Free Traffic Legal Advice

Hi all, hope you're well. I suspect the answer to this is "should have read the sign, unlucky", but a couple of things I want to clarify as it's the first time I've had a PCN by post. If I have to pay it, then so be it, but I suspect we could have another one coming as I waited there on Monday for about 5 minutes whilst my wife went into the shop.

• Date was 13th August. I don't contest this - I know we parked there within the last few weeks.
• It has date of posting, name of authority, reg, amount, how to pay, 21 days, appeal info. So this is all fine according to what MSE says is required.
• Date noticed is served is tomorrow (29th), is this valid as its deemed served in the future? Or is that normal and it's just down to circumstance when you receive it in the mail?
• It doesn't say "why" it was served by post. I've attached the document, in case I've misread it, but it just says the photo was taken on an approved device, not why it was, which MSE says is required. Is this grounds for appeal?
• We have parked here a couple of times before, no problem at all, as have many others, with no problems. The bay after the bus stop is clearly marked "loading only" on the road, and we never go there. However, it appears on the sign each bay is 30 mins (before bus stop) or loading (after) during the day, only taxis in the night. Are the road markings not saying "taxis", or saying "loading only" when it isn't only loading grounds for appeal?
• Given the above, I'm not sure if the taxis thing is new. Yes, that's on me for not looking properly, but I cannot go back in time to prove a negative and say what the sign said then. It seems a bit confusing and the burden of proof is on them to show everything was clear at the time?
• Up the street, parking is very dangerous and almost at a right angle to the kerb, can the fact they do nothing about that and I was parked safely be used? I suspect this would be deemed a frivelous argument and no.

Thanks for any advice.

You've blanked the PCN details - VRM and PCN number.

What are they so we can look at the evidence.

I suspect this is a drive by CCTV on a no stopping taxi rank.

I assumed they would both produce personal details if searched online, so blocked them just in case. Here's the PCN "WJ31026637" and reg "CP18KPF".

I agree - going by the photos getting closer and the angle, it's almost certainly a camera car. They go around our area quite reguarly.

Going round in sneaky little vans was abolished in England, but not in Wales. So be careful who you vote for there. Current mob (you know who !) have been there since devolution 27 years ago.

Interesting, didn’t know that. They are about as subtle as a sledgehammer here, with the camera on top.

Does that influence my couple of questions, or more just something to be aware of?

Hi mate, nope that’s further up the road opposite where I mentioned the parking is regularly dangerous (flip the street view around and you’ll see it). It’s here, before the bus stop, outside “rainbows”.

https://maps.app.goo.gl/14oDrafdN3sfzVp58

The second bay after the bus stop (by Sainsbury’s) is the one I mention is loading only and has road markings.

I cannot see a web code, but here’s what seems similar :

“Parked on a taxi rank Code 45J”
“Representations can be made online at parking.swansea.gov.uk by using the following PIN code: 383EE049”.

I hope this is of help?

Yes it looks properly marked and signed.

Note that no stopping means just that - you can't stop for a second to alight someone during the no stopping hours.

I can't get the PCN number, VRM and PIN code to work - are they all correct?

Yep they should be, are you trying to get to it via URL above > challenge a PCN > start formal rep > then enter the 3 details on this page https://parking.swansea.gov.uk/Pages/OnlineReferenceEntry.aspx?loadtype=FORMAL

If so, I've put the 3 details in and its worked - took me to a page with 3 photos and 1 video, all pointed quite low, clearly from a CCTV car as you said.

Notice number = WJ31026637
Reg = CP18KPF
Pin = 383EE049

If I do look bang to rights, then fair enough. But do you know what the Money Saving Expert site is referring to when it says they have to say why it was served by post? That would be my only outstanding question I guess.

Looks bang to rights and they can serve these by post. In London most major bus stops and school zig-zags are covered by fixed CCTV in the same way, as are red routes.

I would say though that these drive-bys can't show for sure a car wasn't in motion but if it looks stopped that's probably enough for the tribunal.

See is anyone else has anything.

Thanks for helping looking into this even though I'm gonna have to cough up, appreciate it. There's no way I could argue we were moving - my wife pulled in there as we know that bay is OK (just didnt know daytime only) and to let me out somewhere safe as I've recently had surgery on both hands.

The thing I mentioned says this "Why the Penalty Charge Notice has been served by post – for example, due to CCTV evidence, because a driver prevented an officer from giving a ticket, or because the driver sped away before the ticket could be stuck to their car.". So although they are allowed to serve by post like you said, do they have to give the reason?

Regulation 10 of parking legislation in England allows service by post "on the basis of a record produced by an approved device, the authority has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area".

The various legislation at the top of your PCN will set out the position in Wales no doubt.

Fair enough, thanks for confirming. I'll see if anyone has any other advice, otherwise cough up next week.