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#Post#: 90527--------------------------------------------------
London Borough of Bexley, stopped in a restricted area outside
of school, Victoria road (contravention code 48J)
DIR By: Vince138
Date: September 18, 2025, 10:39 am
---------------------------------------------------------
Hi all,
can anyone kindly advise on a PCN (PCN no: XL97678165, code 48J)
i received from the Bexley council due to parking slightly into
the center of a restricted school Road (not blocking any access
though) for 30 seconds while dropping off my 3 years old son to
nursery.
Is there any ground at all to appeal this PCN? e.g. an exemption
of assisting with dropping off a 3 years old toddler to nursery
under severe weather condition? is there any grace period at all
because i literally spent 30 seconds only by taking him to the
nursery teacher at the door?
There are no parking spots available at all along the road and
it’s raining heavily which means it is also very hard to park on
a different street and then walk in the heavy rain for 5-10mins
especially with such a young children.
Please see attached for the photo evidences and your kind advice
is greatly appreciated!
No foul play here, just an innocent intention to drop off my son
without walking for too long in the heavy rain.
google street view here:
HTML https://maps.app.goo.gl/XCN3sAG1DAhePtbg6
photos (including PCN XL97678165):
HTML https://imgur.com/a/qXeTHSi
Thanks in advance.
#Post#: 90594--------------------------------------------------
Re: London Borough of Bexley, stopped in a restricted area
outside of school, Victoria road (contravention code 48J)
DIR By: John_S
Date: September 19, 2025, 4:12 am
---------------------------------------------------------
Hi,
I've just posted another reply to your Facebook posts, copied
here...
This is an interesting case and a very difficult one to call.
The Traffic Signs Regulations and General Directions 2016 (as
amended), Schedule 7, Part 6, para 3 states, “...a person
driving a vehicle must not cause it to stop on that marking...”.
Technically you weren’t stopped on the marking, but how would an
adjudicator interpret this?
As a side issue, there’s a minor design error in the upright
sign on the photo you posted. The x-height of “No stopping”
should be 50mm and “Mon - Fri” should be 40mm. It looks wrong to
me, but probably not substantial enough for the PCN to be
cancelled on this alone.
#Post#: 90605--------------------------------------------------
Re: London Borough of Bexley, stopped in a restricted area
outside of school, Victoria road (contravention code 48J)
DIR By: stamfordman
Date: September 19, 2025, 4:45 am
---------------------------------------------------------
There are no exemptions beyond an emergency/outside your
control/part of driving manoeuvre etc.
The video shows you double parked opposite the restriction
forcing traffic into the restricted area.
The tribunal has ruled that you can't defeat the restriction by
being outside the zig-zags, say in the centre of the road and I
expect an adjudicator would say the same here but see what
others say.
HTML https://i.ibb.co/qLwqP878/Get-Video4-ezgif-com-optimize.gif
#Post#: 90626--------------------------------------------------
Re: London Borough of Bexley, stopped in a restricted area
outside of school, Victoria road (contravention code 48J)
DIR By: H C Andersen
Date: September 19, 2025, 6:46 am
---------------------------------------------------------
IMO,
It's nonsense and would be kicked out by an adjudicator.
The marking, in fact all road markings and traffic restrictions
of this type apply ONLY to one side of the road: the rear of the
building line including the footway and the carriageway up to
the centre-line, whether real or virtual.
You were never stationary on the same side although VAR shows
your feet to be in contravention!
Make the point strongly and if they reject appeal the
adjudicator and ask for a costs award.
PS ..you were in contravention, just not the one cited, so don't
push your luck on the above point:
HTML https://www.legislation.gov.uk/ukpga/2004/18/section/85
#Post#: 90635--------------------------------------------------
Re: London Borough of Bexley, stopped in a restricted area
outside of school, Victoria road (contravention code 48J)
DIR By: stamfordman
Date: September 19, 2025, 7:19 am
---------------------------------------------------------
This case ruled on by one of the toughest adjudicators says the
restriction extends to the mid-point of the carriageway as I
indicated so Mr Andersen may well be right that your car was
outside what can be ruled as the restriction.
