Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: PeterH on February 16, 2025, 10:13:41 am

Title: Re: Durham County Council parked at bus stop CCTV Tenters Street Bishop Auckland
Post by: coffee pot on February 17, 2025, 08:35:36 am
The signs that give direction, 'No stopping except local buses' are very small, and are at 90 degrees to the direction of travel. Crucially, they are both within the zone of the bus stop. Its arguable that those signs can only be safely read if a car driver is stationary. How else  can you see you shouldn't stop there? This is particularly the case at night as they are unilluminated. Contrariwise, it is covered by rule 243 of the HC - and indeed stopping NEARBY (not further defined) may also earn a ticket.

Quote

Rule 243

DO NOT stop or park:

    near a school entrance -
    anywhere you would prevent access for Emergency Services -
    at or near a bus or tram stop or taxi rank -
    on the approach to a level crossing/tramway crossing -
    opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space -
    near the brow of a hill or hump bridge -
    opposite a traffic island or (if this would cause an obstruction) another parked vehicle -
    where you would force other traffic to enter a tram lane -
    where the kerb has been lowered to help wheelchair users and powered mobility vehicles -
    in front of an entrance to a property -
    on a bend -
    where you would obstruct cyclists’ use of cycle facilities -

except when forced to do so by stationary traffic.

[attachment deleted by admin]
Title: Re: Durham County Council parked at bus stop CCTV Tenters Street Bishop Auckland
Post by: stamfordman on February 16, 2025, 07:17:30 pm
This is most annoying as stopping to alight on the double yellows was fine.

The sign is tucked away beyond the shelter.

They may consider discretion. 

(https://i.imgur.com/6m25GA8.gif)
Title: Re: Durham County Council parked at bus stop CCTV Tenters Street Bishop Auckland
Post by: PeterH on February 16, 2025, 06:54:35 pm
Appreciate the advice. I will explain the options and risks to her so she can make an informed decision. Cheers 🍻.
Title: Re: Durham County Council parked at bus stop CCTV Tenters Street Bishop Auckland
Post by: Incandescent on February 16, 2025, 06:48:43 pm
Thanks for your reply. Sounds like she's going to have to pay up then  :'(
Well, maybe not: -
https://drive.google.com/file/d/1bLvPW0TH_QAvabqJdN2FQ3glB_Ow7-kH/view

However the above case was at London Tribunals, not the Traffic Penalty Tribunal that would cover your case, but can, of course be quoted in your representations to the council and also to the adjudicators at TpT. So you could have a reasonably good case, but such is the venality and rapacity of councils nowadays, who keep the penalty money, they usually refuse all reps because they know >95% of people then cough-up. If you then take them to the TPT, it is with the full PCN penalty in play.

The sign for this bus stop is really very badly placed so if it were me, I'd risk it, because councils have a duty to sign a restriction adequately. Here they haven't.
Title: Re: Durham County Council parked at bus stop CCTV Tenters Street Bishop Auckland
Post by: PeterH on February 16, 2025, 06:37:50 pm
Thanks for your reply. Sounds like she's going to have to pay up then  :'(
Title: Re: Durham County Council parked at bus stop CCTV Tenters Street Bishop Auckland
Post by: Incandescent on February 16, 2025, 06:32:39 pm
Unfortunately, a look at TSRGD 2016 in Schedule 7 Part 4, shows diagram 1025.1 which matches the bus stop in this case, and which is defined as :
Quote
Clearway at which, as described in paragraph 1 of Part 6, vehicles must not stop (exceptions apply for buses and taxis)
Title: Re: Durham County Council parked at bus stop CCTV Tenters Street Bishop Auckland
Post by: PeterH on February 16, 2025, 01:44:56 pm
(https://i.imgur.com/XX5QsBa.jpeg)
(https://i.imgur.com/I6jsE69.jpeg)
(https://i.imgur.com/ts0CKVO.jpeg)
(https://i.imgur.com/wOYDQfN.jpeg)
(https://i.imgur.com/KdG4AYu.jpeg)

https://maps.app.goo.gl/tB9tcZCR5M7fQjxG8

Thanks!
Title: Re: Durham County Council parked at bus stop CCTV Tenters Street Bishop Auckland
Post by: John U.K. on February 16, 2025, 10:27:23 am
Most 'bus stops are 'No Stopping' rather than 'No Waiting'.

Hopwever, a lot will be dependent on the signage and the 'small print'.

So, for meaningful advice please to have a read of
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

and post here all sides of the PCN, redacting only yr name & address - leave all else in,

any Council pics/video,
 
and a GSV link to the location.
Title: Durham County Council parked at bus stop CCTV Tenters Street Bishop Auckland
Post by: PeterH on February 16, 2025, 10:13:41 am
My Ex Wife was taking my younger son down to catch the bus to Newcastle.  She stopped at the bus stop, he got out with his bag and waited to catch the bus. Letter says in effect caught by CCTV stopping at the bus stop.  Surely this is covered by boarding and alighting but, then again, that's why I'm here, to ask for advice ;D.  Many thanks!