Author Topic: SANDWELL - Contravention 46 Stopped Where Prohibited (Red Route), Wolverhampton Road Oldbury  (Read 185 times)

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Date of Contravention - 17/07/2026

My car was recorded by CCTV outside my home after I had reversed out of my garage and was waiting for a gap in the traffic to start my journey.

An image on the PCN shows that the way was not clear for me to join the traffic.

The CCTV camera which recorded the alleged contravention seems to be mounted in a vehicle positioned on the carriageway so as to be preventing me from joining the traffic flow at the time of the video recording.

During the entire time of the video recording I was behind the wheel of the car with the engine running awaiting a gap in the traffic.

I would maintain that I was in the middle of manoeuvring from my garage onto the carriageway to commence a journey and that it is impossible to execute such a manoeuvre without being stationary at some point.

The section of the road where i live is notorious for many accidents. It is for this reason I choose not to reverse off my property directly onto the carriageway but rather reverse partially onto the verge adjacent to the red route in order to join the traffic in a safer fashion. The PCN shows my car in this stationary position on the verge. In December 2023 on the carriageway running past my home I was hit by another driver in a no fault collision and my car was written off.

I phoned the Sandwell contact number on the PCN and explained the situation as above. The agent maintained that because I was partially on the verge that I was at fault but said that I had the right to appeal. This attitude didn't fill me with much confidence.

This is the link to the PCN:

https://imgpile.com/p/YyYvKnZ

As the location is directly outside my home I'd rather not post a link to the incident site on google maps but if this is essential please let me know and I'll add a link to the thread.

I really appreciate you taking a look at this.
« Last Edit: August 05, 2026, 12:43:16 am by uksiuk »

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Sorry, but we need to see the location in GSV, and the video to give advice.

A recent adjudication at London Tribunals for a London Red-Route case was won because a Red Route must be signed as well as having the road markings, for CCTV to be used to enforce. If this is not the case, the contravention can only be enforced by a CEO at the roadside : -

https://www.ftla.uk/the-flame-pit/2260147562-definition-of-a-red-route-that-allows-postal-pcns-to-be-served/

This is one of those drive-by camera cars. I'll post the video later as ibb.co is down.

But it just shows a car on the verge and can't of course show what was going on.

No Problemo,

Here is the map location:

location of contravention

It's a long red route!

With these drive-bys they often can't tell if someone was engaged in a driving manoeuvre. All they pick up is a stationary vehicle for a second or two.


Thanks for posting the video Stamfordman. I just downloaded it myself from Sandwell and was in the process of uploading a link to this thread.

Its impossible from that clip to see if the car is truly stationary. To my eyes it looks like I'm edging the vehicle forward as the camera car gets close and passes my vehicle.

I've just read up on the restrictions attached to red routes and since my car is always stationary at some point as I manoeuvre onto the carriageway it looks like I'll be contravening them every time i leave my house!

I think you'll get this cancelled but you can see why they issued it - the orientation of your car parallel to the road looks like it's parked. They wouldn't issue if it looked like you were waiting to pull out on the crossover, as I expect you were a few seconds later.

Draft reps and post here first.

I would also suggest enclosing proof of residence. 

Somewhat similar to this case in Reading:  https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/stopped-where-prohibited-on-a-red-route-or-clearway-reading-borough-council/

Council were obdurate ( ::) ) and had to go to tribunal.

Any sensible person would say that with residency proof, and maybe proof that you were going out at the relevant time (e.g. Google time line if you have an Android phone), the council would cancel it.  But....

Thanks for that Richard. Did the tribunal uphold your appeal?

I think you'll get this cancelled but you can see why they issued it - the orientation of your car parallel to the road looks like it's parked. They wouldn't issue if it looked like you were waiting to pull out on the crossover, as I expect you were a few seconds later.

Draft reps and post here first.

I would also suggest enclosing proof of residence.

I completely agree with your point, but I was still a bit disappointed when the Sandwell officer didn't seem to respond to my claim that the car position is also wholly consistent with the manoeuvre I was actually executing. Particularly considering the flimsy nature of the video evidence.

Thanks for the suggestion to include proof of residence.

Do you think the appeal should be on the grounds of

1. "the alleged contravention did no occur",
2. "mitigating circumstances"

or

3. "other grounds"?

