Thank you all - I totally lost track of the deadline- I tot I already won the case so I didnt realise I still needed to respond.
Here is my formal representation - is this good enough
I am writing to make formal representations in respect of PCN, issued under the provisions of the Traffic Management Act 2004.
Having carefully reviewed the evidence provided by the enforcement authority, I submit that no contravention occurred, and I request that the PCN be cancelled for the following reasons:
1. Exempt Stop for Safe Manoeuvre into an Adjacent Parking Bay
At the time of the alleged contravention, my vehicle was briefly stationary in a live traffic lane adjacent to a clearly marked, conditionally exempted parking bay on a Red Route. The vehicle was stopped only momentarily due to the need to exercise proper care before reversing into the parking place.
This was not a voluntary or discretionary stop, but a necessary and lawful action taken in the interest of road safety. Under Transport for London Red Route regulations, such stops are exempt from enforcement, as they are considered circumstances beyond the driver’s control when required to safely perform a lawful parking manoeuvre.
The vehicle was indicating to turn and in the process of positioning safely. This was not idling, waiting, or unauthorised stopping — it was a brief and necessary pause in compliance with safe driving standards.
2. CCTV Evidence is Inconclusive and Lacks Context
It is essential to bring to the authority’s attention that the CCTV evidence was captured from a mobile enforcement vehicle and comprises only one second of footage showing the vehicle stationary.
This footage does not show what occurred before or after the moment in question and therefore fails to establish whether a contravention took place. In fact, the extreme brevity of the recording supports my account that the stop was momentary and part of a lawful and exempt parking manoeuvre.
A PCN cannot be upheld where the enforcement evidence is insufficient to prove a contravention occurred beyond reasonable doubt.
Furthermore, it is worth noting that in this one-second clip, the Mini vehicle adjacent to mine is also indicating — clearly preparing to pull out of the bay to give space. This further supports my position that I was legitimately and safely manoeuvring into that space, and not stopping unlawfully.
3. Relevant Case Law — PCN Cancelled in Similar Circumstances
This situation closely mirrors the facts in case reference 2250164419, heard before Adjudicator Michael Burke on 30 July 2025, concerning a PCN issued by the London Borough of Redbridge.
In that case, the vehicle had stopped briefly (6 seconds) on a double red line while the driver assessed whether parking in a nearby bay was permitted, before reversing into it. The adjudicator ruled:
“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… Accordingly I allow the appeal.”
In my case, the stop was even briefer — just one second, with the vehicle preparing to park in an adjacent bay. It is therefore entirely consistent with the adjudicator’s reasoning that this type of stop is not a contravention, as it forms part of a necessary and lawful traffic manoeuvre.
4. No Obstruction or Traffic Impact
At no time did the vehicle obstruct traffic or occupy any restricted markings. The road remained clear and traffic continued to flow freely. There was no infringement of "Keep Clear" zones, bus lanes, pedestrian crossings, or similar.
5. Disproportionate Enforcement
In accordance with the Secretary of State’s Statutory Guidance to Local Authorities on Civil Parking Enforcement, local authorities are expected to enforce regulations in a manner that is fair, proportionate, and in the public interest.
Issuing a penalty based solely on an inconclusive, one-second video — without context or clear evidence of a prohibited act — is neither fair nor proportionate. It undermines public confidence in enforcement where legitimate and exempt driving behaviour is penalised.
Conclusion
Given that:
The stop was lawful, brief, and exempt under Red Route regulations,
The CCTV footage is inconclusive and lacks the context needed to support enforcement,
A recent adjudicator’s ruling (2250164419) confirms these actions do not constitute a contravention,
There was no obstruction or traffic interference, and
Enforcement in this case is clearly disproportionate,
I respectfully request that this Penalty Charge Notice be cancelled.
Please also note that I have attached a copy of the parking receipt, confirming my intent to park lawfully and further supporting that the brief stop was in preparation for parking in a permitted bay.
Thank you for your time and consideration
