Free Traffic Legal Advice

Isn't Market Place an off-street car park? In which case a code 62 is a nonsense.

As for the alleged contravention it looks a trivial wheel a bit on the flat tarmac.

As we all know, Havering is a venal and rapacious council, but this PCN really does take the biscuit !  It would be well worth getting this into the local press to shame them.

Whilst they say they are not re-offering the discount if you submit representations, the discount period remains valid, so if you submit reps and have not had a reply before it expires you are entitled to pay the discounted amount. A case on this very subject was won at Nottingham when am appellant tried to pay the discount within the allowed period, having already appealed. The adjudicator was quite clear that the discount period was a lawful period for paying a reduced sum regardless of whether representations had previously been submitted. As I recall (it was some years ago !), the adjudicator also commented that it was a procedural impropriety to say that submitting reps forfeited the discount.

So submit reps on the basis of triviality of contravention. If they respond within the discount period, you are entitled to the discount. If they refuse it, take them to London Tribunals where you will win, and in all likelihood would be able to claim costs. If they have not responded, pay the discount before the period expires. Again, if they refuse it, they are behaving unlawfully.

Here are the relevant regulations: -
https://www.legislation.gov.uk/uksi/2022/71/schedule/2/made

Guys, thanks for your support.

I have drafted my rationale for challenging the PCN, but as I am totally new to this (and English is not my first language), I would appreciate if you could add something and/or re-word it in any way necessary. Are there any legal key phrases that would be useful here?

Dear Sir/Madam,

I have received a PCN for an alleged contravention of parking “with one or more wheels on a footpath”, code 62.
I parked my car on the Market Place Car Park at 18:20 on 14/01/2025 on western part of Market Place, adjacent to North Street.
According to the Conditions of Use of the car park, a vehicle should not be parked “beyond the bay markings”. However, this area of the square has no clearly marked parking spaces that a vehicle should be parked at. Such bay markings are clearly visible on the other part of the square, where white and yellow lines leave no doubt about it, but the area near North Street has no such lines. There are just some decorative patterns of cobblestone and stone slabs, which are hardly visible after dark and in wet conditions. I have parked there for the first time ever and it didn’t even cross my mind that these might be considered as any “bay markings”.I parked my car near several other cars parking in a similar manner, not posing any danger or being an obstacle for pedestrians or other vehicles. 
My alleged contravention is probably having one wheel parked on 10 cm of just another type of cobblestone, which can hardly be considered as a separate footpath at all (the actual footpath, where people do walk is alongside the shops and North Street, very far away from any parked cars).
Please find the attached pictures of the position of my car.
Given the above triviality of the “contravention”, I would like to file for the cancellation of the PCN.
Best regards,


Besides the triviality, should I challenge code 62 as well?
I don't know the actual status of that car park - it is pretty ambiguous.
Certainly, there is no curb you could park right by, but on the other hand, you can't exactly say that it is "constructed away from the public roads or streets so that the parking does not affect the pedestrians and flow of traffic directly" - it is marked as a pedestrian and cycle zone in certain hours on certain days: https://maps.app.goo.gl/VQRawHVTnrzN2nrH6

Thanks!

Should I add these two sentences somewhere to that long scribble of mine or just send these two alone?

indeed.
they call it a "car park" is it not impossible for a "car park" to be on street?

What you're doing is mutually exclusive - saying the contravention cannot have occurred but it did occur and was trivial.

In an off-street car park there is no such thing as footway parking. As you've deduced a correct contravention could be:

86 Not parked correctly within the markings of a bay or space

Anyway no one else has chipped in apart from Mick who rightly says some car park areas can be on-street but I really don't think Market Place is one.

There is no rush so wait for other views.

I recall now that Market Place is barred to motorised vehicles as a pedestrian and cycle zone on Weds, Fri, Sat and Sun 6am-7pm apart from permit holders.

As a car park it's only open for certain operational times on other days and not overnight on some days.