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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70212
Experience:  Over 5 years in practice.
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My car broke down in the middle of street and I was immobilised

Resolved Question:

My car broke down in the middle of street and I was immobilised there for a few minutes. Unfortunatelly there was a cctv camera and council wants to fine me for parking more than 50cm off the kerb. I am at the stage of sending appeal to independent adjunctor, do I have any chance of winning the case?
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.

Who is the issuer of this fine please?
Customer: replied 3 years ago.

its london borough of newham, thanks

Expert:  Jo C. replied 3 years ago.
Thanks.

They are right in principle. Parking is defined very widely under the case law and doesn't require a driver to actually abandon a vehicle. All that need be done is allow a vehicle to come to rest at a location.

However, if you broke down then that is one of their discretionary grounds to cancel a parking fine.

They often will not agree to it at the time of first appeal though. Sometimes you have to go all the way to the Adjudicator before they will drop a few days earlier so it often is a battle of nerves. Newham BC are particularly bad for that.

They will also want some form of evidence that you did break down other than just an assertion in your appeal. Its easy enough to get that though but you do need to do it.

If you are at the Adjudicator anyway then you may as well appeal. He does not have rights to cancel the fine on this basis but the Council often will.

However, you do need to send in evidence.

Can I clarify anything for you?

Jo
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 3 years ago.

I am at the stage of filling the form for external adjunctor. What would you recommend putting in Details of Appeal box so it doesnt get rejected because of lack of information?


How do i prove car stalled and wouldnt start? I was with my mate at the time. Thanks

Expert:  Jo C. replied 3 years ago.
Yes, absolutely.

If its just that it stalled then that is harder to prove. Usually you submit evidence from a breakdown recovery service or a garage that attended you.

If thats all you have then thats what you have to rely upon but at least a statement from your friend would be better than nothing.