Free Traffic Legal Advice

This is my first time posting here. Currently, the residential area I inhabit is undergoing extensive renovation, encompassing the roof replacement of six buildings, involving the installation of scaffolding.

Naturally, we acknowledge the significance of these improvements to the buildings, and all residents were duly informed of the ongoing construction.

However, a predicament has arisen due to the removal of approximately six out of the 22 parking spaces designated for the three buildings that comprise both ground and first floors. This has posed considerable challenges, given the substantial number of vehicles relying on these parking spots.

I received my initial Penalty Charge Notice (PCN) this morning, with reference number YA08032315. The issue at hand pertains to a truck blocking all available parking spaces, which were already occupied. Given the circumstances, I had no alternative but to park in the nearest available spot, a course of action that several others have also been compelled to undertake. Subsequently, I received a parking ticket after a mere 30 minutes. I contested the ticket once, but it appears the council remains unresponsive and attributes the issue to the ongoing construction activities.

Additionally, I contacted the person in charge at Foster Construction Company, but regrettably, they too have displayed indifference towards the concerns expressed. Many residents are now directing their complaints towards both the construction company and its CEO, who is responsible for issuing such tickets.


Current situation on that day:

https://postimg.cc/gallery/Rn4QgP1

My second PCN, bearing reference number YA0806391A, raises an absurd issue. Parked cars have consistently occupied these spaces for weeks due to the construction work, and no tickets have been issued during this time. Curiously, the report claims that I was parked elsewhere on Staffordshire Gardens, which is on the opposite side of the road.

I have included the PCN numbers on the post are they incorrect?

OP, can you please just post-up the PCNs please. People on here give their time willingly, but there are a lot of other deserving cases to look at without us having to find the website and then key in your PCN numbers. We also need to see the physical forms because fatal errors of content are often found on back or front.

 FWIW, I think you need to all get together and contact your councillors on the problem.

Hello apologies for the delay

No, when we say post the PCN, we're talking about the physical bit of paper you found attached to your car. Please do not redact anything.

The first point we must explain is that, no matter how frustrating it might be, nothing you say in your opening post is a defence in law. Lack of parking (no matter the cause) is never a valid reason for parking where you are not entitled to, no matter how compelling the reasons. Even if parking legally would mean having to walk half an hour back home, as far as the letter of the law is concerned that's just tough.

Really it sounds to me like you should raise the issues with your local councillor, that's their job after all: https://writetothem.com/

Now that we've got that out of the way, let's look at legal grounds to challenge the PCNs.

YA08032315:

These are the CEO's photos:













The location is here https://maps.app.goo.gl/TY8BmNMdYg2VQE1t5 and  the location seems to be Ashley Court rather than Staffordshire Gardens, so that's a basis to challenge that.

Another issue is that that the map tiles (see page 114 referenced below) say it's "Residents permit holders parking place (Petersfield)", but the signs say "Staffordshire".

YA0806391A

This one might be tricker, according to page 114 of the map tiles, there is indeed a waiting restriction at this location.

Photos:











The traffic order is The City of Cambridge (Civil Enforcement Area) (Waiting Restrictions and Street Parking Places) Order 2022.

Post the back of the PCN so that we can look for issues in the small print.

One issue might be that the car appears to be on Amblecote, which obviously is not Staffordshire Gardens, so the argument can be made that the allegation stated on the PCN did not occur (the fact that a contravention might have occurred on a nearby road is irrelevant).

There are off-street parking places very near to where you were parked, but they do not extend to where your car was. For completeness the off-street parking places order is The City of Cambridge (City Homes Off-Street Parking Places) (Consolidation) Order 2023 and the map tiles for that order are here (see page 3).

For now please upload the front of PCN YA08032315, and the back of at least one of them, and I'll draft a representation for both.

Draft representations:


And for the other one:


Of course I'd expect them to reject, but this is just the opening salvo.