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DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
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#Post#: 85223--------------------------------------------------
Re: Stopped where prohibited (on a red route or clearway)
Reading Borough Council
DIR By: H C Andersen
Date: August 11, 2025, 4:02 pm
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I'll look tomorrow. At first glance it's OTT.
Of course you were stopped on a red route: it's a red route and
you were stopped! The RR extends from the centre-line of the
carriageway to the back of the footway. So we can forget all
about reference to the TSRGD.
#Post#: 85234--------------------------------------------------
Re: Stopped where prohibited (on a red route or clearway)
Reading Borough Council
DIR By: fraser.mitchell
Date: August 11, 2025, 4:44 pm
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--- Quote ---
> No signage was contravened, and no statutory prohibition under
the London Local Authorities and Transport for London Act 2003,
--- End Quote ---
The PCN is served under the Traffic Management Act 2004, and
reference to the LLA & TfL Act 2003 is irrelevant, as it does
not apply in Reading.
#Post#: 85458--------------------------------------------------
Re: Stopped where prohibited (on a red route or clearway)
Reading Borough Council
DIR By: ConfusedD
Date: August 13, 2025, 4:31 am
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--- Quote from: Incandescent link ---
>
> [quote]No signage was contravened, and no statutory
prohibition under the London Local Authorities and Transport for
London Act 2003,
--- End Quote ---
The PCN is served under the Traffic Management Act 2004, and
reference to the LLA & TfL Act 2003 is irrelevant, as it does
not apply in Reading.
[/quote]
Appreciate you clarifying- This makes sense, I will remove the
reference LLA & TfL Act 2003 since its not relevant here
#Post#: 85459--------------------------------------------------
Re: Stopped where prohibited (on a red route or clearway)
Reading Borough Council
DIR By: ConfusedD
Date: August 13, 2025, 4:38 am
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--- Quote from: H C Andersen link ---
>
> I'll look tomorrow. At first glance it's OTT.
>
> Of course you were stopped on a red route: it's a red route
and you were stopped! The RR extends from the centre-line of the
carriageway to the back of the footway. So we can forget all
about reference to the TSRGD.
>
--- End Quote ---
Sure, @ H C Andersen I will remove the 1st point, just wondering
if you had a chance to go over the other points as well? Reading
council made some pretty clear mistakes, and I dont want valid
grounds of appeal being overlooked just because of my incorrect
technical reference.
#Post#: 85474--------------------------------------------------
Re: Stopped where prohibited (on a red route or clearway)
Reading Borough Council
DIR By: H C Andersen
Date: August 13, 2025, 6:21 am
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The vehicle was briefly stationary in a live traffic lane
adjacent to a clearly marked, conditionally exempted parking bay
on a red route and was stopped only momentarily due to the need
to exercise proper care before reversing into the parking place.
This is an exemption from the Red Route prohibition i.e.
circumstances beyond the driver's control.
At this point it is necessary to bring to the authority's
attention that their CCTV could not confirm what I did after
stopping because the CCTV evidence (taken from a mobile vehicle)
lasts for 1 second.
#Post#: 85546--------------------------------------------------
Re: Stopped where prohibited (on a red route or clearway)
Reading Borough Council
DIR By: ConfusedD
Date: August 13, 2025, 11:34 am
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--- Quote from: H C Andersen link ---
>
> The vehicle was briefly stationary in a live traffic lane
adjacent to a clearly marked, conditionally exempted parking bay
on a red route and was stopped only momentarily due to the need
to exercise proper care before reversing into the parking place.
This is an exemption from the Red Route prohibition i.e.
circumstances beyond the driver's control.
>
> At this point it is necessary to bring to the authority's
attention that their CCTV could not confirm what I did after
stopping because the CCTV evidence (taken from a mobile vehicle)
lasts for 1 second.
>
--- End Quote ---
Thank you for your feedback, I have revised and submitted my
representation focusing on parking maneuvering exemption, short
CCTV evidence and fair enforcement. I appreciate your time- will
come when I hear the decision.
#Post#: 85552--------------------------------------------------
Re: Stopped where prohibited (on a red route or clearway)
Reading Borough Council
DIR By: H C Andersen
Date: August 13, 2025, 11:56 am
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In strict parlance, the exemption is 'beyond the driver's
control'. This applies millions of times every day when every
car travelling along every red route stops because traffic is
stop/start or there are traffic lights ahead or whatever. Each
time this is a prima facie contravention because the prohibition
extends fully across a traffic lane!
#Post#: 90137--------------------------------------------------
Re: Stopped where prohibited (on a red route or clearway)
Reading Borough Council
DIR By: ConfusedD
Date: September 16, 2025, 4:39 am
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I have attached the response received regarding the PCN appeal
HTML https://imgur.com/a/FB9pfaa
HTML https://imgur.com/a/Pc9oIk8
HTML https://imgur.com/iH49Z3E
HTML https://imgur.com/yFzvm2W
HTML https://imgur.com/a/FzQV2ze
unfortunately, it has been rejected :(
What do we do now? Any advice?
