Free Traffic Legal Advice

I recently received two parking PCNs from Croydon council. I was deciding whether to pay or appeal when I discovered this forum and thought I’d ask for some advice before going ahead.
I parked my car in a road that turned out to have parking restrictions: parking for permit holders or pay and display ticket from machine. I wasn’t aware that this road had any parking restrictions; I couldn’t see any parking restriction signs or machines from my car between the point I turned into the road from the main road and pulling into the space. I looked down the road after getting out of the car to confirm and couldn’t see any signs. I was already under the impression that this road was free to park in and was in a rush to get to work so didn’t think to walk further down the road to check signs.
As it turns out there was a parking restrictions sign only a few bays in front of my car, but the sign was obscured from my perspective by tree branches that were growing beside it.
I parked in the space on Friday morning and ended up leaving my car parked there until Sunday afternoon when I discovered two PCNs on the car. It was only at this point that I walked further up the road and noticed the sign which had, from my earlier perspective, been obscured by branches.
I was wondering if anyone on this forum could help by:
Suggesting whether or not I’d have a case here on the grounds that the signs were obscured, (or on any other grounds for that matter)

Failing that, whether I will have to pay both fines or if it should be treated as a single contravention?


Upon discovering the PCNs, I took photos of the sign from my perspective inside the car and also upon stepping out of the car. If any more photos are needed I’m happy to go back to the spot and take them.

Any help with this would be greatly appreciated!



https://imgur.com/a/meBJ3ar

You parked in a marked-out parking bay, which seems clear from the photos. It is therefore encumbent upon you as a motorist, to look for the sign controlling the conditions for the bay. However, from your narrative, it would seem you didn't look. It is not sufficient if in a parking bay to look from inside the car; if you can't see a sign, then you must look for it on foot.  Sorry if this isn't what you want to hear, but if you get to London Tribunals you'll lose because the sign is there and in good condition.

You should submit reps for the 2nd PCN, because the car was parked for two days and therefore it was a continuus contravention. The law has always accepted that only a single penalty should apply to a single contravention. Mention in your reps the 1st PCN that you have paid. (I assume you're not going to fight this one).

Try this; I have edited it a bit: -

Dear Croydon Council

Re PCN <number> served on <dd/mm/yyyy> at <location>

I deny liability for the above PCN on the basis of the contravention was continuous over 2 days, and that I have now already paid the PCN served for this contravention, (PCN Number <number>.

I unfortunately did not notice the parking restrictions on Chichester road and parked my car there on the 9th, before taking public transport to work and returning two days later. My car received one PCN on the 9th and this second PCN on the 10th.

On further study of the parking arrangements, I accepted that the car was parked in contravention, so immediately paid the first PCN, without submitting any representations. However I am challenging this second one on the grounds that my car was parked there continuously for two days and the matter should therefore be treated as a continuous contravention. I was away for two days without realising that my car was in breach of parking restrictions. I therefore request that this second PCN be cancelled.  I accept that I was in contravention over the 2 day period and will be much more careful in future.

Yours faithfully,

I received a response to my challenge by email today and they have decided not to cancel the second PCN. Here’s their response:

Penalty Charge Notice: CR47017611
Date of Contravention: 10/08/2024
Vehicle Registration Number:  LX56OXC
Nature of Contravention: 12S - Parked in a residents' or shared use parking place or zone without a valid virtual permit or clearly displaying a valid physical permit or voucher or pay and display ticket issued for that place where required, or without payment of the parking charge
 
Thank you for writing to us.
We have carefully considered what you say but we have decided not to cancel your Penalty Charge Notice (PCN).
There is signage in place which explains that the bay you parked in is for people with a resident's permit or for people paying to park by RingGo. The sign also explains how to pay by RingGo.
 
You were issued a PCN because you did not have a resident's permit that was both valid and clearly displayed, and the Civil Enforcement Officer (CEO)'s handheld computer showed no valid period bought by RingGo. Even if you have a permit, you have to display it so that a CEO can see all its details.
 
Please note that it is the driver's responsibility to park correctly and in accordance with the restrictions in place.
 
I am afraid the PCN cannot be withdrawn for your stated reason as there is no statutory exemption that applies for this situation. Therefore, the PCN was correctly issued and remains enforceable.
 
 
You have these choices:
•         You can pay the discount charge of £65.00 if your payment reaches us within 14 days of the date of this letter. If you choose to pay the discounted amount of £65.00 then the matter will be closed and you will have lost the right to appeal to the Environment & Traffic Adjudicators.
•         You can pay £130.00 within 28 days of the date your PCN was issued.
•         The registered keeper can formally challenge the PCN after the Notice to owner (NTO) is issued. The registered keeper will automatically receive the NTO if the PCN has not been paid within 28 days of being issued. The NTO offers the registered keeper the chance to formally challenge the PCN or pay the full £130.00. If the registered keeper decides to formally challenge the PCN, they should wait until the NTO arrives.
How to pay:
•         by phone 0345 3000 614 (24hr) touchtone using a debit or credit card (Visa, MasterCard, Delta, Maestro, Solo and Electron). Please have your PCN number and vehicle registration number to hand.
•         online at www.croydon.gov.uk/transportandstreet and select parking fine payment. Pay using a debit or credit card (Visa, MasterCard, Delta, Maestro, Solo and Electron). Please have your PCN number and vehicle registration number to hand.
•         in person at any Post Office using cash, cheque or debit card (Visa, MasterCard, Delta, Maestro, Solo and Electron). Or by cash only at any outlet displaying the Paypoint Logo. You will need either your PCN or a letter containing your PCN number and barcode. It is very important that you retain your receipt as a record of your payment.


What would be my best course of action here? Is a formal challenge likely to be successful in this case or would it be more likely to end up costing the full £130 instead of £65? Thank you for all advice so far

Is anyone able to advise on the best course of action at this point? Thanks