Free Traffic Legal Advice

Hi everyone.

Hope you're all well.

I didn't have enough space for the title, and the last contravention should read as "verge lowered to meet the level of the carriageway"

I received a PCN from Surrey County Council relating to the above contravention, and would like some on advice on how I can make a representation if possible.

The space itself is unmarked, and there is no signage on my road whatsoever. It's a place used to park by many residents on my road due to the lack of "ordinary bays". I and many others have been parked there for a number of years without any issue, and seeing as the alleged contravention took place on new years day, it would lead me to believe it was a money making exercise relating to the holiday period.

Also, this is a second "warning" letter after I failed to receive the initial one.

Parking location

PCN1

PCN 2

Have a read of this :-

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

I hope that you've retaxed your vehicle now (expired 3 days ago)

The vehicle has since been part ex'd. I've read through the guideline post, and not aware of any issues on my end regarding the post? Would you mind pointing out to me the issue?

Thank you.

From you photo in the opening post, it seems that there's a pathway lowered to meet the carriageway on both sides of the road. It's quite clearly a pedestrian crossing point, albeit there's no tactile paving, so you can't park there on either side of the carriageway.

Were you parked here, where the dark blue Volkswagen is?

The documents you post are the Notice to Owner. That's the second stage of enforcement, the first being the on-street PCN attached to the windscreen. What happened to the the PCN?

Anyway since you have an NTO you should submit a representation within the time limit. They don't have to but they might re-offer the discount when they reject. I don't think you'll win at adjudication unless the Council mess-up the process.

Here are some of the council pics - a clear contravention by a pedestrian crossing.

So you need a procedural issue.

There's one shot showing the PCn was served on the car.

Hi all,

Many thanks for all your input. I've drafted a letter challenging the procedural process of the ticket:

"I am writing to formally challenge Penalty Charge Notice RR02573792 issued to my vehicle PK59 RHA. I wish to contest this charge on the grounds of procedural impropriety by the enforcement authority.

Grounds for Representation
The Notice to Owner (NTO) states that the date of service of the PCN is 5th February 2025. However, the Civil Enforcement Officer (CEO) placed the PCN on my vehicle on 1st January 2025. This significant discrepancy suggests an administrative error and raises concerns about the validity of the enforcement process.

Under Regulation 19 of The Civil Enforcement of Parking Contraventions (England) General Regulations 2007, a Notice to Owner must be served no later than 28 days after the PCN was issued. Given that the PCN was placed on my vehicle on 1st January 2025, the deadline for issuing an NTO should have been by 29th January 2025. However, the NTO I received was dated 3rd February 2025, suggesting a failure to comply with statutory timeframes.

Furthermore, the council’s claim that the service date of the PCN is 5th February 2025 is factually incorrect, as I was issued the PCN on 1st January 2025. This misrepresentation could result in an unfair extension of enforcement deadlines, putting me at a disadvantage in responding to the charge.

Request for Cancellation
Due to this procedural impropriety and the inconsistency in the dates provided by the council, I kindly request that this Penalty Charge Notice be cancelled with immediate effect.

I would appreciate written confirmation that the charge has been revoked. Should my representation be rejected, I request a full explanation addressing the discrepancy in dates and confirmation of my right to appeal to the independent adjudicator at the Traffic Penalty Tribunal."

You need to start again pl.

The applicable regs are 2022 vintage, not 2007.

https://www.legislation.gov.uk/uksi/2022/71/regulation/20/made

https://www.legislation.gov.uk/uksi/2022/576/regulation/5


Procedural impropriety on the part of the authority (not on behalf of as stated in the grounds.....which rather suggests that they've not updated these since taking the service back in-house)

The Grounds of Representation are not those mandated by the Appeals regulations as follows:


(g)the order which is alleged to have been contravened in relation to the vehicle concerned, except where it is an order to which Part 6 of Schedule 9 to the RTRA 1984 applies, is invalid;

Is irrelevant. The restriction is a statutory prohibition, not one imposed under an order. And even if it was, these aren't grounds anyway because Part VI of Schedule 9 to the RTRA prescribes the only means by which an order could be challenged and this is to the High Court within 6 weeks of it being made.

The Civil Enforcement Officer was not prevented from serving the Penalty Charge Notice;

Is similarly incorrect as regards grounds which are available to you. These apply only if the PCN was served by post.

If full payment has not been received or you have not made representations to the council within the time allowed the penalty charge will increase by 50% thereby increasing the amount outstanding to £105 and a Charge Certificate will be served on you.

Rubbish. Increasing the penalty and serving a CC are permissive powers there's no WILL serve, this fetters their discretion, it's MAY serve.