Free Traffic Legal Advice

Hello,

I would be grateful for some expert advice on a PCN I received. The situation is complicated by the fact that the vehicle is a hire car.

The Car:
The car is a rental from Enterprise. It is a replacement paid for by 3rd party insurer while my own is being repaired. I've checked the T&Cs and Enterprise state there is an administration fee of up to £45 for processing fines. They have taken my credit card details for that purpose. Full T&Cs here.

Summary of Events:

• I parked outside 14-15 Bourne Road, N8, on Wednesday, 3rd September around 15:45. The road was busy with other parked cars.
• I did not notice suspension signs on Bourne Road when parking. As I walked from the car home onto Haringey Park (the road adjoining Bourne Road), I did see a yellow suspension sign close to the junction. I checked it, and the restrictions were scheduled 2 days ahead, Friday 5th September. This confirmed my belief that parking was permitted where I was.
• The PCN was issued the next morning, Thursday, 4th September at 08:27.
• When I returned to my car that afternoon around 16:20, there were no suspension signs of any kind on Bourne Road. The council must have removed them after gully cleaning although the suspension was still in effect.

Council Evidence & My Concerns:
The council provided 5 pictures as evidence. In 2 of them, a small yellow sign is visible in the background, behind the car and across the road. The council has also provided a separate, close-up image of a suspension sign (in a tree?). I can state with certainty that they are not the same sign. I have no idea where the sign in the council's close-up photo was located, but it was not the one visible in the distance across the road. Since the signs were removed when I returned to the car, combined with the suspension signs on the next street near the junction, made the restriction impossible to be aware of.

My Goal & Questions:
My goal is to challenge this PCN. However, I want to avoid the £45 admin fee from Enterprise if at all possible.

What is the best strategy to achieve this? Do I have to wait for the PCN to be formally re-issued to me in the post before I can make a formal challenge? Or can I challenge it now, and would a successful early challenge prevent Enterprise from getting involved and charging the fee?

Any advice on the correct procedure would be very appreciated.

PCN (Both sides) here.


Council Evidence Photos:
https://imgur.com/a/pcn-zn1829417a-XFJ3lGX

Google Street View:
https://maps.app.goo.gl/J6x2BAmg8rSAFfRW6

Thank you for your time.

The street is in controlled parking area with "residents permit holders only" parking for 2 hours every working day 10:00 - noon.

I have a resident's parking permit for my main vehicle. For the replacement vehicle which was issued the PCN I buy visitor's parking for the 2 restricted hours. It works and i have not received PCNs when parked days before or today.

Both resident's permit and the visitor's permits are virtual and activated online.

However the PCN was issued at 08:27 well before the resident's parking restrictions start at 10:00. The contravention quoted on the PCN is relating to temporary Trafic Order and not overall resident's only restriction. Did I understand that incorrectly?

Thanks for your reply. It looks like it could have been attached to that tree. However neither the tree nor the sign is visible in any of the council photos of the car or the street. The sign also seems to be not the standard 3 sided one visible from the sign and it maybe why I have missed it. The standard sign from the link in the "PCN spreadsheet" i have found has 3 sides.


I want to make representations that the sign was not clearly visible and not a standard sign. Whether it will succeed or not - I don't know. My questions whether I should challenge the PCN now (within 14 days) directly or wait for the process to go through the rental company (costing admin fee). Any advice on the challenge process and anything else is appreciated.

Understood. What would be the route for the formal challenge? Do I need the PCN to be reissued to me before I challenge? Can I write to the council that I was responsible for the vehicle so they reissue the PCN to me by post? Again - I am trying to avoid the admin fee from the Enterprise rental company.

Unfortunately the hire firm hold the V5C for the vehicle, and you have no role at all until the council refuse your informal reps, you then do not pay, so they send a Notice to Owner to the hire company. What the company do then will be in your hire/lease agreement.  Of course if you pay the discount now, the hire company will not receive anything.  In these matters, it's important to look at your personal financial impact from not paying and waiting for the hire company to get the NtO.