Free Traffic Legal Advice

On Sunday Dec 10th I parked my car in the lay-by across the road from where I live, a few minutes after I parked it I returned to pick up my mobile phone as I had left it in the car. Everything was as normal and I did not see any new restrictions, markings or signs warning that markings were going to be placed. There were no parking restrictions in the lay-by at the time a parked.
On Tuesday Dec 12, around 17:30 I went to use the car and noticed a ticket on it as I approached. I thought it strange, as there are no restrictions. As I got to the car I saw that it was in a brand new designated parking bay:



You can see where they cleaned the leaves away to paint the lines, leaving the ones under my car. This is more obvious in the picture I took after I had moved my car:




Here is the PCN:




I appealed that evening, on the grounds that the bay was not there when I parked:



This was rejected on 03/01/24:



I had already emailed the disabled parking service at Enfield to ask when the bay was painted but they had not answered so I put in an official FOI request which was responded to on 08/01/24, they gave a date that the bay was marked out on either the 5/12/23 or 6/12/23 with no proof from the contractor or supporting photographs and also stated that the legal work has not been completed yet for the traffic notice:





I phoned parking services to try and get the PCN cancelled, they said I should submit further evidence via the notifications web site, which I did on the same day, I uploaded a pdf of the FOI reply stating the bay was not yet designated:




After some advice I also emailed parking services the following on 10/01/24:



Today (25/01/24) I received another letter which makes it sound like they have paid no attention to my second lot of evidence:



Again, I submitted the FOI reply as further evidence via the notifications web site:



I'm not sure what to do next, I think the violation is the wrong one as, being a designated bay, there is no need to display a blue badge because it is tied to a specific vehicle, the disabled person's car is always now parked in the bay and they do not have a blue badge on display. Also, as you can see from the first photos, how blind would you have to be to not notice the disabled bay when getting out of the car and then returning a few minutes later. They definitely painted it around my car!

• What should I do next?
• Is there any point submitting more via the web site or no I have to wait for the Notice to Owner before appealing again?
• How ridiculous is this!!

Many thanks in advice.

Here is the Google street view, coincidently showing my car in almost the exact same position in Sept 22!
https://maps.app.goo.gl/jnCowEQ6QMyFi1nu8

Thanks @Passmybest


Also, just gone onto the Enfield Traffic Web site and the bay is not showing up...

https://enfield.traffweb.app/traffweb/1/TrafficOrders

I’ll try and get one with the date/time in.

Unfortunately a screenshot of the tarffweb website isn't worth much, it's the underlying traffic order that counts. If there is any discrepancy between the website and the traffic order, the traffic order prevails.

I have therefore ordered the traffic order from the council, if the answer comes back that it doesn't exist then that's grounds to get costs at the tribunal.

Thanks CP!

In the FOI request they have already said that no traffic order is in place:

"Q3. Can you also please tel me on what date this bay was formaly commissioned and supply me with the legal notice for this bay.
A. The legal work for this bay is yet to be carried out, once the documents have been prepared for this bay along with others they will be advertised in the Enfield Independent, the London Gazette and on the Council's website."

Ta!

They sent me another letter, dated 05/02/24, saying that the parking contractor has advised me that no grounds have been found to waive the PCN. Exact same wording as the one sent on 25/01/24, dated 22/01/24.

I've emailed enfield.enquires@nslservices.co.uk again, telling them the PCN is invalid as the legal work for the bay has not been completed. I attached the FOI reply and also a screen shot of the Traffic Web Ap site. I also said I will be applying for costs if they keep on with these unwarranted requests for money.

I guess they ignore all of this until the NtO is issued, wish they would hurry up and issue it so I can get on with telling them officially to FO!

They sent me another letter, dated 05/02/24, saying that the parking contractor has advised me that no grounds have been found to waive the PCN. Exact same wording as the one sent on 25/01/24, dated 22/01/24.

I've emailed enfield.enquires@nslservices.co.uk again, telling them the PCN is invalid as the legal work for the bay has not been completed. I attached the FOI reply and also a screen shot of the Traffic Web Ap site. I also said I will be applying for costs if they keep on with these unwarranted requests for money.

I guess they ignore all of this until the NtO is issued, wish they would hurry up and issue it so I can get on with telling them officially to FO!

Stop sending pointless letters just wait for the NTO

The legal maximum is 6 months but the statutory guidance of the secretary of state says there should be a good reason for it to be that long and they should be sent within 8 weeks (56 days).

I wouldn't fret about it. I wonder if the council have quietly realised the error, put your PCN on hold and will let it time out. One reason for my thought is that the balance on line is still £65

Just go online on the Enfield Council website and deny the contravention on the grounds that the traffic order was not in place on the day in question and that the bay was painted around your car. Short & simple.