Free Traffic Legal Advice

Hello,

Me again.

I've received a PCN. For some reason I cannot download the video

There are similar threads here (http://www.pepipoo.com/forums/lofiversion/index.php/t145573.html and http://forums.pepipoo.com/lofiversion/index.php/t143163.html).

The alleged contravention states that I am "stopped in a restricted bus stop". This is not correct. I recall this incident well as I saw the bus stop and moved into the space behind it.











The picture conveniently shows a still image of the vehicle half in the bus stop. This is of me moving and not an accurate representation of the car having "stopped". The video is slightly more helpful in that it shows me clearly reversing into the space behind but, again conveniently, seems to stop after 9 seconds. If it continued it would show that I reversed back into the acres of open space *outside* the bus stop markings.

The location "A" per the PCN denotes the zone and not the actual bus stop. Per the thread above it seems that nothing in the PCN notes the location of the bus stop. In addition, I am adamant that I did not park within the markings (although I did obviously stray inside to reverse into the open space). I even got out to check I was fully out of the marking before turning the car off.

My questions:

- Can I request longer footage? This would show me clearly continuing to reverse out of the bus stop markings.
- Just straying into the bus stop whilst trying to reverse shouldn't be enough to warrant a penalty should it?
- Is it worth discussing the fact that the bus stop sign is not mentioned (A vs M) as I can see this has resulted in a DNC from the council?

Thoughts, Comments?

[ Guests cannot view attachments ]

So, from your narrative, you were in traffic driving along, wanting to park, saw a parking space available just before the bus stop, so stopped by the bus stop momentarily, then reversed into the bay, correct ?

If so, then there really is no contravention, and I think a similar case was won last year on this, (it may have been more than one year). Trouble is I don't know where in London it was so can't post the case number. Hopefully somebody on here will remember. Of course if you waited whilst a car departed and left the space for you, then it is not so clear-cut.

This is ridiculous PCN. Even their video does not show your vehicle stopped.  No contravention at all.

Quote from: Hippocrates on December 17, 2023, 08:30:17 pm

This is ridiculous PCN. Even their video does not show your vehicle stopped.  No contravention at all.

Would you suggest I wait for someone to come back on the other similar case that Incandescent mentions.

Or should I challenge based on the plain facts that the car had not stopped, nor does any of the evidence the Council has presented show that it has stopped.

Just challenge it as follows:

Dear Sirs

Ref:  PCN                  VRM

I make these formal representations as follows:

1. The contravention did not occur according to your own video evidence as the car was not stationary at all.

2. The PCN gives an inexact locus.

In view of the above, please cancel the PCN.

Yours

etc

Excellent;  but, in response to this bolleaux, send them this please: