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#Post#: 106322--------------------------------------------------
Brighton Code 46 stopped where prohibited on a red route or
clearway
DIR By: LoneStartState
Date: January 17, 2026, 5:39 pm
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Hello experts
I've received the below PCN from B + H council for stopping on a
red route. I was actually in a loading bay transferring audio
equipment to a local pub about 50m away for a NYE gig myself and
my brother had agreed at short notice. There were some delays
outside of our control in delivering the speakers where they
needed to be in the pub. The audio equipment consisted of bulky
and heavy (just shy of 20kg each) powered speakers and a large
carrier bag (probably in the region of 5-7 kilos) containing
power cables for the speakers, extension leads, a reel of 4x6m
XLR audio cables and some isolating foam.
I'd pre-checked the loading bay location beforehand on google
maps and so that's where I stopped to deliver the items. We
needed to drop off these items separately to expedite our prep
and because everything else would be able to fit with us in an
Uber/taxi when we returned on a separate journey.
The PCN:
HTML https://cdn.imgpile.com/f/PGz4H7u_xl.jpg
The council's video evidence that they have lifted some images
from:
HTML https://www.youtube.com/watch?v=VyCZCPnaSOM
You can see me first appear in frame returning to the vehicle at
about 3m50s. I enter the car and then return with the carrier
bag. In an unfortunate coincidence the removal of the speakers
has been missed by the CCTV. I reappear in frame at 8m10s,
entering the car and setting up navigation on my phone back to
my brother's flat. My brother appears in frame at 9m0s jogging
back to the car and getting in. Vehicle leaves bay at 9m20s.
I initially submitted representations to the council soon after
receipt of the PCN. Unfortunately I seem to have fallen into
the trap of making my reps a bit detail heavy and containing
some minutiae that the council officer has used to reject the
appeal off hand. My reps as submitted verbatim to the council
selecting the no contravention occurred option from the
available grounds:
I make representations against this PCN for the following
reason:
No contravention occurred due to exempt activity, specifically
unloading/delivery of bulky/heavy audio equipment/ancillaries as
partially captured by your own CCTV evidence. I had checked
Google Maps prior and identified the loading bay on the right
hand side of Preston Road that was close to the Joker pub as
shown in the CCTV video. The unloading/delivery of the
bulky/heavy speakers and connection accessories for them took
only as long as necessary with my vehicle present in that bay
for a little over 10 minutes for this purpose. This time period
covered:
Us arriving in the bay and carefully removing the speakers from
the back seat of the car.
Carrying the speakers up to the Joker Pub, where we had been
booked to DJ for New Year’s Eve.
Waiting for the manager to become available in the pub while it
was busy (as it was NYE) to confirm where to put the speakers
and get the ok for us to go ahead with moving bar furniture etc.
Due to space constraints, temporary movement of bar furniture
such as tables and chairs (and also in this instance notifying
some customers that were at the table) but also the large, heavy
DJ booth itself. This was in order to allow safe siting of the
speakers as they would be stacked vertically on top of each
other, and also access to power/audio connection points.
Returning to my car as seen at 4m25s in your CCTV video to
retrieve from the passenger foot well a large carrier bag of
audio/power cables and other ancillary items required to operate
the speakers and carry that back to the pub, confirming the
ongoing continuous unloading/delivery of goods.
Wire up the speakers and move back into position displaced bar
furniture and double check the speakers were safely in place
with all ancillary items we needed present.
At 8m20s I can be seen to unlock and return to the car, setup
Google Maps navigation (which can be seen in the CCTV video as
the illuminated square through my rear windscreen) back to my
brother’s flat in Hove and start the car. My brother quickly
followed after me and we promptly left with the car exiting the
bay at 9m20s.
Attached evidence:
1. Car Joker Location
2. Joker Pub NYE booking Confirmation
3. Joker NYE Invoice Copy
4. Speakers and cable bag
5. Speaker model
6. Stagg SM12PLCD Specs Page
7. Speaker Location in Pub
A prompt notice of rejection from M Case was received as below:
HTML https://cdn.imgpile.com/f/OTMv68X_xl.jpg
HTML https://cdn.imgpile.com/f/yJsvtZI_xl.jpg
HTML https://cdn.imgpile.com/f/ak6ieV2_xl.jpg
I was disappointed but realised I had erred in giving such a
detailed representation. Chronology was loose and I didn't give
any weighting to how long each bit took but that doesn't matter.
