A MAN who was fined for picking up a kebab took on the council and won thanks to a technicality.
Edward Moore was fined for parking up outside Hala Lebanese takeaway on Wokingham Road in Reading.
He left his wife inside the car while he popped into the takeaway to pick up a kebab.
Two weeks later he received a notice from Reading Borough Council (RBC) for 'stopping on a red route or clearway'.
Mr Moore said: "Surely stopping off on the road or the pavement is allowed, especially when trying to park?
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" I submitted my representation that there has been a 'procedural impropriety' when interpreting the photo, that I'm not on a red route.”
However RBC responded to Mr Moore, informing him that the area was subject to a "No Stopping Restriction" and "this was clearly
indicated by the double red lines marked on the roadside."
The local authority informed him that "the public have a right of way
on foot over this section of the Highway and therefore the PCN was correctly issued."
Mr Moore and his wife appealed to the Traffic Penalty Tribunal to try and reverse the decision, despite risking a £70 if he lost.
Crucially, Mr Moore pointed out that there were marked parking spaces on the pavement.
Around a week later the local authority said they would not challenge the appeal. Mr Moore said: "The council lost, we won,”
A spokesperson for Reading Borough Council said: " We would also emphasise the red lines on a designated red route apply from the centre of the carriageway to the edge of the property."
The spokesperson added: "this includes pavements and verges, which is additionally stipulated in the Highway Code.”
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