Author Topic: Brent PCN - contravention code 16 - Parked in permit space or zone..  (Read 1565 times)

0 Members and 2 Guests are viewing this topic.

Re: Brent PCN - contravention code 16 - Parked in permit space or zone..
« Reply #15 on: »
Wait for the NTO.

Re: Brent PCN - contravention code 16 - Parked in permit space or zone..
« Reply #16 on: »
Hi all,

My mum has received the Notice to Owner and I have uploaded it to Google Drive along with the other documents.

Please advise me on our next steps. And thank you all again!

Notice to Owner document

Re: Brent PCN - contravention code 16 - Parked in permit space or zone..
« Reply #17 on: »
Hi all,

Sorry I was just wondering if anyone had any advice regarding next steps? Thank you in advance!

Re: Brent PCN - contravention code 16 - Parked in permit space or zone..
« Reply #18 on: »
You must respond to the Notice to Owner, (pay or submit a formal representation) or it's game over. HOwever, I'll leave it to 'tincombe' to comment on what to do either way.

Re: Brent PCN - contravention code 16 - Parked in permit space or zone..
« Reply #19 on: »
My take for formal reps:

I was parked as can be seen in the council's photos. I arrived at the location by passing a very clear Controlled Parking Zone sign which stated Pay and Display zone and proceeded to park immediately beyond this sign in a marked parking bay. I then looked beyond my car, saw a pay and display traffic sign and immediately paid for my stay. On my return I found a PCN which alleged that I was parked in a 'permit holders' only bay.

As I now know, this bay in fact commences prior to the Pay and Display(P&D) zone entry sign and is marked by its own traffic sign which is dwarfed by the adjacent P&D entry sign. The bay then extends into the P&D zone, but the council expects drivers to disregard these indicators and instead notice that the bay terminates prior to the pay and display traffic sign which I saw ahead and which lies clearly within a driver's vision.  The junction between my bay and the pay and display bay is not signed as recommended in the Traffic Signs Manual i.e. with a traffic sign at the junction of the bays carrying two traffic signs indicating clearly the change of restrictions whose presence would remove ambiguity and ensure that drivers would then be alerted to the change in restrictions. Instead, the council relies upon road markings which are invisible from the footway when, as in this case, a car is parked so as to overshadow their presence.

Drivers know to look for traffic signs and do not carry a Sherlock Holmes-like magnifying glass to enable them to examine every inch of carriageway.

In my opinion the contravention did not occur because, having regard to all the on-site indicators, the council has failed to convey the restriction clearly.

Re: Brent PCN - contravention code 16 - Parked in permit space or zone..
« Reply #20 on: »
Thank you so much for your response! I will make the representations on the portal tomorrow.


The council only allows me to upload 3 pictures, which three should I use? I was thinking to include one of the massive pay and display sign?

Re: Brent PCN - contravention code 16 - Parked in permit space or zone..
« Reply #21 on: »
Good evening all!

As expected my mum received a Notice of Rejection in the post today which I have uploaded here:

Notice of rejection

Could you please advise of next steps? Thank you all!

Re: Brent PCN - contravention code 16 - Parked in permit space or zone..
« Reply #22 on: »
Next step is your mother's to decide.

I would appeal to the adjudicator.

Contravention did not occur;
Procedural impropriety.

She relies upon her formal representations as regards the substantive issue of the contravention.

As regards Procedural Impropriety, this arises from the NOR in which not only did the authority not advise of the '(iii)describe the form and manner in which an appeal to an adjudicator must be made' contrary to regulation 6(6)(iii) of the Appeals Regulations, they compounded this error by stating that once a Charge Certificate was served 'you would have missed the opportunity to appeal' which is totally contrary to the regulations which state that an appeal may be registered after 'such longer period as the adjudicator may allow.'

Wait for others.