Example Cases

A number of appeals are made on the ground that the apparent contravention was made as a result of circumstances beyond the driver's control, In such cases, the Adjudicators have to consider carefully what such circumstances might be construed to be.

Running out of fuel (WL43)
The appellant appealed against a PCN for waiting in a restricted area on the ground that their car had run out of petrol and they had had no alternative but to park where they were, with the warning lights on and set off to find petrol, leaving the vehicle parked on the side of the road. The Adjudicator ruled that running out of petrol was not a circumstance beyond the driver's control.
The appeal was dismissed.

Vehicle-immobiliser battery failure (MC3935
Issue with a parking PCN for parking on double yellow lines, the appellant appealed on the ground that their vehicle immobiliser had suffered a battery failure and they had had to go in search of a new battery. They produced in evidence a receipt for the new battery dated the same day as that on which the PCN had been issued. In light of the evidence, the Adjudicator accepted these as circumstances beyond the driver's control.
The appeal was allowed.

Leaving a car following a positive breath test (MK264
The appellant had left his vehicle at the side of the road after having been stopped by the police for drink driving and found to be over the legal limit. He appealed against the penalty charge on the ground that he had had no alternative in the circumstances but to leave the vehicle and that he had already been made to pay for his error by the fixed penalty and the points on his licence for the drink-driving offence. The Adjudicator ruled that being - rightly so - stopped by the police did not amount to circumstances beyond the driver's control, since it is a foreseeable consequence of drinking and driving. He said that the position might have been different had the motorist been acquitted of the drink-driving offence.
The appeal was dismissed.