council PCN via CCTV whilst I was waiting to maneuver!

Shoodie

Hi all

As the title heading says it, a cctv camera has identified my vehicle parked in contravention of the street's restrictions. They have posted two photographs of my car, 10 seconds apart, apparently parked on a double-yellow line.

Reality: there I was, sitting in my car on this narrow street (single file traffic only), near the end towards a t-junction, when I pulled over onto the yellow lines to allow traffic waiting to enter to come in and clear my way! Problem is I had to wait a while as there was a lot of traffic congestion ahead.

The cctv viewer has deliberately ignored the fact that the car was in a maneuver and has isolated shots to make it look I was parked!!

Since I can't go back and gather any evidence (the moment's gone), is there anything I can do?

Coblcris

Make a standard appeal. As this will be posted PCN it will be a regulation 10 PCN which also serves as the NTO. Thus it will be the formal appeal so you should to put in all salient points. Examine the PCN for flaws and use any that are there.
The council should review the video footage so point that out to them. Also point out that the footage and not just the stills will be used if this goes to adjudication.
You should fully expect the council to refuse your appeal and put you on the path to adjudication I am sorry to tell you.
I must emphasise most strongly that you do not use the words "I was waiting" in your appeal to the NT0.

C_Mababejive

It is incredible that someone just viewing a cctv camera can raise a PCN.

They shouldnt have that right.

Shoodie

Coblcris, thanks.

However if I don't say 'waiting' for traffic to give way, how do i put it?

grey_lady

Obstructed by oncoming vehicles unexpectedly? Tell them you want to view the footage as well, I had one of these cancelled when I was stopped unexpectedly on a yellow box, they didn't cancel it on my first letter, it was only when i asked to see the footage they had a change of heart.

Coblcris

Number one rule of the road - Give way to oncoming vehicles.
That is was what you were doing was it not.

DaveF327

Put the answers to the following points in your letters:

Was your handbrake applied?
Was your engine running?
Did you leave the car at any time?
Were you stationary for any reason other than danger of passing traffic or insufficient room to move?

Shoodie wrote: »

Since I can't go back and gather any evidence (the moment's gone), is there anything I can do?

There's always evidence that can be gathered. Give me the name of the road and its location and I should be able to gather some from Google streetview for you. Not all evidence needs to be taken from the material time.

Shoodie

Was your handbrake applied? No
Was your engine running? Yes
Did you leave the car at any time? No
Were you stationary for any reason other than danger of passing traffic or insufficient room to move? No

Thanks Dave. The location was St George's Avenue, Southall

Orford

St George's Avenue, Southall :

http://maps.google.co.uk/maps?q=St+George%27s+Avenue,+Southall&oe=utf-8&client=firefox-a&ie=UTF8&hl=en&hq=&hnear=St+George%27s+Ave,+Southall,+Middlesex+UB1+1PZ,+United+Kingdom&ll=51.511494,-0.377762&spn=0.005001,0.006931&z=17&layer=c&cbll=51.511403,-0.377749&panoid=k9T600XPMAWgErk21d07DA&cbp=12,357.63,,0,-13.53

Coblcris

Shoodie wrote: »

Was your handbrake applied? No
Was your engine running? Yes
Did you leave the car at any time? No
Were you stationary for any reason other than danger of passing traffic or insufficient room to move? No

Thanks Dave. The location was St George's Avenue, Southall

The first three questions are sadly irrelevant. The key word is actually 'waiting' not 'parking'.

ginnersinner

If the footage shows you waiting while cars are coming towards you, and as soon as there's a respite in the flow you continue onwards, they'd be hard pushed to conclude that you were 'parked' or 'waiting' in the accepted sense of the word. Otherwise, if there was a queue of traffic, they'd be giving everyone a ticket for that!