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Post the PCN, blanking only name and address.

Hi all

Will this Photo in the PCN support my case? It doesn't clearly show my car is parked in clear way.

@stamfordman and @Hippocrates - Could you please advice

Thanks

Replace 'respectfully' with 'therefore'.

They will reject your reps as they do to almost all representations, because they know that <95% of people then just cough-up. You have to be prepared to stand your ground and take them to the adjudicators at the Traffic Penalty Tribunal. This means the full PCN penalty is in play, of course.

Replace 'respectfully' with 'therefore'.

They will reject your reps as they do to almost all representations, because they know that <95% of people then just cough-up. You have to be prepared to stand your ground and take them to the adjudicators at the Traffic Penalty Tribunal. This means the full PCN penalty is in play, of course.

Thanks for pointing that out — I understand they usually reject most representations just to push people into paying. I checked the footage thank you @stamfordman and it clearly shows I didn’t stop in the clearway — the car was just briefly manoeuvring and still in motion.
I’m ready to take it to adjudication if they reject, but since these things often come down to technical details, I’d really appreciate advice on how to strengthen my case. Any successful appeal in a similar situation — especially involving red routes or clearway cases? Would really appreciate an appeal to understand how it played out.

Thanks @H C Andersen for highlighting the key points, I've drafted below appeal - used some points from online, let me know if I have added anything incorrectly.


I am writing to make formal representations under the provisions of the Traffic Management Act 2004, in respect of Penalty Charge Notice number issued.

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. No Contravention as Defined by Applicable Regulations

The vehicle was briefly stationary in a live traffic lane adjacent to a clearly marked, conditionally exempted parking bay on a red route. The video evidence shows that the vehicle was not stopped in a prohibited area such as a red route clearway or within a marked “Keep Clear” zone, nor was it causing obstruction.

No signage was contravened, and no statutory prohibition under the London Local Authorities and Transport for London Act 2003, or the Traffic Signs Regulations and General Directions 2016 (TSRGD), appears to have been breached.

2. Legitimate Driving Maneuver – Not “Parking” or “Stopping” for the Purposes of Enforcement

The vehicle had come to a stop at a red signal and the engine was switched off. When the traffic signal turned green, I attempted to restart the vehicle, which momentarily stalled. During this short delay, I indicated left to allow vehicles to pass while preparing to reverse into one of several available spaces in the adjacent bay — a lawful and legitimate maneuver which does not constitute a prohibited stop or illegal parking.

Being stationary for a few seconds in a traffic lane while preparing to carry out a safe and legal parking maneuver is not a contravention under current legislation or TMO (Traffic Management Order) restrictions.

3. De Minimis Non Curat Lex – The Law Does Not Concern Itself With Trifles

The duration of the vehicle being stationary in the traffic lane was approximately one second, as per the council’s own CCTV evidence. This is clearly a de minimis event and cannot reasonably be considered a contravention warranting enforcement action.

4. Council Evidence Supports My Account and Undermines the Alleged Contravention

The CCTV footage provided confirms:

The vehicle was not obstructing traffic;
The stop was extremely brief;
The adjacent parking bay was not full;
The “KEEP CLEAR” marking, while present, was not supported by appropriate traffic signs and does not constitute a formal restriction;
There was no indication of loading/unloading, alighting or waiting contrary to applicable regulations.

Thus, the council’s own evidence does not support the issuance of this PCN and is, in fact, consistent with a legitimate driving action.

5. Request for Cancellation in Accordance with Fair and Proportionate Enforcement

In accordance with the Secretary of State’s Statutory Guidance to Local Authorities on the Civil Enforcement of Parking Contraventions, enforcement authorities are expected to act fairly, proportionately, and in the interest of justice. Issuing a PCN for a brief, lawful stop under the above circumstances is neither fair nor proportionate.

Therefore, for the reasons stated above, There is no contravention, the PCN must be cancelled.

No signage was contravened, and no statutory prohibition under the London Local Authorities and Transport for London Act 2003,

The PCN is served under the Traffic Management Act 2004, and reference to the LLA & TfL Act 2003 is irrelevant, as it does not apply in Reading.

I'll look tomorrow. At first glance it's OTT.

Of course you were stopped on a red route: it's a red route and you were stopped! The RR extends from the centre-line of the carriageway to the back of the footway. So we can forget all about reference to the TSRGD.

Sure, @ H C Andersen I will remove the 1st point, just wondering if you had a chance to go over the other points as well? Reading council made some pretty clear mistakes, and I dont want valid grounds of appeal being overlooked just because of my incorrect technical reference.