Free Traffic Legal Advice

The London Borough of Hounslow (Hounslow Town Centre South) (Parking Places) Order 2023, see page 49.

Bumping thia for Sonurocks.

Hello,

Have received NTO.

Please see below:

https://ibb.co/xXLNmJ4

Thank you!

plz upload all pages/sides of all documents

Please share your thoughts if I have any case here?

Thank you. So do I appeal or just request for the discount?

Thank you. Should I just appeal on the basis of sch 2 para 2 or should I also include the previous arguments the driver had mentioned in the representation?

Please let me know if the below draft is ok to be sent:

Dear Sirs,

I would like to appeal the penalty charge served upon me.

The council has allowed parking on both sides of the road just a few meters ahead of where the car was parked. To any layman it would appear or make sense to follow the line and length of the car parked ahead as the road is as narrow and there is an underground car parking opposite the DYLs, the space is very narrow and the chances of hitting the parked car are high if not parked on the pathway.

A pathway is where a pedestrian can walk safely and if the safety has been compromised by leaving a very narrow space where the houses are, and the pedestrian footfall is high there then it doesn't make sense to allow PCN where there is a lot of space on the footpath just behind the marked spaces where there is a car park just opposite where a car coming from the opposite direction cannot turn.
So technically either the restriction of DYLs should be completely removed (had there been no DYLs restrictions sign, the driver wouldn’t have parked the car and the Penalty wouldn’t have arisen) or the TMO should allow the parking on the curb throughout the road considering there is an underground car park opposite to the DYLs where there are high chances of an accident whilst the car coming from the car park is manoeuvring.
In addition, the wording of the PCN in terms of the 28 days period is wrong since it does not comply with Schedule 2 para.2 @https://www.legislation.gov.uk/uksi/2022/71/schedule/2 (d)that the penalty charge must be paid within the period of 28 days beginning with the date on which the alleged contravention occurred.

In light of this procedural impropriety please cancel the PCN.
Also, I would like to request a Traffic Management Order for the road In case of an unsuccessful appeal.

Yours sincerely,

You've seen the TMO (obtained and posted earlier by cp) and I referred to it in my last posts. Parking on the footway in parking places is permitted because this is the manner of standing prescribed in the order. There is no footway parking resolution.

IMO, the tone of your reps is wrong. Your argument is that as the cars immediately ahead were parked on the footway then you assumed this applied to where you were as the contextual factors were the same e.g. narrow road etc. However, it appears your assumption was incorrect. However, you would ask the authority to exercise discretion on this occasion.*

It has also been brought to your attention that there is a regulatory flaw in the PCN i.e. ********* which you believe constitutes what is referred to in the NTO grounds as a procedural impropriety.


*- sometimes I suggest that owners add 'and as I have an unblemished parking record in the borough' ....but as you have another current footway parking thread I'm inclined to think that you might have had previous run-ins with the authority. Only you know.