The appellant was caught via CCTV camera on a red route, where stopping is prohibited.
The appellant’s argument is that they did not park, but was trying to get into an adjoining parking bay. But the driver of the other vehicle (parked in the adjoining bay) told the appellant they were not about to move, so the appellant drove away.
WHY WAS IT ALLOWED?
The adjudicator acknowledged the appellant did in fact stop in a red route where stopping is prohibited. However, the adjudicator stated that parking is not the same as stopping.
Since the contravention is a parking contravention, whether the vehicle was parked was a matter of fact to be determined.
Therefore the contravention did not occur.