Free Traffic Legal Advice

My wife parked the car late one night and thought she was in the space. It was dark and the markings are not very clear. It was the last free space in the street, Milner Road in Kingston-upon-Thames. There is a tree that would damage your car if you parked right up againsat the pavement. I smashed the brake light on the same tree a few months ago as I tried to get as close as possible to the kerb. This is the last parking space that people use generally due to this.

We had a PCN issued at 0956 on the 19th January. My wife met another parking attendant passing when she saw the PCN. He said that he would not have issued a ticket and that the person had just started. I have sent through the photos the parking attendant submitted. The one of the rear view of the car appears to show the tyre in line with the back white line. There is no line around the whole space so it is difficult to work out. The one of the front view cannot be said to show anything really.

My wife did an online appeal that day and recived a letter 2 days later, so probably sent within hours of minutes of her appeal, refusing to change the decision, "Not parked correctly within the markings of the bay or space". They make their money from parking fines so we did not expect much really.

The PCN makes reference to the Traffic Management Act 2004 but I got lost trying to find the relevant section in that legislation. I just wanted to see how we were supposed to know the law. Unless it is obvious.

The response letter does not seem to make clear the process to appeal, to whom, nor indeed the timeframe wiothin which to do it. Again if this should be obvious please let me know.

https://imgpile.com/m/sKYSbY8[/img]
https://imgpile.com/p/KZy5K8r#SXlG8VH[/img]
https://imgpile.com/p/KZy5K8r#DD3FmXh[/img]
https://imgpile.com/p/KZy5K8r#teyPMNp[/img]
https://imgpile.com/p/KZy5K8r#iiyNAnZ[/img]
https://imgpile.com/p/KZy5K8r#XEsYSI5[/img]
https://imgpile.com/p/KZy5K8r#alsyuRX[/img]
https://imgpile.com/p/KZy5K8r#C6OQwgF[/img]
https://imgpile.com/p/KZy5K8r#VMuryvF[/img]
https://imgpile.com/p/KZy5K8r#mZKlZC9[/img]
https://imgpile.com/m/T5wuboN[/img]

https://maps.app.goo.gl/8mmCCWSeycjBWL9U7

Hi

I've read the notes and thought I'd done all the right things. I posted the photos using IMGPILE but cannot see them now.

Your challenge:



Their rejection:

Your informal challenge against the PCN served to your car has received the usual Fob-Off letter.

It's very important you, and indeed all residents in the London area,  understand that all London councils game the system ruthlessly to maximise the cash income from PCNs. So virtually ALL informal reps are rejected, Why so ? Because the council know that >95% of people then cough-up to get the discount, not being "au fait" with the minutiae of the regulations and thinking they'll be risking huge sums of money if they take the matter further. Needless to say this is not true. The maximum financial exposure is the PCN penalty, and has been since the original 1991 legislation, (under a Tory government BTW). It is a very lucrative source of cash for them even if most people pay the discounted amount. Have a read here:-
https://www.whatdotheyknow.com/request/kingston_upon_thames_pcn_revenue

Can you please post a GSV link to the exact location. The photos show the bay markings are considerably degraded and worn, such as to make enforcement a mere money-grubbing exercise. Councils have a duty under Regulation 18 of The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 to place and maintain adequate signage announcing the restriction within the Traffic Order to motorists.
https://www.legislation.gov.uk/uksi/1996/2489/regulation/18
Here it appears they have failed in their duty to maintain.