Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Felics on December 15, 2023, 12:29:03 pm
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Excellent; but, in response to this bolleaux, send them this please: https://youtu.be/cxZlrZT1UjE
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Hi All,
Just to conclude this thread, I received the following reply cancelling the PCN as "gesture of goodwill" (yes I laughed too).
Thanks for your help.
(https://i.imgur.com/yJ39LRX.png)
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This is ridiculous PCN. Even their video does not show your vehicle stopped. No contravention at all.
Would you suggest I wait for someone to come back on the other similar case that Incandescent mentions.
Or should I challenge based on the plain facts that the car had not stopped, nor does any of the evidence the Council has presented show that it has stopped.
Just challenge it as follows:
Dear Sirs
Ref: PCN VRM
I make these formal representations as follows:
1. The contravention did not occur according to your own video evidence as the car was not stationary at all.
2. The PCN gives an inexact locus.
In view of the above, please cancel the PCN.
Yours
etc
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This is ridiculous PCN. Even their video does not show your vehicle stopped. No contravention at all.
Would you suggest I wait for someone to come back on the other similar case that Incandescent mentions.
Or should I challenge based on the plain facts that the car had not stopped, nor does any of the evidence the Council has presented show that it has stopped.
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This is ridiculous PCN. Even their video does not show your vehicle stopped. No contravention at all.
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So, from your narrative, you were in traffic driving along, wanting to park, saw a parking space available just before the bus stop, so stopped by the bus stop momentarily, then reversed into the bay, correct ?
If so, then there really is no contravention, and I think a similar case was won last year on this, (it may have been more than one year). Trouble is I don't know where in London it was so can't post the case number. Hopefully somebody on here will remember. Of course if you waited whilst a car departed and left the space for you, then it is not so clear-cut.
Thanks.
And correct per your summary.
Nope, no waiting as there was a free space and I was merely reversing into the space. I didn't stop in the bus lane at all.
OK - great. Hope someone can provide the case reference fingers crossed.
https://youtu.be/BGjJ4BSjkIs
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So, from your narrative, you were in traffic driving along, wanting to park, saw a parking space available just before the bus stop, so stopped by the bus stop momentarily, then reversed into the bay, correct ?
If so, then there really is no contravention, and I think a similar case was won last year on this, (it may have been more than one year). Trouble is I don't know where in London it was so can't post the case number. Hopefully somebody on here will remember. Of course if you waited whilst a car departed and left the space for you, then it is not so clear-cut.
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Also, if anyone can explain how to embed a video would be very helpful.
Thanks
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Hello,
Me again. :-\
I've received a PCN. For some reason I cannot download the video
There are similar threads here (http://www.pepipoo.com/forums/lofiversion/index.php/t145573.html and http://forums.pepipoo.com/lofiversion/index.php/t143163.html).
The alleged contravention states that I am "stopped in a restricted bus stop". This is not correct. I recall this incident well as I saw the bus stop and moved into the space behind it.
(https://i.imgur.com/jNjySZU.jpg)
(https://i.imgur.com/MAqwtX9.jpg)
(https://i.imgur.com/9UXecV8.jpg)
(https://i.imgur.com/COnUW0N.jpg)
(https://i.imgur.com/DvuHmMS.jpg)
The picture conveniently shows a still image of the vehicle half in the bus stop. This is of me moving and not an accurate representation of the car having "stopped". The video is slightly more helpful in that it shows me clearly reversing into the space behind but, again conveniently, seems to stop after 9 seconds. If it continued it would show that I reversed back into the acres of open space *outside* the bus stop markings.
The location "A" per the PCN denotes the zone and not the actual bus stop. Per the thread above it seems that nothing in the PCN notes the location of the bus stop. In addition, I am adamant that I did not park within the markings (although I did obviously stray inside to reverse into the open space). I even got out to check I was fully out of the marking before turning the car off.
My questions:
- Can I request longer footage? This would show me clearly continuing to reverse out of the bus stop markings.
- Just straying into the bus stop whilst trying to reverse shouldn't be enough to warrant a penalty should it?
- Is it worth discussing the fact that the bus stop sign is not mentioned (A vs M) as I can see this has resulted in a DNC from the council?
Thoughts, Comments?
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