----------------
Case reference
Appellant
Authority
VRM
PCN Details
PCN
Contravention date
Contravention time
Contravention location
Penalty amount
Contravention
Referral date
Decision Date
Adjudicator
Appeal decision
Direction
within 28 days.
Reasons
stopped in a restricted area outside a school, a hospital or a
fire, police or ambulance station. The Appellant does not in
fact dispute this although he asserts that the vehicle was not
actually on the road markings. He says that the signage
indicates the prohibition on the school markings.
The enforcement camera evidence shows a brief but clear example
of the contravention with the vehicle apparently stopping to
allow a passenger to alight. The prohibition is not limited to
vehicles touching the actual markings. If it was then the
Appellant would have been entitled to park and leave his vehicle
there. The school markings indicate a prohibition which extends
to the mid-point of the carriageway.
The Appellant could have pulled over to the left-hand side of
the road in order to drop off his passenger but he remained in
the centre of the carriageway with a significant section of the
vehicle on the side of the carriageway prohibited by the school
markings.
There is a strict prohibition on stopping in the restricted area
outside a school. There is no boarding/alighting exemption.
The brevity of the stop amounts only to mitigation. The
Enforcement Authority may cancel a PCN as a matter of their
discretion but Adjudicators have no power to direct cancellation
on the basis of mitigating circumstances.
Having considered all the evidence I am satisfied that the
contravention occurred and that the PCN was properly issued and
served. I am not satisfied that any exemption applies.
#Post#: 90650--------------------------------------------------
Re: London Borough of Bexley, stopped in a restricted area
outside of school, Victoria road (contravention code 48J)
DIR By: Vince138
Date: September 19, 2025, 8:33 am
---------------------------------------------------------
--- Quote from: stamfordman link ---
>
> This case ruled on by one of the toughest adjudicators says
the restriction extends to the mid-point of the carriageway as I
indicated so Mr Andersen may well be right that your car was
outside what can be ruled as the restriction.
>
> ----------------
>
> Case reference 2250155724
> Appellant xxxxxxx
> Authority London Borough of Barnet
> VRM DE21FYH
>
> PCN Details
> PCN AG47309883
> Contravention date 29 Nov 2024
> Contravention time 08:35:00
> Contravention location Southover
> Penalty amount GBP 130.00
> Contravention Stopped in a restricted area outside a school
etc
>
> Referral date -
>
> Decision Date 25 Jul 2025
> Adjudicator Michael Burke
> Appeal decision Appeal refused
> Direction Full penalty charge notice amount stated to be paid
within 28 days.
> Reasons The allegation in this case is that the vehicle was
stopped in a restricted area outside a school, a hospital or a
fire, police or ambulance station. The Appellant does not in
fact dispute this although he asserts that the vehicle was not
actually on the road markings. He says that the signage
indicates the prohibition on the school markings.
> The enforcement camera evidence shows a brief but clear
example of the contravention with the vehicle apparently
stopping to allow a passenger to alight. The prohibition is not
limited to vehicles touching the actual markings. If it was then
the Appellant would have been entitled to park and leave his
vehicle there. The school markings indicate a prohibition which
extends to the mid-point of the carriageway.
> The Appellant could have pulled over to the left-hand side of
the road in order to drop off his passenger but he remained in
the centre of the carriageway with a significant section of the
vehicle on the side of the carriageway prohibited by the school
markings.
> There is a strict prohibition on stopping in the restricted
area outside a school. There is no boarding/alighting exemption.
> The brevity of the stop amounts only to mitigation. The
Enforcement Authority may cancel a PCN as a matter of their
discretion but Adjudicators have no power to direct cancellation
on the basis of mitigating circumstances.
