Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: pikelet90 on February 26, 2025, 02:16:51 am
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Of course you can. Remind the council of decision 218015398A about a previous PCN of theirs.
This PCN was issued for the alleged contravention of being stopped in a restricted area outside a school when prohibited. The alleged contravention occurred in Clovelly Avenue at 4.14pm on 8 March 2018.
I have looked at the CCTV footage and also the site images submitted by the Council. These show that Mr Byanouni's vehicle was stopped on entrance markings in front of Colindale Primary School. They also show that there is a sign at the location warning motorists that there is no stopping on the entrance markings between 2.45pm and 4.15pm Mondays to Fridays.
Mr Byanouni appeals because he says that he stopped to pick up his children from school. He says that he is well aware of the restrictions and that the clock in his car showed the time of 4.15pm. The Council says that its clock is calibrated according to the Atomic Clock, ensuring 100% accuracy. The CCTV timing shows the vehicle stopping at 4:14:18.
I accept the evidence of Mr Byanouni that the clock in his car showed the time of 4.15pm. I find that the alleged contravention did not occur. There must be some application of common sense. Motorists cannot all be expected to wear time pieces calibrated to the exact second according to the Atomic Clock. A motorist reading an ordinary watch will not be able to know the time calculated to the exact second.
You can't of course really run this argument and one that the signs were not adequate.
You missed the advance warning sign which the council have made more prominent following a number of tribunal losses.
Thank you so much.
I have made a donation to the hospice.
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Of course you can. Remind the council of decision 218015398A about a previous PCN of theirs.
This PCN was issued for the alleged contravention of being stopped in a restricted area outside a school when prohibited. The alleged contravention occurred in Clovelly Avenue at 4.14pm on 8 March 2018.
I have looked at the CCTV footage and also the site images submitted by the Council. These show that Mr Byanouni's vehicle was stopped on entrance markings in front of Colindale Primary School. They also show that there is a sign at the location warning motorists that there is no stopping on the entrance markings between 2.45pm and 4.15pm Mondays to Fridays.
Mr Byanouni appeals because he says that he stopped to pick up his children from school. He says that he is well aware of the restrictions and that the clock in his car showed the time of 4.15pm. The Council says that its clock is calibrated according to the Atomic Clock, ensuring 100% accuracy. The CCTV timing shows the vehicle stopping at 4:14:18.
I accept the evidence of Mr Byanouni that the clock in his car showed the time of 4.15pm. I find that the alleged contravention did not occur. There must be some application of common sense. Motorists cannot all be expected to wear time pieces calibrated to the exact second according to the Atomic Clock. A motorist reading an ordinary watch will not be able to know the time calculated to the exact second.
You can't of course really run this argument and one that the signs were not adequate.
You missed the advance warning sign which the council have made more prominent following a number of tribunal losses.
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(https://i.imgur.com/4o5HFE0.jpeg)
(https://i.imgur.com/8Up0mHo.jpeg)
Was there any further page?
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Hi all,
I received the following PCN for entering into a pedestrian zone.
I am not aware of the restriction being in place, and had not seen the road signs.
The time stamp on the contravention is 15:59:17 - Is it possible to appeal that it is less than one minute before the restriction is due to end?
https://imgur.com/a/JeuMcdW
Thanks.