48J PCN on yellow zig zag line on School Summer holidays, Camera enforcement sent PCN for halting for few seconds on yellow zig Options

[AJKPCN]

Hello experts,

Please help. You guys have been fantastic.

Location: 36CV1 Cecil Road (Ashmole Academy) N14
Contravention: 48J Stopped in a restricted area outside a school

I got camera enforcement PCN for stopping at yellow zig zag line outside Ashmole Academy, Cecil Road, N145RJ. I was coming out of Academy and halted for hardly 30-40 seconds. I don't remember exact reason but there is lot of roadwork on junction next to Academy entrance. I didn't have any intention to stop or park but must have halted there. I remember there was a car behind me that overtook me just outside entrance.

I got PCN out of blue and realised that there is a camera which is snooping on people even on school holidays.

I find it really unfare when operator looked like looking for opportunity to issue a PCN when halt was hardly not even a minute and that also on holidays.

School is off and there was roadwork on junction next to school so it must have caused me to stop. I am attaching link to all photographs of PCN, you can see man at work sign in contavening photograph and video. Also, link to GSV. Also attaching pcn challenge I have sent to council.

I have removed all personal details and trimmed video showing reg plate but should give full idea of whats the issue

Documents:
https://drive.google.com/folderview?id=11RV...U1NW8dn3v5rIIxV

GSV:

Cecil Rd
https://maps.app.goo.gl/4gCnHhbnbdjwPQyt6


Pls help how to deal with these bullies. I am really boiling with this overjealous behaviour to make money out of us when I had no intention to stop or park and not posing any danger to anyone.

Sorry for rant but hope you will understand my frustration.

This is what I sent online while challenging, pls pardon me if it's not perfect or I should've come to pepipoo before challenging it. Never been in this situation before.


"
Hi,

I have received this parking notice and would like yo contest it.
There was roadwork with new water pipe installation going on the crossing between cecil road and Arlington road next to Ashmole Academy. You can see the man at work sign board stuck to signpost in the photograph and video as well. There were temporay traffic light in operation on Arlington road but none on cecil road on Academy side.

You need to be careful while approaching this junction because access is restricted.

I haven't stopped on yellow lines at all. My car was in middle of roadand must have slowed down to halt for few seconds before approaching junction due to heavy machinery on crossing.

I feel that camera enforcement is working too hard to protect children from school who are on School Holidays at present. I neither contravened any rules by being vigilant on junction nor I posed any danger to students when school is closed. I was clearly in the middle of road with only shadows on yellow lines as I had no intention to stop when full Ashmole Academy car park is empty where I was coming from.

This week, work is complete on junction and moved ahead on Arlington road. I am attaching photo of completed patches of work and more going on next to junction.

I hope these details will make sense to a reasonable person.
Can this be cancelled please?

I am planning to go till adjudicator as I feel this was not in spirit of real parking enforcement.

Thanks
Ajay


"

Thank you
Ajay

This post has been edited by AJKPCN: Sat, 17 Aug 2019 - 09:28

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[cp8759]

I don't see this ending well, there is no justification I can see for stopping at that point. The fact that the stop was pointless is not an exemption.

[PASTMYBEST]

Ok so you will have to explain that you stopped in order to ensure you fully understood all the signs in front of you, but what where they

I want to help you but you don't seem to want to help me to do so

[stamfordman]

I want to help you but you don't seem to want to help me to do so

As I said let's wait for council reply unless you think it's worth a follow up now. This one is generating a lot of possibly unnecessary posts although of course it is likely it will be a rejection.

If it were me I would take this to the tribunal.

This post has been edited by stamfordman: Tue, 20 Aug 2019 - 11:15

[cp8759]

If it were me I would take this to the tribunal.

On what we know so far, I wouldn't, and you know I'm not one to cave easily.

[PASTMYBEST]

A little story to outline my thinking.

Way back in the70s when I took my driving test and passed first time, the examiner took me on a route I had not been on before (tricky bugger) at the end of the road he told me to go straight on, it was a slight staggered junction.

Straight on was signed with a one way arrow turn left no entry and the right had a no right turn. I stopped and weighed up the signs first before proceeding. The examiner told me to stop through the junction, then asked me why I had stopped. I explained that I wanted to consider all the signs and make sure I was doing as allowed. Good he said carry on.


