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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
Shai
Hi there, I hope someone can help/advise me.

Midweek Two weeks ago, week commencing Sunday 9th September, we were in London for my girlfriends birthday, on the way back (between 8-9pm) I stopped for about 1minute. In that time I had got out of the car to order something (girlfriend still in car) when the shop assistant said to move my car as there was cctv monitoring the road, I moved it immediately. I didn't realise it was a double yellow line and only as I moved away saw a sign saying no loading/unloading at any time (a little further forward from where i had stopped). On Friday 21st September I received a PCN through the post. After reading various posts on here I have requested to view the CCTV footage online, i'm still waiting for that to be available, I requested it yesterday evening. There were no signs relating to CCTV monitoring or enforcement. I have read a few people have been caught in the same spot. I have also looked up google street maps and seen the exact spot where I had stopped, showing double yellow line with yellow blips and the sign.

I have uploaded everything I have received from the council. I'm hoping someone can help, feels like daylight robbery/extortion!!!

I want to know if I have a chance of a successful appeal or If I should pay.

Many thanks

Shai.







SchoolRunMum
Hmmm...can't see much to go on except to say:

- view the video asap. Do they only have footage of the car for seconds? If just a few seconds then argue 'de minimis' (search the forum if not sure what that is).

- Does the camera zoom in on the signs & lines or not? It must do or you could argue the video does not show the restrictions in place on that day.

- If you decide to appeal, include the points against CCTV parking enforcement - several different possibilities on this link:

http://notomob.co.uk/discussions/index.php?topic=867.0

HTH
Shai
Thanks for your response schoolrunmum. I requested cctv footage on 24th Sept and still awaiting for them to make it available for me to view, should I just wait until it shows up or follow it up with an e-mail/phonecall?

Also, do you or anyone else know what is the legal amount payable? As it mentions this in the PCN as ground for appeal.....

I've looked on here and from what I can work out, it should come under band B??

Once again, thanks in advance

Shai
SchoolRunMum
Pretty sure that's a higher level contravention (Band A?) so £130 looks correct. Where did you read it's Band B?

Don't wait too long for the video. Chase it up tomorrow as you only have 21 days - counting Mon 24th Sept as 'day one' - to pay the lower penalty.
Shai
Now, having viewed it this is how it breaks down. I was stationary for just 1 minute, if I include the time where i pulled into the bus stop opposite to turn round then 1min 20 secs. The camera zooms in, you can just about make the double yellow lines, I can't see any the blips & the operator tries to zoom in on the sign but you can't see what it says either........
SchoolRunMum
Well it's up to you really, it's your money and your gamble that if you lose in the end you will have to pay the full penalty shown on the PCN (the discount will have long gone by the time you would get anywhere with this). As I said, I can't see much to go on but personally I would appeal any Council PCN all the way to adjudication, as would many other regulars on here. It would be an experience, it would make the Council work or their money if you lose and would save you the money if you win (most people win, but not all).

You have the appeal points I mentioned & linked earlier re CCTV enforcement of PCNs (there are about 3 or 4 different possible grounds of appeal listed there in the Report, with case numbers from successful appeals). Trouble is that you stopped on double yellows for a non-exempt activity (ordering something or shopping is not a reason to stop on double yellows).

However, if the video only shows the double yellows - and no kerb blips or signage is visible - you could try including the argument that the contravention code is wrong you think, because you saw no kerb blips or 'no loading' signs and watching the video has not shown you any such signs either, just the DYL for which the code would have been 01.

As I said, it's a gamble in your case. Your call whether to give it a go.
Shai
Thanks, Would you be willing to see the footage if I PM you the details? a second opinion would be helpful....
Incandescent
I would go the distance claiming de minimis; let the bas**rds work for their money !!. This is a typical example of councils gaming the system to make money. What is one minute 20 seconds for God's sake !
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