Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Private Seagull on June 08, 2026, 05:27:31 pm
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What is virtually certain is that Derby council will not accept any reps, so if you want to fight the PCN, you will have to take them to the Traffic Penalty Tribunal with the full PCN penalty in play, but that is all, there are no additional costs whatsoever, and, of course, if you win you pay nothing.
The evidence of the contravention is the video, so if it doesn't show any signs passed, they must show that the signs were in position on the day of the contravention. Many councils make a complete mess of doing this, and the appellant wins, but a lot does depend on the adjudicator. As SFM says, photos of several years ago may not be considered good evidence.
Also forget the criminal test of "beyond all reasonable doubt"; it is the civil law test of "on the balance of probabilities" which the adjudicator will test the case against.
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Adjudicators mostly accept evidence of signage if library shots are reasonably up to date. Sometimes they do side with appellants anyway with videos taken from the 'wrong' side.
Let's see the materials.
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Hi All,
Have just joined so be gentle.
Derby City Council served a PCN 34J on me citing their video evidence. I live in Trafford and was my first time driving through Derby city centre and it came as a big surprise. I've appealed to the Traffic Penalty Tribunal on two grounds:
1) The council's video evidence would be insufficient evidence in a court of law. It does not show my car passing the alleged 'buses and taxis only' restriction signs. It was shot from 100 yards away with the camera pointing directly at the front of my car so the so-called signs were facing in the same direction. Nothing else in the video indicates that I was in contravention - it looks just like a normal two-way street with a couple of buses on it;
2) There is a systematic problem with the alleged signage and markings meaning that far too many drivers have been unfairly ticketed. The Council has failed to convey the up-coming restriction early enough for reasonable drivers to act to avoid it;
My question is just about point 1: the Council have added another video to their evidence which is a Driver's Eye View of the scene as you come up to the alleged Bus Gate. But it is a piece of library footage shot on 21/04/2026, 4 months after my incident occurred. Does the Tribunal require proof to a legal standard? In other words, video taken at the actual time that shows my car with my number plate and the restriction signs all in the same shot?
This is a high standard of proof because the signs may have been defaced or covered up when I drove past and the council would be at fault.
I'll come back to point 2 later - bit short of time right now.
Thank in advance to anyone with advice.