'stopped' in a restricted area outside school. PCN code 48 by mobile camera car

[kkpc0703]

I stopped my car in front of school on the yellow zig zag line to allow two members of public to cross the road. In the mean time, a car coming from behind tried to overtake from my right hand side (possibly not knowing why my car was stopped). It was my natural response to look over my right shoulder before I could move away safely. But in these split seconds (and while looking right) my wife who had dropped my child to school had opened the passenger door on the left and was boarding the vehicle. I allowed her in and moved away safely. However, the overall stay still did not exceed 5 to 7 seconds in which all the above occurred. Please note I never stop even to pick up my wife from the front of the school and she knows it. But on that day, she thought I had stopped to pick her up without realising I had stopped to allow members of public to cross the road.

 

When I got the ticket I was not sure why I received the ticket because in last 4 years of dropping my kids to school I never parked in front of school on yellow lines. The still picture only showed my wife opening the car door? I wanted to see the video evidence and emailed council. Instead I received surcharge notice which required me to pay £165 instead of original £55. I wrote to them again and requested for the video evidence. They then revised the amount to £55 but still did not send the evidence. I called back for the evidence and now finally I have received the video evidence which confirms all of the above. But it confirms one more thing. The video shows I went pass my wife by few yards and stopped only when members of public were crossing the road. It then further shows my wife rushing towards the car from behind on the left hand side (while I was looking right) in an attempt to open the door while I was about to leave. If my intention was to allow her to board I would stop exactly where she was in front of the school door. But this was not the case.

 

Do I stand a chance in the appeal? What shall be the grounds? Is this a long stay? Is there a provision for stopping to allow passenger to board, although this was not my intention?

Edited February 5, 2014 by kkpc0703
Vital piece of information missed in the original post

[Michael Browne]

Do I stand a chance in the appeal?

Unlikely with the council, you would need to take this to adjudication by which time you will have forfeited the discount and would be liable for the full £110

What shall be the grounds?

Contravention did not occur

Is there a provision for stopping to allow passenger to board, although this was not my intention?

No, not on school zigzag lines. Although not definite, your explanation coupled with the video evidence would stand a good chance at adjudication, but it would be a gamble.

[kkpc0703]

Thanks. This is reassuring.

Is there any procedural impropriety too? For example, they initially ignored my requests to furnish video evidence and sent surcharge notice of £165 only to revise it down to £55 later on. Was this not deliberate in the hope I would pay at least £55 without seeing the evidence.

[Michael Browne]

Thanks. This is reassuring.

Is there any procedural impropriety too? For example, they initially ignored my requests to furnish video evidence and sent surcharge notice of £165 only to revise it down to £55 later on.

Worth mentioning

 

 

Was this not deliberate in the hope I would pay at least £55 without seeing the evidence.

You and I may well believe that, but it's impossible to prove one way or the other. Keep any representations factual rather than baseless accusations.

[donarebun]

I won an appeal with PATAS based on the fact they sent a charge certificate when I had requested for video evidence.

 

The Adjudicator asked if they cancelled it (which they didn't) so it matters if they sent you a letter cancelling it or not.

 

Look at section 6 on this part of the Act http://www.legislation.gov.uk/uksi/2007/3482/regulation/3/made and then look at section 5 on this part of the Act http://www.legislation.gov.uk/uksi/2007/3482/regulation/4/made and see if you can build a case of Procedural Impropirity.

 

Highlight it as it tends to help your case.