the road: the rear of the building line including the footway and the carriageway up to the centre-line, whether real or virtual.

You were never stationary on the same side although VAR shows your feet to be in contravention!

Make the point strongly and if they reject appeal the adjudicator and ask for a costs award.

PS ..you were in contravention, just not the one cited, so don't push your luck on the above point:

https://www.legislation.gov.uk/ukpga/2004/18/section/85
thanks! sorry for missing anything but when you said 'make the point strongly', please kindly remind what would be the best ground i should use in my appeal?

Hi,

I've just posted another reply to your Facebook posts, copied here...

This is an interesting case and a very difficult one to call. The Traffic Signs Regulations and General Directions 2016 (as amended), Schedule 7, Part 6, para 3 states, “...a person driving a vehicle must not cause it to stop on that marking...”. Technically you weren’t stopped on the marking, but how would an adjudicator interpret this?

As a side issue, there’s a minor design error in the upright sign on the photo you posted. The x-height of “No stopping” should be 50mm and “Mon - Fri” should be 40mm. It looks wrong to me, but probably not substantial enough for the PCN to be cancelled on this alone.
thanks and apologies but still not sure what is the minor design error here? e.g. what does '50mm' and '40mm' mean?

There are no exemptions beyond an emergency/outside your control/part of driving manoeuvre etc.

The video shows you double parked opposite the restriction forcing traffic into the restricted area.

The tribunal has ruled that you can't defeat the restriction by being outside the zig-zags, say in the centre of the road and I expect an adjudicator would say the same here but see what others say.


thanks and sorry for a stupid question....would alighting a 3 years old toddler opposite a nursery entrance under heavy rains (sever weather condition) while no parking bays are available along the road be considered as 'emergency' / 'out of control'?

No - you have an odd idea of emergency... You could have parked elsewhere and walked.

There's no appeal at this stage. You first have to make representations to Bexley.

The reps are that the contravention did not occur as your car was not stopped on any part of the side of the road prohibited by the no stopping restriction.

Mr Andersen may give you the chapter and verse.
Like Like x 2 View List

Pl don't overthink this.

Contravention did not occur

The markings shown in the council's video are those prescribed for use at Item 10 of Part 4 of Schedule 7 to the Traffic Signs etc. Regulations 2016 which apply in this case. The prohibition is as follows:

Part of the carriageway outside an entrance where....vehicles should, or must, not stop.

Therefore in this case the only issue at large is whether I was stopped on 'part of the carriageway' to which the sign applies.

The answer is in the authority's own evidence which is a video showing my car parked on that part of the carriageway beyond the centre-line and therefore not a part of the carriageway to which the restriction applies.

If the authority considers that any part of my car was parked on that part of the carriageway to which the prohibition applies then they must reject these representations.

However, the council's video and this extract from a recent decision of adjudicator Michael Burke (ETA case reference 2250155724) would suggest that to take such a position would be at best frivolous and at worst an abuse of the council's power:

'The school markings indicate a prohibition which extends to the mid-point of the carriageway.
The Appellant could have pulled over to the left-hand side of the road in order to drop off his passenger but he remained in the centre of the carriageway with a significant section of the vehicle on the side of the carriageway prohibited by the school markings
.'

The PCN must be cancelled.




 
Like Like x 1 View List

Pl don't overthink this.

Contravention did not occur

The markings shown in the council's video are those prescribed for use at Item 10 of Part 4 of Schedule 7 to the Traffic Signs etc. Regulations 2016 which apply in this case. The prohibition is as follows:

Part of the carriageway outside an entrance where....vehicles should, or must, not stop.

Therefore in this case the only issue at large is whether I was stopped on 'part of the carriageway' to which the sign applies.

The answer is in the authority's own evidence which is a video showing my car parked on that part of the carriageway beyond the centre-line and therefore not a part of the carriageway to which the restriction applies.

If the authority considers that any part of my car was parked on that part of the carriageway to which the prohibition applies then they must reject these representations.

However, the council's video and this extract from a recent decision of adjudicator Michael Burke (ETA case reference 2250155724) would suggest that to take such a position would be at best frivolous and at worst an abuse of the council's power:

'The school markings indicate a prohibition which extends to the mid-point of the carriageway.
The Appellant could have pulled over to the left-hand side of the road in order to drop off his passenger but he remained in the centre of the carriageway with a significant section of the vehicle on the side of the carriageway prohibited by the school markings
.'

The PCN must be cancelled.
thank you so much for your advice. is it ok for me to share a draft here just in case i still miss anything before submitting? but if i understand correctly the key argument point is that i did not park my car on the part of the carriageway where the restrictions applies, because I have stopped it beyond the center line and hence the PCN should be cancelled? should i also mention the brevity (i.e. the 1 minute duration of teh stop as a 'mitigation' factor at all?)

HCA has given you a draft: is there anything in his draft you do not understand?
Like Like x 1 View List

Perhaps add that the contention that the contravention can only apply to the centre of the carriageway is supported by parking bays on the side on which you parked

HCA has given you a draft: is there anything in his draft you do not understand?
sorry for the stupid question but can i confirm again if I can just use HCA's entire reply in my rep? is there any part i should remove/ amend?

Also should i even mention the brevity of when i stopped my car, i.e. the approximately 1 minute duration when i stopped, as a 'mitigation' factor at all?

apologies again for too many questions but i really want to make it right instead of assuming / understanding anything wrong.
« Last Edit: September 19, 2025, 09:55:55 pm by Vince138 »