Stopped outside school due to road being blocked 48j Options

[ell316]

Couldnt get through as a lorry was attempting a 3 point turn on the zig zags,at this point my wife got my 2 kids out the car.As soon as the road was clear i proceeded .In the meantime ive been done for stopping on the zig zags.
Bexley council.
Just posting to see what you guys think my chances are on appeal.I am planning to challenge this all the way.Common sense shows i had no where to go.
View My Video

Video shows me moving as soon as i was able to.Was my crime letting the family out?

This post has been edited by ell316: Sun, 17 Jun 2018 - 07:27

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[stamfordman]

Zig zags can be and are put on both sides of some narrow roads by schools. Obviously they need the correct order.

We've not seen the PCN on this one so no idea where it is apart from Bexley.

Stopping owing to circumstances is a clear win. It would be perverse to say that no one can get in or out.

This post has been edited by stamfordman: Tue, 19 Jun 2018 - 16:44

[Brian Haytred]

,,,,,,,,,
Which enactment makes stopping on a school marking a contravention?

RTA via TSRGD

could you be more specific?

This is a civil parking contravention, I assume, as it's in a London Borough?

[PASTMYBEST]

You argue that you had to stop on the zigzags because common sense (and the video for that matter!) shows that you had nowhere to go because a lorry surprisingly turned in the road just ahead and that at this point your wife took the opportunity to get your two kids out off the car, which did not contravene the TMO.

Bexley Council would possibly argue that you chose to stop on the zigzags so that your wife could get your two kids out of the car and that the lorry turning in the road just ahead was incidental and you had therefore contravened the TMO.

I would argue that the video evidence does not resolve the matter one way or the other and as you are under threat of the imposition of a penalty, in the interests of justice any doubt over whether or not the Order was contravened must be resolved in favour of the person at risk of incurring a penalty.

+1 the above but I would make point 1 that the zig zags are not outside the school entrance, as per my earlier post. The contravention not occurring comes before an exemption from a contravention.

I dont agree:-
TSM 135

22.23
The markings should not normally be placed
on both sides of the road, but only on the side on
which the entrance is situated. However, conditions
may sometimes require otherwise, e.g. where there
are school entrances on both sides of the road, or the
road is so narrow that not to prevent parking on the
opposite side to the school entrance is considered
hazardous, or a patrol operates at that point.


Which enactment makes stopping on a school marking a contravention?

Agreed i posted a link to that in an earlier post.

The argument re stopping due to traffic is an easy one to make given the video see this case

2170377437

The Appellant attended the personal hearing listed for today.
I found him to be a sincere and honest witness.
He denied the contravention stating that he had to stop due to stationary traffic and whilst stationary his daughter jumped out of the car as she would otherwise be late for school as the traffic was not moving.
This is supported by the video evidence which shows the appellant seeking to move forward past the parked cars on the left and then having to reverse slightly to allow traffic to manoeuvre and the traffic remaining stationary even after his daughter had left the vehicle. In addition the photographs and video suggest that the appellant had stopped in stationary traffic beyond the area of the school markings.
Based on the evidence presented I am not satisfied that the alleged contravention did occur and therefore allow this appeal.

[Pensioner]

Zig zags can be and are put on both sides of some narrow roads by schools. Obviously they need the correct order.

We've not seen the PCN on this one so no idea where it is apart from Bexley.

Stopping owing to circumstances is a clear win. It would be perverse to say that no one can get in or out.

From the code on the pic. The google pic gives a better view of the narrow width of the road. That waggon driver wants reporting to the Traffic Commissioner.

https://www.google.co.uk/maps/@51.4571382,0...33;8i6656?hl=en

This post has been edited by Pensioner: Tue, 19 Jun 2018 - 19:47