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#Post#: 83896--------------------------------------------------
Stopped where prohibited (on a red route or clearway) Reading
Borough Council
DIR By: ConfusedD
Date: August 3, 2025, 10:46 am
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Hi All
I received a PCN by post on Friday for a contravention dated
22nd July. The alleged offence is stopping on a red
route/clearway.
Here’s what happened: There’s a clearway sign at the entrance of
apartment building, with marked parking bays just before & after
it. Unfortunately, all spaces in the parking bays were already
taken at that time. Except one car was just about to leave, they
had their indicators on, so I briefly (less than a minute)
reversed my car into the clear-way sign (I think, as I dint know
at that time about the clear way sign), not to unblock the
traffic from behind. Once the car moved, I parked my car and
paid for the parking.
The PCN does not show my car parked, only an image of it on the
road – presumably because I wasn’t stationary for long.
Given the very short stop and lack of evidence showing my car
parked, do I have a chance to challenge this PCN?
Here the is the link for google maps :
HTML https://maps.app.goo.gl/mJSsSZwnnAojFLEk8
Thanks in advance for any advice.
#Post#: 83922--------------------------------------------------
Re: Stopped where prohibited (on a red route or clearway)
Reading Borough Council
DIR By: stamfordman
Date: August 3, 2025, 1:28 pm
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Post the PCN, blanking only name and address.
#Post#: 84312--------------------------------------------------
Re: Stopped where prohibited (on a red route or clearway)
Reading Borough Council
DIR By: ConfusedD
Date: August 5, 2025, 3:02 pm
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Thank you for your response, PCN attached
#Post#: 84668--------------------------------------------------
Re: Stopped where prohibited (on a red route or clearway)
Reading Borough Council
DIR By: ConfusedD
Date: August 7, 2025, 3:19 pm
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Hi all
Will this Photo in the PCN support my case? It doesn't clearly
show my car is parked in clear way.
@stamfordman and @Hippocrates - Could you please advice
Thanks
#Post#: 84751--------------------------------------------------
Re: Stopped where prohibited (on a red route or clearway)
Reading Borough Council
DIR By: ConfusedD
Date: August 8, 2025, 7:04 am
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Hello,
Could anyone please let me know if this appeal sounds okay to
send?
I am writing to formally challenge the Penalty Charge Notice on
the basis that the alleged contravention did not occur.
At the time in question, my vehicle did not stop or park in a
prohibited clearway area. I briefly manoeuvred my vehicle while
waiting for a vehicle in a marked bay to vacate. This involved
barely pulling across slightly, but my vehicle was never
stationary within the clearway, nor was it parked at any point
in a restricted area.
The movement was part of a normal, slow-moving traffic
adjustment, and there was no stopping, waiting, or parking in
breach of any restriction. The vehicle remained in motion and
was promptly parked in a legal bay once available, at which
point I paid for parking in full compliance with local
requirements.
I respectfully request that the CCTV footage and photographic
evidence be reviewed closely, as it will clearly show:
The vehicle was not stationary in the clearway,
The vehicle was in transitional movement, not stopped,
There was no obstruction or unlawful advantage gained.
As such, I believe the PCN was issued in error and should be
cancelled.
Thank you
#Post#: 84757--------------------------------------------------
Re: Stopped where prohibited (on a red route or clearway)
Reading Borough Council
DIR By: fraser.mitchell
Date: August 8, 2025, 7:26 am
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Replace 'respectfully' with 'therefore'.
They will reject your reps as they do to almost all
representations, because they know that <95% of people then just
cough-up. You have to be prepared to stand your ground and take
them to the adjudicators at the Traffic Penalty Tribunal. This
means the full PCN penalty is in play, of course.
#Post#: 84759--------------------------------------------------
Re: Stopped where prohibited (on a red route or clearway)
Reading Borough Council
DIR By: stamfordman
Date: August 8, 2025, 7:27 am
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I can't see a contravention here?
HTML https://i.ibb.co/fzPTcqp9/Y3-E3b-Foz-TFBTU3px-Tit2-MXZDZFZFU2-NFRGFJNk1t-TFJr-Q0-Js-Yzkw-Sn-Ex-L2-JPUFBVVURzb-EZp-Njc0-VHJLNTV.gif
HTML https://i.ibb.co/0R6hxtQf/Screenshot-2025-08-08-at-13-23-04.png
HTML https://i.ibb.co/nsrBwn0Q/Screenshot-2025-08-08-at-13-22-57.png
HTML https://i.ibb.co/svMX6GtC/Screenshot-2025-08-08-at-13-22-50.png
HTML https://i.ibb.co/1YX1Xm9x/Screenshot-2025-08-08-at-13-25-32.png
#Post#: 84771--------------------------------------------------
Re: Stopped where prohibited (on a red route or clearway)
Reading Borough Council
DIR By: ConfusedD
Date: August 8, 2025, 8:18 am
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--- Quote from: Incandescent link ---
>
> Replace 'respectfully' with 'therefore'.
>
> They will reject your reps as they do to almost all
representations, because they know that <95% of people then just
cough-up. You have to be prepared to stand your ground and take
them to the adjudicators at the Traffic Penalty Tribunal. This
means the full PCN penalty is in play, of course.
