Free Traffic Legal Advice

Hoping for some help.

My vehicle was parked outside my home yesterday morning and I received a ticket for parking on yellow lines. My vehicle was reversed directly in front of the electrical substation doors.

Mitigating factors - I have lived here for 3 years and to my knowledge parking enforcement has never taken place; the vehicle was directly outside my home due to lack of parking spaces on the estate (permits are not required); I have frequently parked here in the past.

Potential appeal reasons - incomplete yellow lines?

I'm open to any suggestions for appeal if anyone can help. I'm pretty sure this is council owned land not owned by an association.

There are no posted terms and conditions. No permits are required to park here.

I just added the photo of the sign at the entrance to the estate; 'Private Estate'.

I agree. 'Croxted Road Estate' is the description the council apply to the whole estate. Residents use road names. I've always found it a bit bizarre - is it an estate with parking or are they roads? I have seen people clamped for no tax which would suggest the roads are adopted highway. But then there are signs saying private estate!

Regarding the V5 - I bought the car at the end of March and I am yet to receive it. How would this affect any appeal?

Should I wait to see if I receive an NtO before I appeal?

Hows this?

RE PCN JK…

I would like to challenge the PCN issued to my vehicle on the following basis:

I would like to question the legitimacy of the PCN:

The PCN has been issued to a location named as ‘Outside Car Park - Croxted Road Estate’. At the entrance to the estate there is a sign that reads ‘Private Estate - No thoroughfare (please see photo attached). There is no other signage.

If this land is private, then I would like to question whether a Civil Enforcement Officer has the authority to issue a ticket.

Furthermore, if this land is a car park, the Parking Code of Practice states that operators must ensure signs are clear, unambiguous, and prominently displayed, detailing parking charges, terms and conditions, and any limitations. There are no signs displaying this information.

There is no signage that states ‘Croxted Road Estate’ therefore the description of the location on the PCN is vague.

If instead of being a car park this land forms part of a highway and the alleged offence enforced under a Road Traffic Act/Order, then the location given is incorrect. In addition code 81 would be an incorrect code to use for the alleged offence (as this relates to off-street car parks/housing estates and not highways).


I would also like to raise the following mitigating factors:

   The vehicle was parked directly outside of my home. I have parked here on numerous occasions over the past 3 years and have not received a PCN, nor have I seen a Civil Enforcement Officer, nor been given any advice/guidance around parking.
   On the morning in question there was no parking available in marked bays. As a service charge payer to Southwark Council I expect to be able to park on the estate where I live. You will be aware that there are no permits required to park on the estate, which is a choice made by the council resulting in lack of parking for genuine residents.
   The yellow lines around the estate are broken and faded (see attached photos). This suggests that they are no longer compliant or required to be observed.
   I would also draw your attention to the fact that the vehicle is parked in front of an electrical substation - this is not impeding access to any of the garages to the left and therefore the sign ‘No parking in front of garages’ has been complied with.


Given the reasons I have outlined above, I would kindly ask that you cancel this PCN. In addition, as I have recently taken ownership of this vehicle and I have not yet received the V5C, please ensure that any replies, the Notice to Owner or any other correspondence is sent to the correct address as follows:  .. Glazebrook Close, Se21

For the reasons in my earlier post, I would delete the penultimate paragraph.

  I would also draw your attention to the fact that the vehicle is parked in front of an electrical substation - this is not impeding access to any of the garages to the left and therefore the sign ‘No parking in front of garages’ has been complied with.

I would also switch round and adjust these paragraphs so that they read

 

The vehicle was parked directly outside of my home. I have parked here on numerous occasions over the past 3 years and have not received a PCN, nor have I seen a Civil Enforcement Officer, nor been given any advice/guidance around parking. This gives rise to 'Legitimate expectation' as ground for cancelling this PCN.

I would also like to raise the following factors:

See what others say.

Appeal submitted. Will update with the result.