London Borough of Redbridge, code 47j stopped on a restricted bus stop, Clayhall Avenue

Hi

Hope you are well.  My Father has just received the ticket below which looks very similar to this one -

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/redbridge-code-47j-stopped-on-a-restricted-bus-stop-clayhall-avenue/

Please can you advise if this is worth appealing.  My Father (who is a disabled badge holder) only stopped for a few seconds.

Thanks

What a load of ****** this council is !  I looked for the sign expecting it to be placed near the bus stop and at a reasonable height for a motorist to view and was astonished to see where it is placed; right up in the air on the lampost at the start of the bus stop !  This is really quite outrageous as it is totally out of a motorist's normal line of sight for signs and other road hazards.

https://maps.app.goo.gl/pFGhkGp5tZh7hmUR9

I suggest you submit reps to the council on the basis of very badly placed signage advising that it is a controlled bus stop.

Thanks, so here is my draft appeal, any advice much appreciated:

Dear Sir/Madam,

I wish to make representations against Penalty Charge Notice AF5838970, relating to vehicle YJ33K at Clayhall Avenue on 15 August 2026.

I have reviewed the CCTV footage and it clearly shows that the vehicle stopped for approximately five seconds only, solely to allow a passenger to alight, before immediately moving away. The vehicle was not parked or waiting at the bus stop.

The driver is also a disabled person and a valid Blue Badge holder. I appreciate that a Blue Badge does not provide an exemption from a bus stop restriction, but I ask the Council to take the driver's circumstances into account when considering whether it is appropriate to exercise its discretion.

I would also ask the Council to consider the position and visibility of the bus-stop restriction sign from the direction of approach. The restriction sign is not visible in the CCTV footage as the vehicle approaches the location, and I would ask the Council to confirm that the signage was correctly positioned and adequately visible to an approaching motorist.

Given the exceptionally brief duration of the stop, the fact that it was solely to allow a passenger to alight, the driver's circumstances and the issue regarding the visibility of the restriction signage, I respectfully ask the Council to exercise its discretion and cancel the PCN.

I would be grateful if the CCTV footage could be reviewed in full when considering this representation.

Yours faithfully,

Good evening,

Please see reply below, from Redbridge - is it worth taking this further or shall we pay the reduced fine?  Thanks

Without the sign, it is just a normally marked bus stop. There are loads with broad yellow lines up here in Cheshire East, but they are not restricted because they have no sign saying so.
Here, as I said, there is a sign but at an absurdly high level such as to make it impossible for a motorist in his car to read.

A win is not guaranteed at London Tribunals, I'm afraid, but your case is fairly strong.   Best thing in future is to only drop off on  yellow lines as these have an exemption for boarding/alight ing passengers unless there is also a loading restriction.

Thanks @Incandescent — that’s really helpful. It’s unsurprising that Redbridge were unsympathetic, and it does make you wonder in what circumstances they would ever exercise discretion.

I’ll speak to my father and ask him whether he would like to take this further.

Thanks again.

I went out today to take some pictures and I agree the sign is too high and small

Check discount daily, If goes up prematurely then you have a stronger case. October 1st is my calculation. Served/delivered are not the same.

OP, I think you misunderstand the nature of a bus stop clearway. It is not like no stopping zig-zags outside a school for example where the markings MAY be placed with or without an upright sign. With a sign means MUST NOT, without a sign means SHOULD NOT. Whether to place a sign and make it compulsory is optional for the council.

But it's not with a bus stop clearway where it is mandatory for the council to erect an upright sign but the restriction need not be at all times. When only operating part-time it is recommended that this is placed facing traffic. IMO, you were in clear contravention. Yes, their NOR waffles on and I doubt that whoever wrote it really understands the regs, but IMO this doesn't provide you with a defence.

Unlike them conveying your rights of appeal which is b******s.


This contravention is subject to the requirements of the General and Appeals regs.

A NOR must state 'the form and manner in which an appeal must be made'.

The regs provide 2 distinguished means:
No later than the last day of the period of 28 days beginning on the date of service of NOR,

AND

Such longer period as the adjudicator may provide.

The NOR is the ONLY mandated document which carries this information.

So, what does their NOR state:

1. You can appeal to the ETA adjudicator ..this must be done no later than 28 days of this letter being served(NB. the ONLY reference in the NOR to a definition of 'the 28-day period' and therefore the one which must apply at all times unless the context indicates the contrary :

2. If you do not pay or appeal before the end of the 28 day period we may serve a Charge Certificate..'at that stage you have no further opportunity to appeal'.

1. Wrong and a procedural impropriety;
2. Wrong and a procedural impropriety.

I'd appeal on grounds of at least procedural impropriety.

Wait for others.

@Tincombe

With a sign means MUST NOT, with a sign means SHOULD NOT. Whether to place a sign and make it compulsory is optional for the council.

Did you mean to write 'without' for the 2nd 'with'?

Indeed, now amended!

Indeed, now amended!

Thanks for the detailed reply, really helpful.

I’m planning to appeal mainly on the procedural impropriety point you raised about the Notice of Rejection (the incorrect statement that there is “no further opportunity to appeal” after 28 days, and the failure to mention the adjudicator’s power to allow a longer period). I’ll also mention the visibility/position of the upright sign as a secondary point as there is only a small yellow “No stopping at any time except local buses” plate on lamp column (same pole as the Clayhall Avenue street name and the CCTV camera symbol). It’s quite high up and partially surrounded by foliage. The road markings are clear.

Does that still look like the best approach, or would you tweak anything?

Thanks again.