I've pasted my appeal wording below. It's basically a tightened up version of the account at the top of this thread with some added reference to the video evidence. Any suggested edits are welcome.

APPEAL WORDING

My car was recorded by CCTV outside my home for all of six seconds during which I was engaged in a manoeuvre reversing out of the garage at my home and waiting for a gap in the traffic to start my journey.

An image taken from a video frame on the PCN notice which is confirmed by the CCTV video footage shows that the way was not clear for me to join the traffic during the six second clip recorded.

The CCTV camera which recorded the alleged contravention seems to be mounted in a vehicle positioned on the carriageway in such a way that it was also directly responsible in preventing me from joining the traffic flow at the time of the video recording.

During the entire time of the video recording I was behind the wheel of the car with the engine running awaiting a gap in the traffic. My brother is shown closing a nearside door after depositing some luggage on the back seat.

I have scrutinized the CCTV footage and to my eyes it appears that from frame 1187 to frame 1199 (which is less than one second in time) I start slowly edging the car forward so as to begin positioning my vehicle to enter the flow of traffic.

The section of the road where i live is notorious for many accidents. I have observed many serious collisions from my window and in December 2023 on the opposite (northbound) carriageway running past my home I was hit by another driver in a no fault collision and my car was written off. It is for this reason I choose to take extra safety precautions by not reversing off my property directly onto the carriageway, but rather reverse partially onto the verge adjacent to the red route in order to join the traffic in a safer fashion.

In closing could I ask the Sandwell parking appeal adjudicator exactly how I am meant to exit my property in my vehicle without my car being briefly stationary, either adjacent to, or actually on the red route at some point during such a manoeuvre?
« Last Edit: August 05, 2026, 04:13:00 pm by uksiuk »

Thanks for that Richard. Did the tribunal uphold your appeal?

It wasn't my case, but at the end of thread, it was eventually dismissed at tribunal.

APPEAL WORDING or reps to the council?

Are you asking for comment on these?

The first stage is representations to the council.
The next stage is an appeal to the tribunal if they reject the reps.

Your PCN is dated 30 July so you presumably have not made representations yet.

I see you called Sandwell but this is not part of the process.

Just to emphasise the London Tribunals case decided on 30th July 2026, here is the judgment: -

Quote
A contravention can occur if a vehicle is stopped where prohibited on a red route.


The Penalty Charge Notice was issued under Regulation 11(1)(d) of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 (the ‘2022 General Regulations’) on the basis of a record produced by an approved device.


There appears to be no dispute that the vehicle was stationary at this location, as shown in the closed-circuit television (cctv) images produced by the Enforcement Authority.


The Enforcement Authority’s case is that no stopping is permitted on the red route at any time on any day, as indicated by the double red line.


However, in R(TfL) v. London Tribunals (Environment and Traffic Adjudicators) & Ors [2023] EWHC 2889 (Admin), Mr Justice Swift decided at paragraph 16 that:


the requirements in sub-paragraphs (a) and (b) of the definition are cumulative; to be a red route for this purpose the road must be marked "in accordance with" both requirements. The requirements are not alternatives.


At paragraph 17, Mr Justice Swift concluded that:


Nor is it correct that the requirement at sub-paragraph (b) for signage can be construed as applying to one but not the other of the two alternative requirements within sub paragraph (a).... the correct conclusion is that the definition of red route requires that both condition (a) and condition (b) are met.


The Enforcement Authority does not appear to dispute that there is no signage at the location as it submits in its case summary that it is not required.


A sign is not required to put motorists on notice of the red route restrictions. However, the relevant issue in this present matter is whether the Enforcement Authority was entitled to issue a Penalty Charge Notice by post. The decision of the High Court in the case referred to above means that both lines and a sign are required to meet the statutory definition of a red route to enable the Enforcement Authority to issue a Penalty Charge Notice by post.


I therefore find that, because there was no sign, the red route was not a "red route" in accordance with the definition of Regulation 11(2) of the 2022 General Regulations and therefore that the Authority was not entitled to issue the Penalty Charge Notice by post.


Accordingly, this appeal must be allowed.

I have emphasise the basic point of the ruling in bold.

APPEAL WORDING or reps to the council?

Are you asking for comment on these?

Apologies for any inaccuracies. This is all new to me. The text under 'appeal wording' is a draft representation to Sandwell council. Any comments are still welcome.