#Post#: 90142--------------------------------------------------
Re: Stopped where prohibited (on a red route or clearway)
Reading Borough Council
DIR By: H C Andersen
Date: September 16, 2025, 4:48 am
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Can't see the attachment, I'm afraid.
Anyway, that's their last throw of the dice as judges in their
own cause as the next stage is the adjudicator if you choose to
appeal.
#Post#: 90931--------------------------------------------------
Re: Stopped where prohibited (on a red route or clearway)
Reading Borough Council
DIR By: ConfusedD
Date: September 22, 2025, 8:43 am
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Please see the link below for the rejection letter I received
from Reading Borough Council
HTML https://imgur.com/a/JDoDSpI
I’ve also drafted an appeal below to the adjudicator. I
would really appreciate it if anyone could let me know
Do I stand a good chance of winning this at the tribunal? Is my
appeal strong, or does it need improvement?
If not am I still within the 14-day discount period?
The rejection letter is dated 9th September, but I only received
it on 12th September, so I’m not sure if the discount
window has closed or not.
Adding Reading Council rejection incase the above link is not
clear-
Applying Discretion:
I have considered the representations and reviewed the time and
date stamped footage recorded by the CCTV car at the time of the
contravention. I can confirm that the above noted vehicle was
stopped where prohibited on a red route. The area where your
vehicle was stopped was subject to a 'No Waiting restriction.
The restriction is applicable 24 hours a day, 7 days a week. It
is the driver's responsibility to act upon information given to
them through traffic signs and road markings, as stipulated in
the Highway Code. With regards to your correspondence, the CCTV
footage clearly shows the vehicle had stopped. It also
shows the vehicle was causing an obstruction as the CCTV car had
to pull out into the opposite lane to get pass the vehicle.
Furthermore, the CCTV footage shows there is no available
parking space and no evidence that one is about to become
available. Applying discretion when reviewing representations
against a PCN requires consideration of both the points raised
against the issue of the PCN as well as the evidence recorded at
the time of the contravention. A judgement is made on the
evidence and a decision made accordingly. The decision can be to
either cancel the charge or continue pursue payment. Reading
Borough Council has exercised discretion when considering your
representation and has made a decision not to cancel the PCN.
Your representation has been considered by this office in
accordance with the requirement of the Traffic Management Act
2004 (as amended), but after full consideration of the
representations made and all other circumstances relating to the
issue of Penalty Charge Notice, I have to advise you that
grounds for representation against the Penalty Charge Notice
have not been established. This Notice is issued as a formal
Notice of rejection under Part 6, Section 80 of the Traffic
Management Act 2004 and Regulation 6 of The Civil Enforcement of
Road Traffic Contraventions (Approved Devices, Charging
Guidelines and General Provisions) (England) Regulations 2022.
---------------------
My Appeal to the adjudicator.
I am appealing the rejection of PCN RG84267225 issued by Reading
Borough Council on the grounds that no contravention occurred
and the vehicle was not stopped in contravention of the red
route regulations.
1. Lawful and Exempt Stop to Execute Parking Manoeuvre
At the time in question, I stopped briefly adjacent to a marked
red route parking bay in order to safely reverse into an
available parking space. This stop was made as part of a lawful
and necessary manoeuvre, and such stops are recognised as exempt
from enforcement under Transport for London and general red
route enforcement guidance.
I had signalled my intention to park, and paused briefly only
because the space was still occupied by another vehicle at the
time. As soon as it moved, I would have completed the manoeuvre
safely.
2. Evidence Contradicts Council’s Justification
The council claimed in their Notice of Rejection that: There is
no available parking space and no evidence that one is about to
become available.
However, the council's own CCTV evidence clearly shows the brake
lights of a vehicle occupying the space, confirming that: A
space was present, just not immediately accessible.My stop was
in direct relation to that space becoming available.
This detail directly supports my version of events and
undermines the council’s claim.
3. Brief Stop, No Obstruction
My vehicle was stationary only momentarily and did not cause an
obstruction. Traffic could continue, and there were no
“Keep Clear” or other safety-critical markings in
the area. The stop was made with full regard for safety and good
driving practice.
4. Disproportionate Enforcement
The council relied on very limited CCTV evidence — a brief
clip showing my vehicle stopped without context of what occurred
before or after. There is no evidence of prolonged stopping,
idling, or abandoning the vehicle. The enforcement action is
disproportionate in this case and contrary to the spirit of fair
and evidence-based enforcement.
I respectfully request that the adjudicator consider:
The evidence of brake lights in the intended parking space,
The lawful nature of my brief stop, and
The lack of substantive evidence supporting the council’s
position.
This was not a contravention, and I ask that the PCN be
cancelled.
Supporting Evidence:The first image from CCTV showing the brake
lights of the vehicle occupying the parking bay.
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