Free Traffic Legal Advice

Hi all. Today I parked on off street parking and focused on the side markings making sure I was as close to the curb as possible, trying to squeeze between front and back parked cars, I returned within paid time to get a ticket for not parking correctly. Soon after I realized that was to do with the horizontal boarder and I seemed to be between 2 spaces. I had a baby on the front seat and trying to avoid the post to the left was sort of juggling how to park to have access to the boot to get my baby’s buggy. Either way, it was not my intention to take 2 spaces for sure,is there a chance to appeal for markings not being clear? Or any other valid reasons?

https://imgur.com/a/wJmYEk9

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https://maps.app.goo.gl/grw5RjAT2fFSyLY67

This is 26 The Bittoms, Kingston upon Thames. My car is parked next to the post.

I would challenge asking for discretion as the primary point but there are cases allowed at the tribunal on no signage about parking within bay markings being present so you could put them on notice about this and we can look at the traffic order..

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Case reference 2240374029
Appellant Neel Bacheta
Authority London Borough of Havering
VRM N333ELB

PCN Details
PCN HG21326104
Contravention date 13 Nov 2023
Contravention time 18:04:00
Contravention location High Street
Penalty amount GBP 80.00
Contravention Not parked correctly within markings of bay/space

Referral date -

Decision Date 13 Nov 2024
Adjudicator Alastair Mcfarlane
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice and the Notice to Owner.
Reasons This case comes before me following the making of a witness statement and I therefore consider the merits afresh.
The Council's case is that the Appellant's vehicle was not parked correctly within the markings of the bay in Romford High Street on 13 November 2023. A penalty charge notice was issued at 1804.
The Appellant states that there was no error with his parking and that he did park within the bay provided and explained the difficulties were caused by a lorry in front of him and a car behind him. He refers to front tyre being out of the bay.
The Council rely upon the evidence of its civil enforcement officer. Whilst these are dark, it can be seen that the entire front wheel of the Appellant's vehicle is within the adjacent loading only bay.
However there is no evidence before me any condition to park fully within the bay has been communicated to the motorist. The Council describe the bay as a parking bay and that the vehicle was straddling into a loading bay. However it is a requirement for delegated legislation that the obligation to park fully within the bay must be communicated.
As there is no evidence before me as to how this was done for the bay in question, the appeal must be allowed.

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Case reference   2240567623
Appellant   Sabah Sirajuddin
Authority   London Borough of Bromley
VRM   LX70GDY
   
PCN Details
PCN   BY24142851
Contravention date   04 Aug 2024
Contravention time   16:45:00
Contravention location   Elmfield Road
Penalty amount   GBP 80.00
Contravention   Not parked correctly within markings of bay/space
   
Referral date   -
   
Decision Date   12 Feb 2025
Adjudicator   Edward Houghton
Appeal decision   Appeal allowed
Direction   cancel the Penalty Charge Notice and the Notice to Owner.
Reasons   I heard this appeal by telephone speaking to the driver Mr Rafique.
His case is essentially that he parked in good faith and that there was no notice requiring him to park within the bay markings.
It is certainly, in my view, common sense that if a parking place is divided into parking places by white lines within the bay the motorist is expected to park within those lines. What else, after all, are they there to indicate? However the issue is whether the lines of themselves indicate that they are there not merely for guidance but that it is a legal requirement that vehicles park within them. Although it is not uncommon it is (and I speak from experience) by no means universally the case that Traffic Management Orders create such a legal requirement and it seems to me the motorist is entitled to be put on notice in a case where the particular TMO imposes such a requirement. In the circumstances I am not satisfied that it can be said the restriction relied on was sufficiently clearly indicated and the Appel is therefore allowed.

You don't need to cite cases at this stage.

Draft something on the circumstances of your parking (parking with baby, access to buggy etc), and kindly ask for discretion in this case. Post here first.

But add:

I would appreciate it if you would also direct me to signage that would have alerted me to the contravention as I don't think there is any at this location.

Hi stamdordman, please could you have a look at what I drafted and advise further? Thanks

I think playing the baby card is your best bet.
How old is baby?
Did you pay to park?

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I am challenging the PCN because I parked in good faith of the parking conditions and had to park so I could get my young baby out of the front passenger’s side door and could not do so without avoiding an upright post on the footway.

Although I was not aware of being in any contravention, I could not have left my baby on the pavement while I attempted to repark the car!

I feel sure you will give consideration to the needs of my baby and wish to make two points.

1. When I parked, there were cars positioned both in front and behind me, which significantly limited visibility of bay markings and space to manoeuvre. These cars had left by the time the photographs were taken at 14:42, creating a misleading impression of how the vehicle was positioned at the time of parking.

Moreover, the bay markings in the provided photos are not clearly visible, suggesting that the lines may have been either very worn or not present at all in certain areas. This made it even more difficult to assess the exact boundaries when parking.

2. As the parent of a small baby, who was seated in a rear-facing car seat on the front passenger side. I was aware there was a post near the front passenger door, which made it difficult to open the door fully. I needed to allow sufficient space to safely remove the car seat and take my baby out of the vehicle. I also required clear rear access to retrieve the buggy from the boot. These considerations impacted the exact positioning of the car, and I did my best to park safely and responsibly within the conditions presented.

I also make the point that there are no instructions at the roadside about parking in bay markings. 

I respectfully request that this penalty charge be cancelled and thank you for your understanding.

I almost forgot, I got back to this off street parking and I noticed the markings are very strange that is for sure. As you can see from the evidence, my front wheel is between two lines, that makes the bay either too short or too long. This style continues on the entire stretch of this location as I parked there again this week. It does look very confusing, not sure why they do not renew those markings…

Yes, exactly the extra line / which is not that obvious for others.

On the other hand, there is a limit of symbols for appeal, I can see my notes are a bit lengthy - far too many symbols. What do I do?