Free Traffic Legal Advice

Hi everyone,

My sister recently received a PCN, and I’d appreciate some advice on whether she has grounds for an appeal.

She was waiting to park in a disabled bay, but another car was still occupying the space and preparing to leave. To avoid blocking traffic behind her (as this was on a busy high street), she briefly pulled forward in front of the disabled bay, momentarily entering the bus stop while waiting for the other vehicle to leave.

She was stationary for a very short time (likely under a minute), as the car in the disabled bay took its time to vacate the spot—understandably so. As soon as the space became available, she reversed into the bay, parked, and displayed her badge.

The clip on the Redbridge Council website conveniently doesn’t show the full duration—only about 9 seconds of her being stopped at the bus stop.

Any advice would be greatly appreciated.

Thanks in advance!







   

The car was stationary for at least 9 seconds in a bus stop clearway.

The driver's intentions are essentially irrelevant.

There is no evidence that the car moved out of contravention after 9 seconds.

With respect, we should consider the objective evidence which IMO means the contravention occurred.

This is a procedural matter which is often successful.

But, dealing with this issue sequentially:

1. Was the driver in contravention? Yes. Move on to....

2. ..are they entitled to demand a penalty based upon their evidence, in this case that of their camera?

https://drive.google.com/file/d/1hjKDbmgF6LbE2tJS2vL2B21AzpCzm-gC/view

https://drive.google.com/file/d/1bLvPW0TH_QAvabqJdN2FQ3glB_Ow7-kH/view

An example re lack of VCA certificate, even when put on notice:

https://drive.google.com/file/d/1qexr8OS0A75Tlc1XX_Oz_4UdhyYJQjLB/view

cp8759 has won several others on this point alone, of course.