Author Topic: Stopped where prohibited (on a red route or clearway) Reading Borough Council  (Read 6022 times)

0 Members and 36 Guests are viewing this topic.

The vehicle was briefly stationary in a live traffic lane adjacent to a clearly marked, conditionally exempted parking bay on a red route and was stopped only momentarily due to the need to exercise proper care before reversing into the parking place. This is an exemption from the Red Route prohibition i.e. circumstances beyond the driver's control.

At this point it is necessary to bring to the authority's attention that their CCTV could not confirm what I did after stopping because the CCTV evidence (taken from a mobile vehicle) lasts for 1 second.

Thank you for your feedback, I have revised and submitted my representation focusing on parking maneuvering exemption, short CCTV evidence and fair enforcement. I appreciate your time- will come when I hear the decision.

In strict parlance, the exemption is 'beyond the driver's control'. This applies millions of times every day when every car travelling along every red route stops because traffic is stop/start or there are traffic lights ahead or whatever. Each time this is a prima facie contravention because the prohibition extends fully across a traffic lane!

Re: Stopped where prohibited (on a red route or clearway) Reading Borough Council
« Reply #17 on: »
I have attached the response received regarding the PCN appeal

https://imgur.com/a/FB9pfaa
https://imgur.com/a/Pc9oIk8


https://imgur.com/a/FzQV2ze


unfortunately, it has been rejected :(
What do we do now? Any advice?
« Last Edit: September 16, 2025, 10:48:16 am by ConfusedD »

Re: Stopped where prohibited (on a red route or clearway) Reading Borough Council
« Reply #18 on: »
Can't see the attachment, I'm afraid.

Anyway, that's their last throw of the dice as judges in their own cause as the next stage is the adjudicator if you choose to appeal.

Re: Stopped where prohibited (on a red route or clearway) Reading Borough Council
« Reply #19 on: »
Please see the link below for the rejection letter I received from Reading Borough Council
https://imgur.com/a/JDoDSpI
I’ve also drafted an appeal below to the adjudicator. I would really appreciate it if anyone could let me know
Do I stand a good chance of winning this at the tribunal? Is my appeal strong, or does it need improvement?
If not am I still within the 14-day discount period?
The rejection letter is dated 9th September, but I only received it on 12th September, so I’m not sure if the discount window has closed or not.


Adding Reading Council rejection incase the above link is not clear-
Applying Discretion:
I have considered the representations and reviewed the time and date stamped footage recorded by the CCTV car at the time of the contravention. I can confirm that the above noted vehicle was stopped where prohibited on a red route. The area where your vehicle was stopped was subject to a 'No Waiting restriction. The restriction is applicable 24 hours a day, 7 days a week. It is the driver's responsibility to act upon information given to them through traffic signs and road markings, as stipulated in the Highway Code. With regards to your correspondence, the CCTV footage clearly shows the vehicle had stopped. It also
shows the vehicle was causing an obstruction as the CCTV car had to pull out into the opposite lane to get pass the vehicle. Furthermore, the CCTV footage shows there is no available parking space and no evidence that one is about to become available. Applying discretion when reviewing representations against a PCN requires consideration of both the points raised against the issue of the PCN as well as the evidence recorded at the time of the contravention. A judgement is made on the evidence and a decision made accordingly. The decision can be to either cancel the charge or continue pursue payment. Reading Borough Council has exercised discretion when considering your representation and has made a decision not to cancel the PCN. Your representation has been considered by this office in accordance with the requirement of the Traffic Management Act 2004 (as amended), but after full consideration of the representations made and all other circumstances relating to the issue of Penalty Charge Notice, I have to advise you that grounds for representation against the Penalty Charge Notice have not been established. This Notice is issued as a formal Notice of rejection under Part 6, Section 80 of the Traffic Management Act 2004 and Regulation 6 of The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022.

---------------------

My Appeal to the adjudicator.
I am appealing the rejection of PCN RG84267225 issued by Reading Borough Council on the grounds that no contravention occurred and the vehicle was not stopped in contravention of the red route regulations.

1. Lawful and Exempt Stop to Execute Parking Manoeuvre

At the time in question, I stopped briefly adjacent to a marked red route parking bay in order to safely reverse into an available parking space. This stop was made as part of a lawful and necessary manoeuvre, and such stops are recognised as exempt from enforcement under Transport for London and general red route enforcement guidance.

I had signalled my intention to park, and paused briefly only because the space was still occupied by another vehicle at the time. As soon as it moved, I would have completed the manoeuvre safely.

2. Evidence Contradicts Council’s Justification

The council claimed in their Notice of Rejection that: There is no available parking space and no evidence that one is about to become available.
However, the council's own CCTV evidence clearly shows the brake lights of a vehicle occupying the space, confirming that: A space was present, just not immediately accessible.My stop was in direct relation to that space becoming available.

This detail directly supports my version of events and undermines the council’s claim.

3. Brief Stop, No Obstruction

My vehicle was stationary only momentarily and did not cause an obstruction. Traffic could continue, and there were no “Keep Clear” or other safety-critical markings in the area. The stop was made with full regard for safety and good driving practice.

4. Disproportionate Enforcement

The council relied on very limited CCTV evidence — a brief clip showing my vehicle stopped without context of what occurred before or after. There is no evidence of prolonged stopping, idling, or abandoning the vehicle. The enforcement action is disproportionate in this case and contrary to the spirit of fair and evidence-based enforcement.

