Free Traffic Legal Advice

Thank you. Are you aware if "de minimis" has been defined anywhere? Is it 59 seconds..120 seconds?

Please can you advise if this draft representation could be improved? Thank you.

"Dear Sir, Madam,

In brief background, I live in the street where the restriction which is the subject of this case is located and I always seek to respect it because I approved of its installation earlier this year to let school children cross more easily, which we use every day.

I make formal representations against the above PCN on the following grounds.

1)   My car showed 9am

I distinctly remember the morning of the alleged contravention because I glanced at the clock in my car before making the turn to check whether I could use that route. It showed 9:00am or I would not have turned because I am aware of the 7-9am restriction. I even argued with a protester who opposed the restriction scheme when it was installed earlier this year because he had been sent from another borough, and didn’t understand the importance of the zebra crossing for school children in our road.

2)   The authority should display a clock near a timed restriction

The crux of this case is the need for the authority to allow for reasonable variation between the time on the camera, and the time shown in one’s car.

In case 2240403896, the ETA Adjudicator Belinda Pearce, ruled that “the Enforcement Authority cannot expect motorists to be aware of the time upon which it itself relies unless that time is shown by way of public clock; in the absence of the same motorists are obliged to rely upon their own time pieces and the Enforcement Authority must thereby accommodate naturally occurring variances.”

That Adjudicator further comments “No evidence is adduced of a clock accompanying the signage demonstrating the time upon which reliance is placed by the Enforcement
Authority.” I note the absence of such a clock around the signage of the Boundaries Road scheme in my case and attach photos to prove such absence.

Further, in the council’s reply to my informal representations, they provided no evidence of the calibration of their camera despite mentioning that it was checked. I note this lack of proof but cannot comment further in the absence of a calibration certificate. Ms Pearce noted “No evidence is adduced as to the calibration of, or accuracy of, the camera recording equipment.”

From the above, I advance that there was an allowable variation between the official time and the time shown by my car’s clock which meant that I thought the turn was permitted.

3)   The rule of de minimis applies

The same Adjudicator, Ms Pearce, ruled that “I find that if the 18 seconds incursion is accurate, it is such as to be a minimal incurrence; I import the principle of de minimis.” I propose that the same de minimis principle be applied here as the variation between my clock and the camera’s clock was approximately 39-40 seconds which is again within an allowable range and my turn was a minimal infraction, if it was one at all.

Based on the above, I contend that the infraction did not occur and that the authority should cancel the PCN.

I would add that I consider that the authority is being vindictive and acting without common sense here as I clearly didn’t seek to breach this restriction, and further, they should have applied a de minimis standard.

Thank you - I can't get results from the London Tribunals website as it shows no cases for 50R, or "clock" or "variation".

As you say, I hope someone can point me to the decision.

Hello. Let me summarise:

-I got a 50R for turning right at 08:59 (no seconds shown in penalty notice, and timestamp illegible on the tiny photos)
-Reg YF63LBY and penalty notice WA90944130
-I live in the street and don't try to contravene that camera
-my car clock was showing 9:00 because I remember the occasion precisely
-appealed it on grounds of unknown calibration of their system and uncertainty over time
-Wandsworth rejected the appeal and now show more detail of contravention at 08:59:19

1) should I push to adjudication?
2) is there a "grace period" like there is for parking meters because of the possible timing difference between clock in car and their camera?
3) can I appeal on a procedural ground that original notice didn't show the seconds?
4) on any other grounds?
5) can I ask for proof of the time check they say they did at the moment of infraction and at the start of each day?

Thank you. This one feels very unfair as I always try to respect that rule.

https://postimg.cc/gallery/30Kx4tT