>
--- End Quote ---
Thanks for pointing that out — I understand they usually reject
most representations just to push people into paying. I checked
the footage thank you [member=2249]stamfordman[/member] and it
clearly shows I didn’t stop in the clearway — the car was just
briefly manoeuvring and still in motion.
I’m ready to take it to adjudication if they reject, but since
these things often come down to technical details, I’d really
appreciate advice on how to strengthen my case. Any successful
appeal in a similar situation — especially involving red routes
or clearway cases? Would really appreciate an appeal to
understand how it played out.
#Post#: 84784--------------------------------------------------
Re: Stopped where prohibited (on a red route or clearway)
Reading Borough Council
DIR By: H C Andersen
Date: August 8, 2025, 9:48 am
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Can we forget about your recollections please. If there's one
common feature on this forum it's driver's mistaken
recollections!
What does their evidence show?
Device - mobile camera;
Stationary car by road works managed by temporary traffic
lights;
Est. 3 car spaces between the car and 'wait here' sign;
Duration in view of camera - 1 second;
Colour of traffic light - green;
Location: On a 24/7 red route, in middle of traffic lane and
adjacent to 24/7 conditional exempted parking place marked
correctly with white lines but improperly marked with the words
KEEP CLEAR which created a space for at least 3 cars.
FFS.
I stopped at a red light and switched off my engine.
The lights changed to green.
Traffic set off, but I didn't immediately as I had to start my
engine etc.
Car stalled; got flustered; put on left indicator to invite
traffic to pass.
How the hell would the predatory(I don't usually like this word,
it's overused and misplaced more often than not, but IMO it
applies here) camera car know what circumstances led to you
being stationary.
But in your case you were driving in the traffic lane, observed
at least 3 vacant spaces in the parking place, stopped in the
traffic lane beyond where you intended to park only for as long
as it took you to stop, indicate left and reverse into the
parking spaces, reversing being your preferred mode of parking
and absolutely legitimate.
You have viewed the council's evidence which is totally
consistent with the facts and wholly inconsistent with a
decision to demand a penalty for carrying out a legitimate
driving manoeuvre.
There is no contravention, the PCN must be cancelled.
#Post#: 85215--------------------------------------------------
Re: Stopped where prohibited (on a red route or clearway)
Reading Borough Council
DIR By: ConfusedD
Date: August 11, 2025, 3:48 pm
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Thanks [member=428]H C Andersen[/member] for highlighting the
key points, I've drafted below appeal - used some points from
online, let me know if I have added anything incorrectly.
I am writing to make formal representations under the provisions
of the Traffic Management Act 2004, in respect of Penalty Charge
Notice number issued.
Having carefully reviewed the evidence provided by the
enforcement authority, I submit that no contravention occurred,
and I request that the PCN be cancelled for the following
reasons:
1. No Contravention as Defined by Applicable Regulations
The vehicle was briefly stationary in a live traffic lane
adjacent to a clearly marked, conditionally exempted parking bay
on a red route. The video evidence shows that the vehicle was
not stopped in a prohibited area such as a red route clearway or
within a marked “Keep Clear” zone, nor was it causing
obstruction.
No signage was contravened, and no statutory prohibition under
the London Local Authorities and Transport for London Act 2003,
or the Traffic Signs Regulations and General Directions 2016
(TSRGD), appears to have been breached.
2. Legitimate Driving Maneuver – Not “Parking” or “Stopping” for
the Purposes of Enforcement
The vehicle had come to a stop at a red signal and the engine
was switched off. When the traffic signal turned green, I
attempted to restart the vehicle, which momentarily stalled.
During this short delay, I indicated left to allow vehicles to
pass while preparing to reverse into one of several available
spaces in the adjacent bay — a lawful and legitimate maneuver
which does not constitute a prohibited stop or illegal parking.
Being stationary for a few seconds in a traffic lane while
preparing to carry out a safe and legal parking maneuver is not
a contravention under current legislation or TMO (Traffic
Management Order) restrictions.
3. De Minimis Non Curat Lex – The Law Does Not Concern Itself
With Trifles
The duration of the vehicle being stationary in the traffic lane
was approximately one second, as per the council’s own CCTV
evidence. This is clearly a de minimis event and cannot
reasonably be considered a contravention warranting enforcement
action.
4. Council Evidence Supports My Account and Undermines the
Alleged Contravention
The CCTV footage provided confirms:
The vehicle was not obstructing traffic;
The stop was extremely brief;
The adjacent parking bay was not full;
The “KEEP CLEAR” marking, while present, was not supported by
appropriate traffic signs and does not constitute a formal
restriction;
There was no indication of loading/unloading, alighting or
waiting contrary to applicable regulations.
Thus, the council’s own evidence does not support the issuance
of this PCN and is, in fact, consistent with a legitimate
driving action.
5. Request for Cancellation in Accordance with Fair and
Proportionate Enforcement
In accordance with the Secretary of State’s Statutory Guidance
to Local Authorities on the Civil Enforcement of Parking
Contraventions, enforcement authorities are expected to act
fairly, proportionately, and in the interest of justice. Issuing
a PCN for a brief, lawful stop under the above circumstances is
neither fair nor proportionate.
Therefore, for the reasons stated above, There is no
contravention, the PCN must be cancelled.
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