Free Traffic Legal Advice

Hi all,

I’d appreciate some guidance on whether this is worth contesting.

I’ve received a PCN for contravention 46J, supported by CCTV footage and still images. The video is approximately 4 seconds long and shows my vehicle angled out from the side of the road.

At the time, I was in the process of manoeuvring in order to turn across the carriageway. My vehicle was positioned at an angle, not parallel to the kerb, and I was not parked or waiting in the usual sense.

As I began positioning the vehicle to complete the turn, the enforcement vehicle approached and passed very close by. This prevented me from completing the manoeuvre safely at that moment, as proceeding would have risked a collision.

As a result, there was a very brief pause while the enforcement vehicle passed, after which I would have completed the manoeuvre.

The footage only captures a few seconds and does not show any extended stationary period, but rather a vehicle in a transitional position during a manoeuvre.

My understanding is that a vehicle is not considered “stopped” for the purposes of this contravention if it is prevented from proceeding due to traffic conditions.

Grateful for any advice on whether this would be a strong basis to challenge.

PCN on the following link:

Thank you,

How would you suggest I approach it?

Just state I was prevented from completing the manoeuvre? I read that councils always reject appeals in the first instance.

Reversed out of the access road to drive ahead in the direction the van was facing.

It's probably worth mentioning that your indicator can be seen flashing in the video.

So should I just appeal on this basis?

Draft something and post here first.

How about this:

Subject: Formal Representation Against PCN [] – Contravention Code 46J

I make representations against the above PCN on the ground that the alleged contravention did not occur.

At the time of the alleged contravention, my vehicle was not stopped in contravention of the red route restriction, but was engaged in a continuous manoeuvre.

I had briefly entered an adjacent access road after observing that the driver of the lorry visible in the authority’s footage was preparing to move from his position. After waiting momentarily and deciding not to remain there, I reversed out of the access road with the intention of immediately proceeding westbound along Oxford Road.

The CCTV footage provided by the authority captures only a short sequence (approximately 4 seconds). In this footage, my vehicle is positioned at an angle to the carriageway and is indicating, clearly demonstrating that it was in the process of completing a manoeuvre and rejoining the road, rather than being parked or voluntarily stopped.

At that point, I was prevented from completing the manoeuvre by the approach of the enforcement vehicle, which passed in close proximity and made it unsafe to proceed. Moving forward at that moment would have risked a collision. Any brief pause in movement was therefore entirely due to the presence of traffic and not a voluntary act of stopping.

It is well established that a vehicle is not considered “stopped” for the purposes of a red route contravention where it is prevented from proceeding due to traffic conditions. The authority’s own evidence shows a vehicle in a transitional position during a manoeuvre, temporarily constrained by passing traffic, rather than one that has stopped in contravention of the restriction.

Furthermore, the very short duration of the footage does not demonstrate any continuous stationary period or sufficient dwell time to establish that the vehicle was “stopped” within the meaning of the contravention.

In summary:

* The vehicle was engaged in an active manoeuvre, reversing out and preparing to move off.
* Its angled position and use of indicators confirm this.
* Any momentary pause was caused solely by the presence of the enforcement vehicle and the need to avoid a collision.
* The evidence does not demonstrate that the vehicle was voluntarily stopped.

In light of the above, the alleged contravention is not made out and I respectfully request that the PCN be cancelled.

Yours faithfully,