A few years later I took my HGV, and after passing a slip road on the left a few yards further on the examiner told me to turn left. This time I did not stop, but questioned his instruction saying I should have taken the slip road to go left. Good he said go straight on.


Theres nothing wrong with being cautious, but there must be a reason for caution

[Mr Meldrew]

With respect to CP, what we know so far is that the CCTV footage did not reveal any apparent reason for the vehicle to stop, e.g. passengers getting into or out of the car or the driver speaking to anyone (OP, legal reasons to enforce), in fact no movement is seen within the car. It supports the OP’s assertion that there were road workings ahead behind the camera but we do not know what instructions, if any, were on the signs visible, but one was ‘Men at work’. The OP is a cautious diver, not all drivers are as cautious. He halted to look at the road workings ahead due to heavy machinery on the crossing, and then followed a car that had driven around him.

He cannot remember exactly why the heavy machinery concerned him but he has told the authority he needed to be very careful approaching the junction as access is restricted and he was joining traffic controlled by temporary lights on Arlington road from an uncontrolled side road. He believed that he was being vigilant by halting before approaching heavy machinery working at the junction in connection with a new water pipe installation.

We know that it is possible for an appeal to be allowed where the CCTV footage does not capture the claimed reason for stopping and does not capture any other reason for stopping if there is some evidence to support the claimed exemption. I believe that the supporting evidence is jumbled up but it is there if the OP is being truthful, and stops having a pop at the council (for now), because in the situation described I too might well have pulled up because of my reasonable awareness of risk that would have prevented me from proceeding regardless of what others around me were doing until I had had time to weigh up the situation and saw that I would be safe, and I would not have expected that I had broken any law in either spirit, or in fact.

[cp8759]

Mr Meldrew I see two problems:

1) Even if there was machinery or whatever else, the OP appears to have stopped short of where it was necessary for him to stop

2) The OP is unable to give any oral evidence of why he stopped, so there would be nothing for the adjudicator to go on other than speculation.

I don't think it's a completely hopeless case, a sympathetic adjudicator might allow it, I just think the chances are less than 50/50.

[Incandescent]

I would take them to adjudication on this one.The OP stopped "in traffic" to make sure it was safe to proceed. I would however make sure I attended the adjudication. Of course it means the full PCN penalty is in play, so if the OP doesn't want to play the double-or-quits gamble, I would understand if he just paid up now.

[PASTMYBEST]

Have we seen the notice of rejection? This can be far better than 50/50

[stamfordman]

Have we seen the notice of rejection? This can be far better than 50/50

No - he only made reps the other day. Date of PCN is only 15/8, date of contravention 9/8.

Which is why I've saying let's wait for the reply, which isn't guaranteed to be a rejection.

[hcandersen]

I still think the OP's being less than totally forthcoming about why they stopped, but I don't want this to distract from analysis. Putting the OP's point about machinery and unseen roadworks to one side.

Facts:
Taking the GSV linked by the OP(which I couldn't get on my ipad earlier):

The zig-zags extend for the full length of the road to the junction.

That's it IMO.

It therefore follows that according to the authority's interpretation of the law as regards issuing a PCN it is impossible for any motorist to exit the school and not stop within a length of road purportedly subject to a no stopping restriction.

Self-evidently this is b******s.

IMO, an adjudicator would laugh this out of a hearing if it got that far.

OP, if they reject then you should carry on IMO and press home this point i.e. exactly where one stops is immaterial, a contravention occurs in every situation, yeah

This post has been edited by hcandersen: Wed, 21 Aug 2019 - 12:26

[AJKPCN]

Hello all,

Thanks for fantastic help and follow up.

I got a reply from council just now and PCN has been cancelled. Letter doesn't have much other than saying it's cancelled. Happy to post if needed.

Thanks again.

Thanks
Ajay

[PASTMYBEST]

Hello all,

Thanks for fantastic help and follow up.

I got a reply from council just now and PCN has been cancelled. Letter doesn't have much other than saying it's cancelled. Happy to post if needed.

Thanks again.

Thanks
Ajay

yes please post

[AJKPCN]

Hello all,

Thanks for fantastic help and follow up.

I got a reply from council just now and PCN has been cancelled. Letter doesn't have much other than saying it's cancelled. Happy to post if needed.

Thanks again.

Thanks
Ajay

yes please post

Here it is.

Attached thumbnail(s)