Free Traffic Legal Advice

I left my car and returned to find a PCN for parking in an electric vehicle bay. At this point I looked at the front of the bay and saw an EV charging point and a different traffic sign i.e. EV charging only. Presumably the council consider that some part of the parking place is subject to the EV sign while at the same time some part is reserved to residents. Exactly how a motorist is supposed to know this without the presence of prescribed road markings, as can be found in the Highway Code, is a mystery. It is also improper, confusing and non-compliant with their regulatory duties (Local Authorities' Traffic Order Regulations etc.). I am challenging the vehicle removal and PCN on the basis that the car was parked in a parking place with two different traffic signs which is not in accordance with traffic signs guidance. There are no markings between the bays of different use and no signs at the divider. There are two different traffic signs, one at either end these being EV and Resident Permit holders and the bays were not clearly marked by a pair of parallel dashed lines.
I drove into Moselle Avenue N22 where I saw a parking place on my right with a resident permit holder sign. I pulled in approx. half way along the parking place. I had a valid visitor permit for 1hr from approx 11am to 12pm.

The PCN must be revoked and all payments returned.

Also, my vehicle was damaged by the recovery truck and I will be invoicing Haringey for damages separately.

When and how did you make reps?

There is a 56-day limit which applies to councils therefore if a response has not been sent your reps are deemed accepted:

If the representations—

(a)are made in accordance with regulation 11(3), and

(b)are not disregarded by the enforcement authority under paragraph (2),

the authority must, within the period of 56 days beginning with the date on which the enforcement authority receives the representations (“the 56-day period”), comply with the requirements specified in paragraph (4).

(4) The requirements are that the enforcement authority must—

(a)consider the representations and any supporting evidence which R provides, and

(b)serve on R a notice of its decision (a “decision notice”)....

Today is 13 Oct, therefore beyond the 56-day limit if your reps were made correctly and no later than 18 Aug. Yours were made on or after 18th, therefore the period has not yet expired.

Show us your reps and describe how and when made and whether you received an acknowledgement email and we'll tell you when the period has expired.

Looks like you are about to get a rejection letter.

Could be out of time.

But don't send things by post always do online if possible.

NOR issued 29 October therefore deemed served Fri. 31st. Also, whether your reps were in time or not or even formatted correctly or not is irrelevant because the authority did not disregard them. But when they were made is critical as regards the 56-day limit.

It therefore follows that the only issue at large is when your reps were made.

As far as I can see, we don't know.*

OP, can you prove that you made reps no later than 5 Sept? Pl tell us how. All we've got from you is 'Hi all so looking at this again we sent the reps by post back at the end of August I found a copy of it and addressed it to the address on the order'.

*- The PCN History from their website recovered by stamfordman doesn't refer to when reps were received.

Let's see the letter. I hope it's dated. While no proof of posting it's something.

Hi all

Please find what we sent

https://drive.google.com/file/d/1ryPvk1e4oKBJa0Wdl-Ika0zX0my6I8em/view?usp=sharing
https://drive.google.com/file/d/1Fkw6IX9_N4IOjo9lNli0oBb39t6ewdTq/view?usp=sharing
https://drive.google.com/file/d/1M2Vf9TXRBwwQDrDZ4sIn90deHB1sIx04/view?usp=sharing

Hope this can help.

I would still get back to the council.

Email..
PCN ******
Thank you for your NOR dated ****.

Would you please confirm when you received my formal representations as this is omitted in the NOR.

Regards