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The alleged contravention is that the car was parked close to the end of the road before the junction. The road is raised slightly, but there is no signage, e.g. double yellow lines to indicate that you cannot wait there.

I appealed the PCN stating the above, with pictures of carriageways where there are clearly marked double yellow lines and the reply I received was that “current legislation does not state that signs or markings are required to notify drivers that parking is not permitted at such locations.”

I then argued that according to the Traffic Management Act 2004, Section 86, the fourth exception entails, “(a) the vehicle is being used for the purposes of delivering goods to, or collecting goods from, any premises, or is being loaded from or unloaded to any premises, (b) the delivery, collection, loading or unloading cannot reasonably be carried out in relation to those premises without the vehicle being parked as mentioned in subsection (1), and (c) the vehicle is so parked for no longer than is necessary and for no more than 20 minutes.“ I then asked for evidence that this was indeed breached.

I have now received a NTO, with the discount no longer being applied.

I would appreciate any advice on this matter.

Thank you.

To post the images, you'll need to use a hosting site, then post a link. Also read this please: -
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
And update your post accordingly.

PCN letter

Image 1 of alleged contravention

Image 2 of alleged contravention

PCN Letter updated to include PCN and VRM

What is the PCN number and car VRM.

Looks like Google Maps too old to show location as is - are you anywhere near or going back.

The carriageway has to be raised for a specific purpose in order for the PCN to be valid. I'm not sure this is, but others may be more certain. As you now have the NtO, it is a no-brainer to submit representations and if refused and no re-offer of the discount, take them to London Tribunals.

So wait for others to comment but don't miss the deadline to submit reps or you'll lose the option to take them to the adjudicators.

When you say submit representations, do you mean appeal? Thank you

Quote from: Incandescent on September 23, 2024, 04:54:10 pm

The carriageway has to be raised for a specific purpose in order for the PCN to be valid. I'm not sure this is, but others may be more certain. As you now have the NtO, it is a no-brainer to submit representations and if refused and no re-offer of the discount, take them to London Tribunals.

So wait for others to comment but don't miss the deadline to submit reps or you'll lose the option to take them to the adjudicators.

When you say submit representations, do you mean appeal? Thank you

Appeals are what are dealt with at the adjudicators, you submit representations to councils.

These are all the council's pics. This is just a junction speed table and there is no evidence that there is a marked pedestrian crossing point, which would be the only reason they could enforce this contravention. No tactile paving for example.

Now we've had trouble with these speed tables before but I don't think an adjudicator would see this as a clear contravention from those pics.

Would you advise me to respond to the Council?

Dear Sirs

Re PCN <number> dated <dd/mm/yyyy> served at <street name>

I deny liability for payment of the above PCN on the basis that the raised section of carriageway has been installed solely as a traffic calming measure, and not for any of the statutory reasons that would support council enforcement under the Traffic Management Act 2004.

Yours faithfully

Thank you for this. I have attached a letter and emailed it to the provided email address.