Free Traffic Legal Advice

Hi,

I've received a Notice to Owner for a 21 contravention on 09/10/23 for parking in a suspended bay on Melville Road, BN3 1TH. It says that due to non-payment within 14 days I now owe the full £70.

I was on holiday from 28/09 to 16/10. Before I left there were no suspended bay signs.

When I returned, my car had been moved to the opposite side of the street. On the windscreen was one single piece of white paper which confirmed the date and time the car had been moved. It didn't refer to a fine or a PCN and there was no yellow ticket. I discarded it because I presumed it was just for my information. In their evidence photos you can see just this on my windscreen.

All but one of their photos show the car after it has been moved. The one photo from before only has the suspended bay sign so faintly in the distance it can't be read.

I understand that I could rightfully be fined for being in a suspended bay while I was away from home - but with no way to know I'd been given a fine, how could I pay it? They seem to lack the proof to prove that I was given a ticket - but maybe I'm wrong.

Any advice on how to appeal appreciated!

Jack

PCN: BH82728030
GP16 MZL

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Main point is that you must not ignore this Notice to Owner.
Your reps will be on the basis that the offence did not occur. Why ? Because when you left the car and went on holiday, there were no suspension signs by or near your car. You also mention that the car had been moved from the position you had left it to a nearby location and no PCN was found on the car only a handwritten note. As no PCN was served the Notice to Owner is therefore a nullity.
Others here will no doubt assist and confirm or alter what I have said. I'm not perfect so read every contribution carefully.

@cp8759 @Incandescent Thanks both for your help - and sorry for missing that photo, not sure how I didn’t see that on the portal.

I flew - have a pdf of the tickets and can take photos of the passport stamps too which I’ll include with my submission.

Drafted the following - anything you’d change?

Best
Jack


I am contesting PCN BH82728030 issued for a code 21 suspended bay violation on Melville Road BN3 1TH on 09/10/23. The offence did not occur.

I was on holiday from 28/09/23, returning 16/10/23 (flight tickets and photos of passport stamps attached as evidence). When I left my vehicle there were no warning signs about the upcoming suspension.

When I returned, my vehicle had been moved to the opposite side of the street. No PCN was attached to the windscreen, only a small white piece of paper detailing the authorised move of my vehicle. Proof of this can be seen in your evidence photos.

As no PCN was served, the Notice to Owner is therefore a nullity.

Thank you for hearing my representation.

@cp8759 Huge thanks, that’s great. Will submit this week and update with the result either way.

A sensible response to a PCN challenge, what a rarity! Maybe I should move back to Brighton...