Free Traffic Legal Advice

Subject: Appeal against PCN GF84462462 issued on 01/04/2024

Dear Islington Council,

I am writing to appeal the Penalty Charge Notice GF84462462 issued to my vehicle registration BJ09VBO on April 1, 2024 at 09:05 on Upper Street in Islington.

The grounds for my appeal are as follows:

1. The PCN was issued on Easter Monday, April 1, 2024, which was a bank holiday. As per the precedent and common practice in the UK, parking restrictions are generally relaxed on bank holidays, with rules often mirroring those of Sundays unless explicitly stated otherwise on signage.[3][4][10]

2. The road sign provided[2] indicates restrictions for the "RED ROUTE" from Monday-Saturday 7am-7pm, with exceptions allowing parking from 10am-11am and 2pm-3pm for a maximum of 20 minutes. However, the sign does not explicitly state that these restrictions apply on bank holidays as well.

3. Islington Council's own website[7] states that on bank holidays when Arsenal is not playing at home, motorists can park for free in resident bays or pay and display bays without a permit or payment. While it does not mention loading bays specifically, the general relaxation of restrictions on bank holidays is acknowledged.

4. There was no traffic or obstruction caused by my vehicle at the time, as evidenced by the lack of traffic mentioned in my initial statement.[USER_INPUT] Parking briefly to load/unload goods should be permitted on bank holidays when not causing an obstruction or safety hazard.

In light of the above, I believe the issuance of this PCN on Easter Monday was incorrect and contrary to the established precedent and practice of relaxed parking enforcement on bank holidays in the absence of explicit signage stating otherwise.[3][4][6][10] I have provided photographic evidence of the relevant signage[2] and referred to Islington Council's own guidance.[7]

I therefore request that this PCN be cancelled. Please let me know if you require any further information or evidence to support my appeal.

Thank you for your consideration.

Sincerely,
mrbiz

[1][2][3][4][6][7][10]


Citations:
[1] https://pplx-res.cloudinary.com/image/upload/v1711976177/user_uploads/yjphfwsqy/image.jpg
[2] https://pplx-res.cloudinary.com/image/upload/v1711974641/user_uploads/fygeadfqw/image.jpg
[3] http://www.ukparking.info/myths/24/sundays-and-bank-holidays
[4] https://www.bromley.gov.uk/traffic-management/street-parking-advice/8
[5] https://www.london.gov.uk/who-we-are/what-london-assembly-does/questions-mayor/find-an-answer/parking-restrictions-and-bank-holidays
[6] https://www.westminster.gov.uk/parking/bank-holiday-parking-controls
[7] https://www.islington.gov.uk/contact-us/bank-holiday-services
[8] https://hackney.gov.uk/parking-bank-holidays/
[9] https://www.islington.gov.uk/parking
[10] https://www.lambeth.gov.uk/parking/parking-restrictions/where-you-can-park/parking-bank-public-holidays
[11] https://www.islington.gov.uk/parking/parking-restrictions
[12] https://www.trafficpenaltytribunal.gov.uk/appeals-process-parking-england/
[13] https://www.camden.gov.uk/parking-public-holidays
[14] https://www.trafficpenaltytribunal.gov.uk/how-to-appeal/
[15] https://www.islington.gov.uk/parking/parking-restrictions/~/media/ecd00cb3d3704334ad88f023e5d171d8.ashx
[16] https://www.gov.uk/appeal-against-a-penalty-charge-notice/out-of-time
[17] https://www.islington.gov.uk/parking/where-to-park
[18] https://www.citizensadvice.org.uk/law-and-courts/parking-tickets/appealing-parking-tickets/appealing-a-parking-ticket/
[19] https://www.citizensadvice.org.uk/law-and-courts/parking-tickets/appealing-parking-tickets/when-to-appeal-a-parking-ticket/
[20] https://nationaldebtline.org/fact-sheet-library/penalty-charge-notices-ew/

Dear Transport for London,
I am writing to appeal the "Notice to Owner" issued for PCN number GF84462462. My appeal is based on the following grounds:
Confirmation of Previous Appeal: On 01 April 2024, I received a confirmation from TfL regarding my initial representation against this PCN. This confirmation, with representation reference number 50552837, acknowledged the submission of my appeal and stated that the enforcement process would be suspended.
Discounted Fine Offer: In the same confirmation, TfL extended an offer for a discounted fine of £80. This offer was made as part of the appeal process and was accepted by me in good faith.
Legal Principle: It is a well-established legal principle that once an offer has been made and accepted, it cannot be unilaterally withdrawn or altered by the offering party. In this case, TfL made a clear offer of a discounted fine, which I accepted by virtue of my compliance and willingness to pay the reduced amount.
Reliance on the Offer: Based on the confirmation received and the discounted fine offer, I reasonably relied on this information and made financial decisions accordingly. It would be unfair and potentially detrimental to now impose a higher fine.
Consistency and Fairness: For the sake of maintaining public trust and ensuring fair treatment, it is crucial that TfL honors its commitments and follows through on the terms it has previously communicated.
Given these circumstances, I respectfully request that TfL adheres to the originally offered discounted fine of £80, as communicated in the confirmation dated 01 April 2024. This approach would be consistent with the principles of fairness, good faith, and the legal concept that an offer, once accepted, creates a binding agreement.
I trust that upon review of this appeal and the associated documentation, TfL will recognize the validity of my position and honor the discounted fine as initially offered. I look forward to your favorable consideration and prompt resolution of this matter.
Thank you for your attention to this appeal.
Sincerely,
mrbiz

In the first instance I require you to reconsider my informal representations afresh.