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The rule about this is whether there is public access not whether the area is private.

But legitimate expectation is also a factor if they're enforcing when not for some time before.

Did you challenge the PCN as you have an NTO. If so post your challenge and their rejection.

The old argument about if it public or private.
If members of the public have access to walk across the land where your bike is parked the council can give you a pcn, but if it was fenced or posts with a chain it is classed as private land .
A case in my local area which went to the traffic penalty tribunal was decided in favour of the council.
The appelent used to park his bike on the pavement outside his house and he produced land registry documents to show his cellar went under the pavement so he was actually parked on top of his cellar (his land ) but the adjudicator came to the judgement that even though he owned the cellar under the pavement, the council maintained and the public had access to walk across the land .

The old argument about if it public or private.
If members of the public have access to walk across the land where your bike is parked the council can give you a pcn, but if it was fenced or posts with a chain it is classed as private land .
A case in my local area which went to the traffic penalty tribunal was decided in favour of the council.
The appelent used to park his bike on the pavement outside his house and he produced land registry documents to show his cellar went under the pavement so he was actually parked on top of his cellar (his land ) but the adjudicator came to the judgement that even though he owned the cellar under the pavement, the council maintained and the public had access to walk across the land .

Yeah, I just reviewd the case you're talking about. Indeed there are similarities with my case. Bottom line is if you see my illustrated photo, my scooter was parked next to my bin shed which it doesnt not restrict right of passage in anyway...

Hackney has started charging for m/c parking so this may have something to do with it.

You have an excellent case for legitimate expectation added to stating it's off the public access area as who wants to root around your bins apart from the local foxes.

Hackney has started charging for m/c parking so this may have something to do with it.

You have an excellent case for legitimate expectation added to stating it's off the public access area as who wants to root around your bins apart from the local foxes.

Dear Hackney Council,

I am writing to formally appeal the Penalty Charge Notice issued for parking my scooter outside my block at Dunn Street, E8 2DG. I believe the PCN has been erroneously issued, and I would like to present the following points for your consideration:

1. Legitimacy of the Parking Location
 For over 10 years, I have parked my scooter in this specific spot without any prior issues or notices. This long-standing practice has established a legitimate expectation that parking in this location is acceptable. The site in question is clearly part of my building’s property and is not on the public footpath.


2. Private Property and Demarcation from Public Footpath
 The area where my motorcycle was parked is distinctly separate from the public footpath; the pavement type and color change at the boundary between the two. My vehicle was parked on the side of the property that falls within the private grounds, next to my bin shed. With a fence on one side and the bin shed adjacent, there is no free passage for the public at that precise spot. As such, it is difficult to understand how parking here could be construed as restricting public access.

3. Inconsistent Enforcement
 On the day in question, two scooters belonging to me were parked on the same private pavement belonging to my building. Only one of the scooters received a PCN, even though they were both parked on private property—albeit on opposite sides of the bin shed. This inconsistent enforcement further raises concerns about the justification for issuing the PCN.

4. No Obstruction of Public Access:
The area in question is inherently restricted by a fence and bin shed, rendering it inaccessible for public passage. Parking my scooter here did not impede any “habitual or free passage” by the public, as there is no rationale for pedestrian access to this secluded spot—save local foxes rummaging near the bins.
In light of the above reasons, I respectfully request a review of this matter and cancellation of the PCN. I believe that a thorough reassessment of the facts will confirm that my parking location, being part of private property and not interfering with public access, does not warrant a penalty.
Thank you for your time and prompt attention to this appeal. I look forward to your favorable response.

Yours sincerely,