> Having considered all the evidence I am satisfied that the
contravention occurred and that the PCN was properly issued and
served. I am not satisfied that any exemption applies.
>
--- End Quote ---
thanks! it seems like this appeal already reached the
adjudicators beyond the council stage? it does mention the
brevity of the 'stop' can be used as an mitigation? shall i
still appeal and what would be the best ground i should use?
#Post#: 90652--------------------------------------------------
Re: London Borough of Bexley, stopped in a restricted area
outside of school, Victoria road (contravention code 48J)
DIR By: Vince138
Date: September 19, 2025, 8:35 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> IMO,
>
> It's nonsense and would be kicked out by an adjudicator.
>
> The marking, in fact all road markings and traffic
restrictions of this type apply ONLY to one side of the road:
the rear of the building line including the footway and the
carriageway up to the centre-line, whether real or virtual.
>
> You were never stationary on the same side although VAR shows
your feet to be in contravention!
>
> Make the point strongly and if they reject appeal the
adjudicator and ask for a costs award.
>
> PS ..you were in contravention, just not the one cited, so
don't push your luck on the above point:
>
>
HTML https://www.legislation.gov.uk/ukpga/2004/18/section/85
>
--- End Quote ---
thanks! sorry for missing anything but when you said 'make the
point strongly', please kindly remind what would be the best
ground i should use in my appeal?
#Post#: 90653--------------------------------------------------
Re: London Borough of Bexley, stopped in a restricted area
outside of school, Victoria road (contravention code 48J)
DIR By: Vince138
Date: September 19, 2025, 8:37 am
---------------------------------------------------------
--- Quote from: John_S link ---
>
> Hi,
>
> I've just posted another reply to your Facebook posts, copied
here...
>
> This is an interesting case and a very difficult one to call.
The Traffic Signs Regulations and General Directions 2016 (as
amended), Schedule 7, Part 6, para 3 states, “...a person
driving a vehicle must not cause it to stop on that marking...”.
Technically you weren’t stopped on the marking, but how would an
adjudicator interpret this?
>
> As a side issue, there’s a minor design error in the upright
sign on the photo you posted. The x-height of “No stopping”
should be 50mm and “Mon - Fri” should be 40mm. It looks wrong to
me, but probably not substantial enough for the PCN to be
cancelled on this alone.
>
--- End Quote ---
thanks and apologies but still not sure what is the minor
design error here? e.g. what does '50mm' and '40mm' mean?
#Post#: 90654--------------------------------------------------
Re: London Borough of Bexley, stopped in a restricted area
outside of school, Victoria road (contravention code 48J)
DIR By: Vince138
Date: September 19, 2025, 8:39 am
---------------------------------------------------------
--- Quote from: stamfordman link ---
>
> There are no exemptions beyond an emergency/outside your
control/part of driving manoeuvre etc.
>
> The video shows you double parked opposite the restriction
forcing traffic into the restricted area.
>
> The tribunal has ruled that you can't defeat the restriction
by being outside the zig-zags, say in the centre of the road and
I expect an adjudicator would say the same here but see what
others say.
>
>
HTML https://i.ibb.co/qLwqP878/Get-Video4-ezgif-com-optimize.gif
>
--- End Quote ---
thanks and sorry for a stupid question....would alighting a 3
years old toddler opposite a nursery entrance under heavy rains
(sever weather condition) while no parking bays are available
along the road be considered as 'emergency' / 'out of control'?
#Post#: 90656--------------------------------------------------
Re: London Borough of Bexley, stopped in a restricted area
outside of school, Victoria road (contravention code 48J)
DIR By: stamfordman
Date: September 19, 2025, 8:43 am
---------------------------------------------------------
No - you have an odd idea of emergency... You could have parked
elsewhere and walked.
There's no appeal at this stage. You first have to make
representations to Bexley.
The reps are that the contravention did not occur as your car
was not stopped on any part of the side of the road prohibited
by the no stopping restriction.
Mr Andersen may give you the chapter and verse.
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