He helpfully recommended that I should have parked somewhere
else for preaparatory work and that "talking to customers" is
not part of the exempt activity. My car was fully laden and
both of the speakers were visible in the back seat as my boot
was full of flight cases containing roughly 400 vinyl records
for the night. Leaving my vehicle unattended in a part of
Brighton I am not familiar with containing such high value gear
and music is not a good idea in my opinion. I also am not local
having driven an hour and a half from Surrey stopping only to
immediately pick up my brother in Hove and continue on to the
pub.
This is likely all irrelevant if my understanding is correct
about a potential fatal defect in the PCN that I have since
discovered. If experts could please confirm that would be
great. After the NOR I more fully interrogated the PCN and
accompanying evidence:
The PCN alleges a contravention time of 18:58. The NOR more
specifically states the contravention time as 18:58:01.
There is no contravention at that time as the vehicle had exited
the bay by 18:57:19. The video feed then switches to a
completely different location at 18:57:57 onwards where my
vehicle is also not present.
Any thoughts welcome.
#Post#: 106330--------------------------------------------------
Re: Brighton Code 46 stopped where prohibited on a red route or
clearway
DIR By: fraser.mitchell
Date: January 17, 2026, 7:30 pm
---------------------------------------------------------
What a pity you didn't come on this forum before submitting your
reps !!
Having said that, they are being disingenuous (as usual!).
Loading encompasses all the activities necessary to carry out
the loading, so could possibly include making space for the
equipment, but your rather too detailed description was
needlessly detailed. If you decide to take them to the Traffic
Penalty Tribunal, we can beef up your reps to them, but your
original reps will be presented to the adjudicator. In addition,
you have to risk the full PCN penalty, the discount option is
lost.
Please post a GSV link to the exact location your car was
parked.
#Post#: 106402--------------------------------------------------
Re: Brighton Code 46 stopped where prohibited on a red route or
clearway
DIR By: LoneStartState
Date: January 18, 2026, 11:15 am
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GSV of the location:
HTML https://maps.app.goo.gl/4nRAzUFSpEoFYi2j8
Loading bay sign is further up the road and has no time
restriction.
Any thoughts on the the incorrect contravention time as given on
the PCN and the NOR?
My vehicle had left the bay more than 40 seconds before the
material time of 18:58:01 they allege the vehicle was in
contravention. Furthermore, in their own video evidence, the
camera feed has switched to a completely different camera and
feed in another location in Brighton as can be seen in the
embedded youtube video in my first post.
The location the camera feed switched to at 18:57:57 is linked
below:
HTML https://maps.app.goo.gl/L14tXtEEYv26iRuEA
Needless to say, my vehicle has never been at that location
shown on the video at 18:58.
#Post#: 106587--------------------------------------------------
Re: Brighton Code 46 stopped where prohibited on a red route or
clearway
DIR By: stamfordman
Date: January 19, 2026, 4:45 pm
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I think I'd appeal this - you are allowed to sort paperwork or
equivalent when loading and there's no dispute you were using
the bay for its purpose.
I'd only do it if you can have a telephone/online appeal.
#Post#: 106594--------------------------------------------------
Re: Brighton Code 46 stopped where prohibited on a red route or
clearway
DIR By: fraser.mitchell
Date: January 19, 2026, 4:54 pm
---------------------------------------------------------
--- Quote from: stamfordman link ---
>
> I think I'd appeal this - you are allowed to sort paperwork or
equivalent when loading and there's no dispute you were using
the bay for its purpose.
>
> I'd only do it if you can have a telephone/online appeal.
>
--- End Quote ---
+1
Hope you get a sympathetic adjudicator, bearing in mind 30
minutes is allowed for loading and you were there for less than
half the allowed time. As SFM says, you must go for a proper
hearing, not papers-based. Their rejection letter is written by
a real "smart arse" isn't it !
#Post#: 108687--------------------------------------------------
Re: Brighton Code 46 stopped where prohibited on a red route or
clearway
DIR By: LoneStartState
Date: February 4, 2026, 8:20 am
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With an NOR date of 13th January, I plan to register for the
tribunal this weekend at the latest.
I guess I should request the TRO for the location to understand
the exact wording of the exemption or should I just wait for the
council to generate it as part of their evidence pack?
Just to recap:
On reviewing all docs and evidence I have from them so far my
primary appeal points:
No contravention occurred - no evidence of a contravention at
the material time stated on the PCN and NOR
No contravention occurred - exempt activity: unloading/delivery
of goods.
Also would it be worth mentioning the following as part of the
appeal? Those same speakers were collected by me the next day
from the pub and I stopped at the exact same spot of the loading
bay. This once again took a number of minutes as I had to wait
for a member of staff to become available, retrieve keys and
unlock a back office (staff had moved our speakers there for
security). They then had to find the speakers and hand them to
us. Curiously I did not receive a PCN.
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