Free Traffic Legal Advice

Your driving seems a bit odd - you swerved onto the wrong side facing an oncoming car and then went back and stopped short seemingly.

But I can't see a contravention given the traffic there.

The circumstance of the stop was that the driver saw a vehicle coming from the opposite direction and, while it was approaching, the driver briefly spoke to another parent in the other vehicle. As soon as the vehicle came near and it was safe for the driver to proceed, the driver moved off. Is it ok to send the below off:

I wish to make representations against the above Penalty Charge Notice.

The alleged contravention is "Stopped in a restricted area outside a school, a hospital or a fire, police, or ambulance station when prohibited." Having reviewed the CCTV footage and still images provided, I do not believe the contravention occurred.

The footage shows that my vehicle was not parked, nor was it stationary for the purpose of waiting. The vehicle was positioned towards the centre of the carriageway rather than adjacent to the kerb, which is also clearly visible in the still images supplied with the PCN.

At the time, I had moved towards the centre of the road due to an oncoming vehicle approaching from the opposite direction. Whilst the vehicle was approaching, I briefly exchanged a few words with another parent in a nearby vehicle. As soon as the oncoming vehicle came close enough and it was safe for me to proceed, I continued my journey. The video footage clearly shows that once the oncoming vehicle approached and it was safe to do so, I moved off immediately. The vehicle remained occupied throughout and there was no intention to park, wait, or stop outside the school.

Furthermore, the road markings appear to be located on the nearside of the carriageway only. My vehicle was positioned towards the centre of the road rather than within the area covered by the school entrance markings. The evidence provided by the council shows that the vehicle was not stopped alongside the kerb or within the marked restricted area.

The CCTV footage does not demonstrate a vehicle parked or waiting outside the school. Rather, it shows a vehicle temporarily paused in the course of normal driving. Even the still images demonstrate that the vehicle was positioned towards the centre of the carriageway rather than parked at the roadside.

In light of the above, I respectfully request that the Penalty Charge Notice be cancelled.

Yours faithfully,

XXX

That's amazing, I'll make the relevant changes and submit it.

I'll be in touch once I hear back from the council.

Once again, thanks a million for all your help and guidance. It's greatly appreciated.

Regards,

Thanks for pointing that out.

I was the driver of the vehicle at the time, however it was a rental vehicle from Sixt. Sixt had contacted me regarding the PCN and provided me with the relevant details, which is why I have already sent reps. Please see below:

You have submitted reps, so let's see what happens.

If the council is as ignorant as Sixt and respond to you with a rejection, appeal to the adjudicator on the grounds that you 'were not the owner'. You must win because you MAY NOT be considered as the 'owner' at this stage.

But there is a downside:
1. As said by Mr Chips, they ignore 'your' reps and issue a Charge Certificate to Sixt for £240 (because valid reps were not made in time) which they would have to pay and then charge you this sum plus admin. costs;

2. The authority spot that you are not Sixt and write to you and Sixt giving them an extended period to submit reps by which time the discount has most likely gone;

There are probably others, but once the Pandora's Box of ignorance has been opened, who knows what might follow in its wake? 

For info, the discount ends on 23 June. Let's hope you get a response beforehand.

Correct it was emailed by Sixt