Free Traffic Legal Advice

Looking at this, I think the CEO made an error and pressed the wrong option on his terminal. You are certainly not 50cm from the edge of the carriageway at all, but I do suspect you are in a Permit Parking zone. However, they cannot re-issue the PCN with the correct contravention. GSB is not sufficiently up-to-date, so we need to see the signs on the bays, and also, have a look at where you turned off the main road for a sign that may show it is a parking zone of some sort.

Anyway, see what the others say, before sending in any representations, but don't miss any deadlines on the PCN.

Hi,

So I sent a further message, unfortunately it seems I've shot myself in the foot when I first challenged it?
This is the reply I've had today:

"
Email: parking@lancashire.gov.uk
Our Ref: LPSHU
Date: 19 March 2024
Traffic Management Act 2004
Penalty Charge Notice: LQ5257303A
Vehicle Registration Number: NL62BLX
Make: NISSAN
Date and Time of Contravention: 06/03/2024 at 09:28
Location: CARLTON STREET(PRESTON)
Parking Contravention: 26 Parked in a special enforcement area more than 50
centimetres from the edge of the carriageway and not within a designated parking
place

Dear ****
Thank you for your further correspondence challenging your Penalty Charge Notice
(PCN).

We are unable to reconsider your grounds for appeal at the present time as we have
already responded to an informal challenge you recently submitted. The next stage of the
appeal is to make a formal representation against the charge. This cannot be made until
the registered owner/keeper receives the Notice to Owner form which we are not
permitted to issue prior to 28 days after the PCN was issued.

Once this form has been completed and received by us your grounds for representation
will be considered by a different team to ensure fairness and consistency in the appeals
process.

Please refer to our previous response for the options available to you now.
The photographs provided to you in our previous correspondence clearly show your
vehicle was parked in contravention.

You now have the following choices:

- You can pay the discounted rate of £35.00 if payment is received by **24/3/2024**.
Payment will close the case and you will be unable to make a further challenge against
the charge.
- You will be required to pay the full amount of £70.00 if payment is received after this
date. Payment will close the case and you will be unable to make a further challenge
against the charge.
- You can continue to contest the charge. If payment is not received within the 28 days
from the date of the Penalty Charge Notice, we will send the registered owner/keeper a
Notice to Owner form. This will offer you the opportunity to pay the full charge or to
submit a formal representation against the charge by completing and returning the form.
- Should your formal representation be unsuccessful, you will be able to take your appeal
to an independent adjudicator.

How to pay:
- By phone on 0300 600 0010. Lines are open all day, every day (24 hours). Please
have your PCN number and credit or debit card ready. There will be no extra charge for
using your card to make payment. Please note that some card types may not be
accepted.
- Online at www.lancashire.gov.uk/parking and click ‘pay online’.

Yours sincerely,
pp. Peter Bell
Regulation & Enforcement Manager
"

I've uploaded it here: https://flic.kr/s/aHBqjBi6oc
Any advice or am I best just paying this now before the penalty increases?

Thanks

Your chances of winning are so high IMO it would be foolish not to wait for the NTO

Thanks.

Decided it's worth to make representations. 

NTO was issued on 11/04/24 and I think I received it around the 13th or 15th IIRC.  I've left it a bit late really, but think I've piled enough 'pressure' on myself to motivate me to actually take the next step and not just let it get to late to challenge and just pay last min.

I think you're probably right regarding they typed incorrect code 26 instead of 62, although I had thought those yellow lines had been decommissioned for lack of a better word.  Some can be vaguely seen in the photo's I'd taken, 1 to the rear/behind front driver wheel and slightly on the outer side, the other in the at the time empty parking permit bay and .

I guess my biggest worry is not getting across all the points that need to be got across to ensure it is cancelled ideally without the need to challenge it further. 

If there is any advice on preparing representation email/letter all is appreciated.

Thanks

Thanks!


I've sent my submission and taken screenshot as suggested, just in case of IT issues.

Really appreciate all your advice on this.

I'll update with the outcome, hopefully not too long to wait.

They are just trying it on in the hope that you'll fold. If they are right and the edge of the carriageway isn't the painted line, then the only other possibility is that it's the gate, which is clearly closer than 50cm.

You'll win this if you stick to the process.

That would be great thanks!

It's one thing representing yourself to council, but it's feels a lot more intimidating when it gets to the tribunal point.

Yeah the gate/barrier has been what I would consider the edge of the carriageway in the absence of markings, not to mention front passenger side proximity to the curb in front of the car.  So surely it would at least be distinguishing between the edge of the carriageway and private land?

I've responded to your DM with the details you've asked for now.
If there is anything else please let me know.

I can accept paying a penalty when I make a mistake and they issue a PCN for a valid contravention as at least it would be more understandable.  I get the point of the contravention they've alleged I've broken, just not how they've managed to come to the conclusion none of the vehicle is within 50cm of the edge of the carriageway at it's rear, side or front without measuring it before moving to the next step.

Again, thanks for everyone's help no matter the outcome!