I respectfully request that the adjudicator consider:
The evidence of brake lights in the intended parking space,
The lawful nature of my brief stop, and
The lack of substantive evidence supporting the council’s position.

This was not a contravention, and I ask that the PCN be cancelled.

Supporting Evidence:The first image from CCTV showing the brake lights of the vehicle occupying the parking bay.
« Last Edit: September 22, 2025, 02:50:24 pm by ConfusedD »

Re: Stopped where prohibited (on a red route or clearway) Reading Borough Council
« Reply #20 on: »
Looking at this again it was the car from of the Mini you were waiting to pull out and take the space?

And you paid for parking?

Presumably you have a record of the parking payment so what time was that?

Also you weren't waiting to reverse immediately I presume but for the car to pull out and you drove past the slot and reversed in? 

Re: Stopped where prohibited (on a red route or clearway) Reading Borough Council
« Reply #21 on: »
Yes, that's right — the car parked in front of the Mini was pulling out, and I had reversed slightly to give them space to move. My intention was to take that space as soon as they left. And I did pay for parking but I don’t have the exact time or details of the payment, gotta check my bank statements 

Re: Stopped where prohibited (on a red route or clearway) Reading Borough Council
« Reply #22 on: »
Did you use a parking app as that will have a record.

But anyway you should address what the adjudicator will see in the video as you were positioned correctly to allow the car out.

Re: Stopped where prohibited (on a red route or clearway) Reading Borough Council
« Reply #23 on: »
Do not concede anything like this or make apologies.

Remember their evidence i.e. a moving camera which had your vehicle in sight for LESS THAN 1 SECOND.

How the **** could the authority make the claims they have? It's preposterous.

Anyway, all you have to do at this stage is register your appeal. We don't need War and Peace - despite your obvious inclinations to write something of this length!

Contravention did not occur.
Procedural impropriety.

You rely upon your formal representations but will add further representations after receipt of the authority's evidence.

Come back here when you've registered.

Re: Stopped where prohibited (on a red route or clearway) Reading Borough Council
« Reply #24 on: »
+1

and when registering, opt for a personal (=telephone or video) hearing.
Never choose a decision on papers.

Re: Stopped where prohibited (on a red route or clearway) Reading Borough Council
« Reply #25 on: »
Did you use a parking app as that will have a record.

But anyway you should address what the adjudicator will see in the video as you were positioned correctly to allow the car out.

Here’s the image from my CC statement — it shows the date and lists Reading Reading RDG as the location, but there’s no other detail related to parking.
https://imgur.com/a/Js3DUbz


Re: Stopped where prohibited (on a red route or clearway) Reading Borough Council
« Reply #26 on: »
Do not concede anything like this or make apologies.

Remember their evidence i.e. a moving camera which had your vehicle in sight for LESS THAN 1 SECOND.

How the **** could the authority make the claims they have? It's preposterous.

Anyway, all you have to do at this stage is register your appeal. We don't need War and Peace - despite your obvious inclinations to write something of this length!

Contravention did not occur.
Procedural impropriety.

You rely upon your formal representations but will add further representations after receipt of the authority's evidence.

Come back here when you've registered.


In their response, they stated:
CCTV footage clearly shows the vehicle had stopped. It also shows the vehicle was causing an obstruction as the CCTV car had to pull out into the opposite lane to get past the vehicle.

But isn’t it normal are they using the movement of their own camera car as evidence of obstruction?

Re: Stopped where prohibited (on a red route or clearway) Reading Borough Council
« Reply #27 on: »
Just trying to understand

Re: Stopped where prohibited (on a red route or clearway) Reading Borough Council
« Reply #28 on: »
The contravention is no stopping, so the length of the stop is not the issue alone, but is when part of a driving situation in the middle of the road adjacent to parking bays.

The adjudicator will want to look at the situation which you can say was letting a car out of a parking bay so you could claim it, a situation that happens 1000s of times a day. 
Agree Agree x 1 View List

Re: Stopped where prohibited (on a red route or clearway) Reading Borough Council
« Reply #29 on: »

Case reference   2250164419
Appellant   xxxxxxxxx
Authority   London Borough of Redbridge
VRM   GF58DTO
PCN Details
PCN   AF30617067
Contravention date   28 Feb 2025
Contravention time   20:47:00
Contravention location   Cranbrook Road
Penalty amount   GBP 110.00
Contravention   Stopped where prohibited on red route or clearway
Referral date   -
Decision Date   30 Jul 2025
Adjudicator   Michael Burke
Appeal decision   Appeal allowed
Direction   
cancel the Penalty Charge Notice.

Reasons   
The allegation in this case is that the vehicle was stopped where prohibited (on a red route or clearway). The Appellant does not dispute this but says that she only pulled up with a view to parking in a bay. Having read the time plate she was unsure if she was permitted to park so she drove away. She says that she was only stopped for a minute.

The Enforcement Authority seek to enforce the PCN on the basis the vehicle stopped on a double red line. The enforcement camera evidence confirms this. However, this was only for 6 seconds and the vehicle then began to reverse into a bay. A vehicle must stop in order to be able to reverse park in a bay. I am satisfied the 6-second stop was part of a traffic manoeuvre which does not amount to a contravention, any more than if the Appellant had been required to stop on the double red line in traffic. Accordingly I allow the appeal.