council PCN via CCTV whilst I was waiting to maneuver!

Sir_Roger_deLodger

ginnersinner wrote: »

Otherwise, if there was a queue of traffic, they'd be giving everyone a ticket for that!

They probably do, on the assumption that some people would just pay up rather than come here for advice!

Shoodie

Okay, but if you take the street view Orford has kindly put up, look left and up in the sky, you'll see the dreaded camera they used to frame me. The pictures they sent are directly looking down on me with about a foot in front and behind (enough to show the yellow lines). There is no other traffic in sight!

Coupon-mad

Shocking - you will appeal this all the way won't you?

If the Council turn down your informal appeal do bear in mind that a negative response in most cases may well be standard for that Council, don't for one minute think you haven't got a case!

Let us know when you win - no adjudicator is going to uphold that PCN.

Shoodie

Thanks.

Any yes of course I'll keep you all posted on how things progress.

DaveF327

Coblcris wrote: »

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

That crossed my mind, but consider this: Stopping to allow passengers to board or alight is allowed. The engine can be running for this. The handbrake need not be applied and the driver need not leave the vehicle. What is the difference between this legal action and what the council are alleging? What if a learner driver (or any driver) had stalled the engine temporarily and wasn't quick at restarting?

Of course, the moving video - particularly the portions beyond the 10 second apart snapshots - will show whether or not passengers were boarding or alighting, or in this case, whether traffic was preventing the movement.

Having seen the google streetview image, I can tell that the road is ridiculously narrow and the story as told to me sounds perfectly plausible - and I haven't even been there. If I were an adjudicator, I'd be tempted to allow this appeal.

It would be interesting to read some past adjudicator decisions and precedents on the definition of "waiting".

Coblcris

I refer you to:- " The Joint Report of the Parking Adjudicators for England and Wales 2006"

DaveF327

Coblcris wrote: »

I refer you to:- " The Joint Report of the Parking Adjudicators for England and Wales 2006"

Good, we're getting closer. Now which page exactly defines an adjudicator's opinion of "waiting"? I see something rambling on about updating 1960s terminology and "permitting to remain at rest", but nothing more concrete than that.