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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Hi,I briefly stopped on double yellow line on 14/05, ticket

Resolved Question:

Hi,I briefly stopped on double yellow line on 14/05, ticket was issued on 28/05. Notice claims officer observed the offence in real time on an approved device at the time.As the notice was issued 2 weeks later can I appeal?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 2 years ago.

I briefly stopped on double yellow line on 14/05, date of notice is 28/05. Contravention code is 02. Location forty ave (CAMERA 168)

Customer: replied 2 years ago.

What further information do you require?

Expert:  Jo C. replied 2 years ago.
Is this a local council issue fine?
Customer: replied 2 years ago.
Yes, brent council
Expert:  Jo C. replied 2 years ago.
Thanks.

I am sorry but they have 28 days to issue a fine by CCTV. Its the police that have to issue a NIP within 14 days. The Councils have much longer.

Obviously though there are other points of appeal.

I'm not sure whether you deny the offence? You can always put them to proof upon adequacy of lines and signs and whether or not the stop amounts to a de minimus one or whether it was substantial.

On your main point though, as long as they issue within 28 days they can rely upon it.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

I don't deny the offence but there are no signs


For cctv monitoring. Also what is the limit for de minimus.

Expert:  Jo C. replied 2 years ago.
There isn't a limit. It depends on the facts of the case. It is for a court to decide. It covers very technical breaches?

I'm not sure what you mean about CCTV monitoring?

I'm happy to continue with this but please remember to leave feedback for my answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69984
Experience: Over 5 years in practice
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