Free Traffic Legal Advice

Dear Friends,

I received this parking ticket this afternoon unaware of the special enforcement area, and I wish to contest it as per the following:

- Road was fully covered in leaves, making it impossible to see the line markings
- no other signs were visible around the road
- when I kicked away the leaves at the back of the car, I can clearly see the end of the double yellow line
- the back wheel of the car and the front wheel of the car are not in my opinion overlapping the drop kerb

It's not 24hrs yet, so I haven't been able to see the council pictures yet.

I would really appreciate some help to draft an appeal against this and whether the points I've raised above will work in the appeal.

Here is the PCN:
Here is a photo I took, showing the state of the leaves and where I saw the yellow line had ended:
Here is a photo showing where I feel I am not overlapping the drop kerb:
Here is the Google Street View Link: https://maps.app.goo.gl/tcp2SApgquuDsCpS8

It's strange that Street View shows the road has double yellow line, when I definitely could see the line was stopped.

Many thanks in advance for your help on this.

Best Regards,

CoS

The double-yellow line is nothing to do with the contravention on your PCN. The PCN is for parking adjacent to a dropped kerb. However, councils seem to believe that this includes the sloping kerbstones at each end of the dropped section; it doesn't, and many appeals have been won on this point.  The problem is you took photos assuming it was all about the yellow lines. We need to see your car in relation to the dropped kerb.  I expect the council photos will show your position, so we await to see them.

To me that looks to be merely adjacent to the sloping part. Not a contravention if so.

Equally if it is a contravention it is very marginal, likely to my view in the realms of de minimus.

The likelihood is the housholder rang up to whinge. Council send a CEO who appeases.

You may want to have a search both her and on pepipoo for an informal challenge to adapt.

Cross reference the photo to google maps may make it more obvious.

OK, so here is GSV looking at the house and dropped kerb to driveway you allegedly contravened: -
https://maps.app.goo.gl/73eKVUjqjo97bqK99
You can just about make out the end of the low wall in front of the property. if you then extrapolate at right angles from that to the kerb line, you get to the low end of the prominent sloping kerb stone. Comparing the council photo with GSV leads me to conclude that there was no contravention, as your car was only adjacent to the sloping kerbstone.

Do note, however, that you may well have to take the council to London Tribunals for an unbiased opinion. But first to get there, you must first submit representations to the council. You can submit two lots, one informal against the PCN, and a second, formal representation against the Notice to Owner, which you have yet to receive. ONce rejected at NtO stage, you can then appeal to London Tribunals, but not before then.

So, statutory ground of "the contravention did not occur".

Quote from: Pastmybest on November 06, 2023, 05:37:05 pm

No way is this a contravention you can see the wall and gatepost on the 4th council photo and you are on the edge of the sloping kerb at worst, and while councils like to think the slopping keb counts the law says it does not

What he said.
I suspect this is one where the resident complained and the cEO put on a PCN rather then argue.

+1
What CEO wants to argue with an irate resident !

Hi everyone,

I got another letter today, raising the fine:







My guess is that it's automated and no one has checked that I made an informal challenge? If so, can I tick "procedural impropriety"? I have the email reply proof that they received my challenge form, as well as the PDF export of the whole challenge.

Or should I just ignore this?
The response to the informal challenge should be received in 2 weeks, while this increased fine needs to be paid in 4 weeks.

Your advice is always appreciated!

Best Regards,

CoS

Hi All,

1 - this is the text that I put in the challenge:




2.  Date of deemed service of the NtO is two working days counting today as one, so I make it next Wednesday. - Apologies, I am confused what this means. I recieved this Notice To Owner as posted above on 23rd Dec. It states that I have 28 days to pay the higher fine, or make representations.
I had already previously made the informal challenge, which I am still waiting on the response.

3. No rejection letter has been sent yet.

4. I honestly don't want to go through the trouble of tribunal - if this is the only route at this stage, I might accept it and pay the fine. If you can let me know, either way.

Many thanks for your support,

CoS

Many thanks for the advice. I have sent online challenge again today with the same explanation, and also sent the same via post today.
I have included the fact that I already sent representations on Nov 7th to the original PCN and that I am also sending via post.