Free Traffic Legal Advice

Hi,

I need a bit of assistance. I received the attached PCN because I didn't pay proper attention to the sign. I did glance at it, parked my car, and then bought a ticket through Ringo (I'm not sure why the app allowed me to make a purchase if parking was unavailable at the time).

I returned to my vehicle an hour later and found a ticket. I've lodged an appeal as if the officer had allowed the full 10-minute grace period, I would have already been back at my car by that time.

Here is my appeal:

Dear Sir/Madam,

Re: Parking Charge Notice Number: QT07768431

I am writing to challenge the above-mentioned Parking Charge Notice (PCN) issued against my vehicle with registration number WR64 YWP on the 28th of June 2023 at Portsmouth Road.

The primary basis for my challenge lies in the insufficient observation period that was granted in my case. According to the British Parking Association’s Code of Practice, there is a minimum grace period of 10 minutes allowed for drivers to consider the terms and conditions within a parking area and to decide whether to stay or go. My vehicle was observed only between 9:53 am and 9:59 am, a mere 6-minute duration. This falls short of the prescribed grace period, thus I believe the PCN was unjustly issued.

On that particular day, I was assisting a friend with moving their belongings. My brief parking at the aforementioned location was purely for the purpose of loading these items, a process that was executed as swiftly as possible to avoid causing any inconvenience. I firmly maintain that my actions were reasonable given the circumstances, and certainly within the provision of the grace period as defined by the BPA Code of Practice.

Given these considerations, it appears the PCN was levied unfairly and prematurely, without allowing the stipulated grace period. Therefore, I respectfully request that you reconsider this charge and subsequently revoke the PCN.

I appreciate your time in reviewing my challenge and trust you will handle this matter with fairness. I look forward to your prompt response.

Yours sincerely,

I received a reply from them, in which they rejected my appeal on the grounds that the 'moving' process should have been continuous. The officer observed the car for only 6 minutes, how should I have been there and back in 6 minutes? They also mentioned that I could still pay the fine of £55


Many thanks

Please post up a copy of the rejection.

Thank you for your reply. Please see attached the PCN and the rejection letter.

[ Guests cannot view attachments ]

The BPA Code of Practice is completely irrelevant to council PCNs, it's something to do with private parking and simply does not apply to this case.

However there is such a thing as a loading exemption in most on-street parking places, but we don't have enough information to know if the exemption is engaged. Please can you tell us more about the goods being loaded: was your friend moving house? What sort of belonging are we talking about? Were they being loaded or unloaded? How far from the car were the premises were the goods were being loaded to / from?

In the meantime I'll get hold of the traffic management order.

There's also an argument that can be made about the wording of the allegation being duplicitous, but that's somewhat of a last resort as not all adjudicators would accept it.

The original intention was for a brief period, just loading a few boxes. After all, it's only a sedan, so it can't fit much. The flat is just around the corner, and it seems unreasonable for the council to expect me to go there, grab the boxes, and return within a mere six minutes. That's why I believe it's nonsensical when they assert that it must be a continuous process.

I did end up paying the fine instead. thank you for your help - I've posted another one, same scenario.

For future reference (and more cooperative OPs), here's The Kingston upon Thames (Parking, Waiting, Loading and Stopping Restrictions) Order 2023.