Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Chewdog on June 29, 2024, 04:11:41 pm

Title: Re: Sheffield City Council - 47 - Stopped on a restricted bus stop or stand - Wicker
Post by: Chewdog on July 01, 2024, 09:29:36 pm
Thank you @cp8759 I’ll make sure to set a few reminders.
Title: Re: Sheffield City Council - 47 - Stopped on a restricted bus stop or stand - Wicker
Post by: cp8759 on June 30, 2024, 04:48:17 pm
@Chewdog I'm sorry to tell you but I can't see any grounds that would justify risking the full £70 at the tribunal. You have admitted the contravention and on the basis of the CCTV footage, the contravention is made out in any event. There is a no-stopping timeplate here https://maps.app.goo.gl/F36HucPRqx3MFMW28 and the only conceivable argument would be an issue around the camera authorisation, but it would be a gamble to appeal in the hope that the camera turns out not to be authorised or that there's some issue with the council evidence.

Of course if you want to appeal anyway we can help you with that, but at the moment I think you'd have well under a 50% chance of success so you may want to consider settling at the discounted rate.

The only caveat is that the discount is not meant to expire until 10 July so I would not pay before then. If on 10th July the penalty on the council website is still £35 then it's probably best to consider paying it.

If on the other hand it goes up to £70 at any time before midnight on 10th July, you have an open and shut appeal on the ground that the penalty demanded exceeds the amount due in the circumstances of the case (you'd just need a screenshot showing the amount due and another browser window showing the website https://time.is/ so that there can be no dispute about the timing of the screenshot, this would need to be done on a computer and not on a phone).

Just make sure to put a reminder in your calendar and possibly an alarm in your phone for the evening of July 10th, as you don't want to miss the deadline.
Title: Sheffield City Council - 47 - Stopped on a restricted bus stop or stand - Wicker
Post by: Chewdog on June 29, 2024, 04:11:41 pm
Council: Sheffield City Council
PCN: 47 Stopped on a restricted bus stop or stand
Location: Wicker, Bus Stop WK2 (southside on the same side as Khyber Diner restaurant)

Hi everyone. I challenged my penalty of stopping at the bus stop about a month ago and have now received the notice of rejection of representations. I told the council that I'm a delivery driver and had an order to pick up at the Khyber Diner restaurant. I mentioned that there was no parking nearby and provided a delivery receipt as evidence of my trip. Unfortunately, they have rejected this. Another delivery driver told me that they should cancel the charge if I told them I was doing a delivery. I guess they have stopped being so lenient (https://emoji.tapatalk-cdn.com/emoji29.png). For years I haven't seen this mobile ANPR/CCTV car and now the council has started using it more at night even when buses aren't that busy. I'm not too sure about the rules of this camera car. My friend told me the camera car did two laps and within a few minutes was already gone. Is there any action I could take against this?



I have added a link to the CCTV footage at the bottom and you can see how busy it was as well as another driver's surprise seeing the camera. 



(https://i.imgur.com/5Jd12lp.png)
(https://i.imgur.com/8uLmVW4.jpg)
(https://i.imgur.com/u40mXdw.jpg)
(https://i.imgur.com/qXLz5ZC.jpg)
(https://i.imgur.com/kOSH9mU.jpg)
(https://i.imgur.com/DD9lDkZ.jpg)
(https://i.imgur.com/7gnztqP.jpg)
(https://i.imgur.com/GH8R6mO.jpg)




Imgur CCTV video: https://i.imgur.com/Qpx8bbd.mp4 (https://i.imgur.com/Qpx8bbd.mp4)


Google Street View: https://maps.app.goo.gl/KH7wfWTCwVXS1d4A9 (https://maps.app.goo.gl/KH7wfWTCwVXS1d4A9)