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PCN on Private Road: Barnet - 01 Parked in a restricted street during prescribed hours - TRIBUNAL STAGE

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PCN on Private Road: Barnet - 01 Parked in a restricted street during prescribed hours - TRIBUNAL STAGE
on:
#1
Back in June I received a PCN for parking outside my residence on a private road on faded DYLs. This is my preferred parking space and I have been parking there for 9 years now, on a daily basis, and have never received a PCN for doing so.

I initially didn't consult these forums as I wrongly assumed it would be an easy appeal given the PCN was issued on a private road, however, Barnet have now rejected both the informal and formal representations. Attached below is the NoR. I no longer have the initial appeal text (or its rejection) or formal reps, as I've recently moved address and misplaced these (Yes, I've already updated V5C).

I intend to appeal at tribunal based on the fact that parking enforcement is not under Barnet's jurisdiction at this location and that no valid TRO exists at this location. I have done some homework and have attached my findings below. I would be grateful for some expert advice on here on whether these are strong enough grounds for appeal, and if not, what alternative argument I should be making?



Notice of Rejection

https://maps.app.goo.gl/uL2CEbsqSqH3JjRK8
GSV











Barnet Highways Register document showing Bridge Way is a private road.



Barnet FOI reply from March of this year confirming that Bridge Way is a private road.



Barnet map showing no DYL where I was parked. (The pop-up showing the traffic sign does not physically exist at that location)
Last Edit: August 26, 2026, 07:25:25 pm by Londoner
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Re: PCN on Private Road: Barnet - 01 Parked in a restricted street during prescribed hours - TRIBUNAL STAGE
Reply #3 on:
#4
Quote from: stamfordman on August 26, 2026, 10:19:14 pm
Let's see the rest of the rejection letter.

Is it the case that you've given them evidence including their own FOI answer and all they've come back with is that double yellows mean public road?

I would apply for costs.

I did not give Barnet any evidence in my reps. I do not remember the exact wording but I appealed solely on the claim that the contravention couldn't have occured as it was private land. In the formal reps I also asked them to explain why they saw no need to cancel at the informal stage.

I very much would like to apply for costs, but given the lack of evidence attached in my reps I'm not sure I have a strong enough case to make for this.






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Re: PCN on Private Road: Barnet - 01 Parked in a restricted street during prescribed hours - TRIBUNAL STAGE
Reply #4 on:
#5
Have you registered an appeal?

Add procedural impropriety to the grounds of contravention did not occur.

They have not informed you correctly of your rights to have an appeal registered;
They have not informed you correctly of the adjudicator's power to register an appeal submitted late;
They have not informed you correctly of their power to increase the penalty and enforce its payment.

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Re: PCN on Private Road: Barnet - 01 Parked in a restricted street during prescribed hours - TRIBUNAL STAGE
Reply #5 on:
#6
Quote from: tincombe on August 27, 2026, 05:06:09 pm
Have you registered an appeal?

Add procedural impropriety to the grounds of contravention did not occur.

They have not informed you correctly of your rights to have an appeal registered;
They have not informed you correctly of the adjudicator's power to register an appeal submitted late;
They have not informed you correctly of their power to increase the penalty and enforce its payment.

I have not registered the appeal yet.

Do you mind to elaborate on the procedural impropriety in the 3 points you raise? From what I can see these are mentioned in the NoR, but I understand I may not be reading it correctly.
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Re: PCN on Private Road: Barnet - 01 Parked in a restricted street during prescribed hours - TRIBUNAL STAGE
Reply #6 on:
#7
Duties of an enforcement authority to which representations are made under regulation 5
.......

6) If the enforcement authority does not accept the representations, its decision notice—

(a)must—

(i)state that a charge certificate may be served on the recipient unless within the period of 28 days beginning with the date of service of the decision notice—

(aa)the penalty charge is paid, or

(bb)the recipient appeals to an adjudicator against the penalty charge,

(ii)indicate the nature of an adjudicator’s power to award costs, and

(iii)describe the form and manner in which an appeal to an adjudicator must be made,

[which are]:

Appeal to an adjudicator against a decision to reject a recipient’s representations
7.—(1) A recipient may appeal to an adjudicator against an enforcement authority’s decision not to accept their representations.

(2) An appeal under this regulation must be made within—

(a)the period of 28 days beginning with the date of service of the decision notice under regulation 6(4)(b) which states that the enforcement authority does not accept the recipient’s representations, or

(b)such longer period as the adjudicator may allow.[I know they refer to this, but according to them this power starts a day late, see below!).

The law provides the same period for a statutory right to appeal as it does to limit the authority's power to increase the penalty, that is 'the period of 28 BEGINNING on the date of service of the NOR'.

Every time the authority references the 28-day period they get it wrong: they use 28 from the date of service.

Crass.

The NOR is the ONLY official notice which conveys your rights of appeal in detail and it must be absolutely correct on the points which matter.

It isn't.

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Re: PCN on Private Road: Barnet - 01 Parked in a restricted street during prescribed hours - TRIBUNAL STAGE
Reply #8 on:
#9
Quote from: tincombe on August 27, 2026, 05:45:13 pm
Duties of an enforcement authority to which representations are made under regulation 5
.......

6) If the enforcement authority does not accept the representations, its decision notice—

(a)must—

(i)state that a charge certificate may be served on the recipient unless within the period of 28 days beginning with the date of service of the decision notice—

(aa)the penalty charge is paid, or

(bb)the recipient appeals to an adjudicator against the penalty charge,

(ii)indicate the nature of an adjudicator’s power to award costs, and

(iii)describe the form and manner in which an appeal to an adjudicator must be made,

[which are]:

Appeal to an adjudicator against a decision to reject a recipient’s representations
7.—(1) A recipient may appeal to an adjudicator against an enforcement authority’s decision not to accept their representations.

(2) An appeal under this regulation must be made within—

(a)the period of 28 days beginning with the date of service of the decision notice under regulation 6(4)(b) which states that the enforcement authority does not accept the recipient’s representations, or

(b)such longer period as the adjudicator may allow.[I know they refer to this, but according to them this power starts a day late, see below!).

The law provides the same period for a statutory right to appeal as it does to limit the authority's power to increase the penalty, that is 'the period of 28 BEGINNING on the date of service of the NOR'.

Every time the authority references the 28-day period they get it wrong: they use 28 from the date of service.

Crass.

The NOR is the ONLY official notice which conveys your rights of appeal in detail and it must be absolutely correct on the points which matter.

It isn't.



Quote from: Londoner on August 28, 2026, 10:10:17 am
Thank you for this. I shall be adding it to the appeal.
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