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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Madaagodo on January 07, 2025, 11:14:08 pm

Title: Re: Help Needed: PCN for Code 48J - Stopped in a Restricted Area (BARNET COUNCIL)
Post by: Madaagodo on January 12, 2025, 11:39:32 pm

Thank you for the advice,

I have today submitted an appeal and will inform you of the outcome.

Here is the copy of appeal that I have submitted

[attachment deleted by admin]

Title: Re: Help Needed: PCN for Code 48J - Stopped in a Restricted Area (BARNET COUNCIL)
Post by: H C Andersen on January 09, 2025, 10:26:05 am

The driver was stationary(albeit not touching the markings but as I understand it adjudicators take the view that the prohibition extends beyond the markings themselves) on the markings which GSV (albeit several years old) shows is accompanied by the required sign for a period which IMO would not be considered de minimis and therefore the contravention is proved. Being stopped for the purpose of accessing a parking place which at that time was not vacant(and therefore stopping was not incidental to manoeuvring into the parking place) is not a defence - see para. 4 of Part 6 here: https://www.legislation.gov.uk/uksi/2016/362/schedule/7/made

Title: Re: Help Needed: PCN for Code 48J - Stopped in a Restricted Area (BARNET COUNCIL)
Post by: Madaagodo on January 09, 2025, 12:47:48 am

Hope it works now


BARNET PCN (https://drive.google.com/file/d/1TR-uJxtLhw0aCjfJ4lhZPk_rgs0Czcse/view?usp=drivesdk)

VIDEO OF THE CONTRAVENTION (https://drive.google.com/file/d/1cGC3aXl0fBTT3F9sAbqdxOnA4wW6Wqml/view?usp=drivesdk)

Title: Re: Help Needed: PCN for Code 48J - Stopped in a Restricted Area (BARNET COUNCIL)
Post by: Incandescent on January 08, 2025, 12:59:23 am

Please reset your attachments to 'public', because they cannot be viewed at present.

Title: Help Needed: PCN for Code 48J - Stopped in a Restricted Area (BARNET COUNCIL)
Post by: Madaagodo on January 07, 2025, 11:14:08 pm

Hi everyone,

I recently received a PCN for "Contravention Code 48J: Stopped in a restricted area outside a school, hospital, or a fire, police, or ambulance station when prohibited (camera enforcement)." This occurred on Montagu Road (Ayesha Community School) on 19/12/2024 at 18:32.

I believe this notice is unfair as I was not stopping but waiting to enter a parking bay. You can see from the video that my vehicle was moving while waiting for another car to exit the bay. I was not idling or parked, just trying to access the parking space.

I’d really appreciate advice on how to challenge this PCN. Is there a way to present the video evidence showing my movement, and do I have strong grounds to appeal this?

Any help or guidance on how to word my appeal or any successful experiences with similar cases would be great!

Thanks in advance!


PDF COPY OF THE PCN (https://drive.google.com/file/d/1TR-uJxtLhw0aCjfJ4lhZPk_rgs0Czcse/view?usp=sharing)



VIDEO EVIDENCE FROM BARNET (https://drive.google.com/file/d/1cGC3aXl0fBTT3F9sAbqdxOnA4wW6Wqml/view?usp=drive_link)