To serve a CCTV based postal PCN, a contravention needs to have occurred on a road in the circumstances specified in
regulation 11.Regulation 11 permits a CCTV based postal PCN to be served where a vehicle is stationary on a red route. Regulation 11 goes on to define a red route as
QUOTE
“red route” means a road marked in accordance with—
(a)diagram 1018.2 at item 11 or diagram 1017.1 at item 12 in Part 4 of Schedule 7 to the Traffic Signs Regulations, and
(b)the upright sign at Part 1 of Schedule 6 to those Regulations;
In other words, where a single or double red line is marked. The accepted definition of “road” is any length of highway or of any other road to which the public has access.
In this case the length of highway where the vehicle was parked is not marked with a single or double red line. It is marked with a parking bay (the permitted red variant of diagram 1028.4).
The definition of red route for CCTV parking contravention purposes does not include any parking bay markings. Therefore, could it not be argued that it is ultra vires to serve a CCTV based postal PCN since the vehicle was stationary in a parking bay and not stationary on any length of highway (road) marked with single or double red lines?