Free Traffic Legal Advice

Some appeals have been allowed at the tribunal for people who have been misled by permit zones at these restrictions (usually the qualification is for blue badge holders).

One approach is also to ask for discretion on the 2nd and subsequent PCNs as you weren't aware until the first arrived.

Issue here seems to be the change in signage and enforcement.

Is this the screenshot that you mean?


https://drive.google.com/file/d/168j4fu_iKy5DLvPV5ofI8c8DqFgD3unG/view?usp=sharing

I have had a look at the online representation page, and after selecting “The contravention did not occur”, I am given these options:

“Select a reason from the list below and provide details in the textbox. Please upload any photos or documents that you have to support your assertion
•   At the time I am supposed to have been in contravention, I was loading and unloading
•   The restriction that I am supposed to have ignored was not signed
•   At the time I am supposed to have been in contravention, the restriction did not apply
•   At the time I am supposed to have been in contravention, I was elsewhere
•   I was instructed by a police officer to do this”

There is no option to say that the vehicle was authorised!  I think that I have to use the third option, as “the restriction did not apply”.

My proposed wording for my initial representations is as follows:

***
The vehicle AV66 GXE has for many years had a residents’ parking permit for the Lambeth S zone, and the current permit is number LJR206299 expiring on 4 July 2025.

At least until 2022, access to Stockwell Terrace was unrestricted.  It formed part of the Lambeth zone S, and contained parking bays and signage to that effect.

At some date between July 2002 and July 2024, restrictions were introduced with the sign restricting access for motor cycles and cars with the words “Except permit holders and loading”.  See photo 1.

Since my car had a relevant permit, I concluded that I was entitled to use Stockwell Terrace and did so.  There was no change to the signage of the Zone and parking places.

At some date between July 2024 and 1 November 2024, the restriction sign was changed, and the wording is now “Except authorised vehicles and loading”.  See photo 2.

The sign identifying Stockwell Terrace as being part of Controlled zone S remains in place, as does the sign above the parking bays – “Mon-Fi 8.30am -5.30pm.  Permit holders only.  SR.”

My conclusion is that since my permit allows me to use SR parking bays, and Stockwell Terrace forms part of the S zone, the change of wording does not affect me, as my car is “authorised” by the possession of the relevant permit.

Please therefore cancel the PCN.

If you do not agree with my interpretation of the word “authorise”, then please use your discretion to cancel the PCN, on the grounds that my interpretation was entirely reasonable, and to avoid the necessity for me to take the case to appeal.
***


Comments very welcome.

The discount period for this PCN runs out on Tuesday 26 November, so I would like to respond no later than Monday 25th.

Any comments on my draft?  Particularly the final sentence.

Regards

I think I would leave it out. They will inevitably reject your reps anyway, as they only want the money. The only place where you'll get an unbiased decision is London Tribunals. So submit your reps and post their reply when you get it.

Sorry.  The links to the videos don’t work from here, although they did from a word document

I'm not sure if this is winnable on the sign issue,  because "authorised vehicles" is normally emrgency services, and also council vehicles engaged in council work. Ask yourself why the council would change the sign. Clearly they wanted to reduce the use of this street by permit holders.

However, I understand Hippocrates has identified a 'technical' appeal based on their web pages for submitting representations. This has been successful so far as I understand, so this would be the emphasis of your appeal not the contravention itself.

But of course Hippocrates may have a much better argument.