Free Traffic Legal Advice

Hi FTLA Community,

Thank you for welcoming me to your forum! I'm looking forward to learning more about council PCNs and contributing to the discussions here.

I need some advice regarding a parking ticket I received. The ticket is for "12S - Parked in a residents or shared use parking place without clearly displaying either a permit or voucher or pay and display ticket for that place."

Details:

Date Issued: 08/06/2024
Observed from: 10:30am to 10:35am
Deadline: This Saturday, 29th June (28-day period)
The ticket incorrectly lists my car as a SEAT instead of a Polestar. Could this be a valid ground for an appeal?

I’ve included image links to the evidence I have for reference at bottom of this post.

Additionally, I found this information on your website:

"06 No Pay & Display ticket

According to the issuing Officer's notes, there was no pay & display ticket clearly displayed that covered the vehicle for parking. An exemption is if you used the Phone & Pay facility and had a valid parking session during the time the vehicle was parked. However, the Officer checked this facility and no parking session had been booked. The Officer also inspected the vehicle and found no other displayed items (e.g., blue badge, permit) that would entitle it to be parked at the time. Therefore, I see no valid reason for cancelling the PCN.

A driver is responsible for ensuring that all necessary items are clearly displayed when leaving the vehicle parked. This includes making a quick check of the vehicle after it is secured, as closing the door could dislodge any displayed items. You have not provided a sufficient reason for not checking the ticket was still clearly displayed, and therefore the CEO on duty had to spend time at your vehicle when they could have been enforcing other areas.

Any mitigation for not displaying a ticket (e.g., medical reasons, whether the driver was alone or with a passenger) needs to be taken into account."

This doesn't look promising for me!

I plan to use a template from the PCN Spreadsheet Liverpool titled "Informal rejection - full penalty." Could someone explain what the codes in bold mean within the below template?

"A PCN was issued to the above vehicle, because it was &OFF11 &OFF12 &OFF13 in &LOCPT on the &DOFFC. The vehicle was &TOBSB and the Notice was issued at &TOFFC. The operational hours of this restriction are enter restriction.

Insert appellant's reasons here and any points that require answering...

Respond to appellant's mitigation (why it is not reason to cancel PCN and answer points below)

Insert any paragraphs but edit so they fit in with the letter.

All type should be in black print.

(delete if not required)
We may reconsider your representations if you are able to provide further evidence (more information) including an invoice / job sheet / in support of your claim. Please submit any evidence for my attention directly to Parking.Services@liverpool.gov.uk as soon as possible.

(delete if not required)
If you cannot do this, then the information provided is not sufficient for the City Council to cancel this Penalty Charge Notice."

Is it worth fighting this PCN, and could someone help me refine the above template to strengthen my case?

Evidence below (it won't allow me to attach the files).

https://ibb.co/FhRDTKh
https://ibb.co/9ctQFD0
https://ibb.co/TRd6NRq
https://ibb.co/R7KGrzj

Thanks in advance!

Regards,
L

The photos show you were parked somewhere here: -
https://maps.app.goo.gl/iX32bHqsKBJekTDB6
So, did you go and look for a sign giving the parking bay restrictions ?
Here's the sign for the bay restrictions: -
https://maps.app.goo.gl/eHseamVJXdwmQHmp8

Make of car is irrelevant, because it is not part of the mandatory information required to be on a PCN.

Hi everyone, thanks for your feedback.
Would someone mind checking my appeal letter to Liverpool Council?

"To Whom it may concern,

PCN Number ******
Civil Enforcement Officer: ******
Vehicle Registration: ******

A PCN was issued to the above vehicle, because it was "12S - Parked in a residents or shared use parking place without clearly displaying either a permit or voucher or pay and display ticket for that place" PALL MALL - L3 (CPZ) on the date 08/06/2024. The vehicle was a Polestar 2 and the Notice was issued 10:35am. The operational hours of this restriction are 8:00am to 6:00pm.

I challenge this 'PCN' as lessee of the car and subsequently request all future correspondence be sent directly to myself at the address listed below:

*****

Please note the CEO made two errors when issuing the ticket. Please see below:
 
1) The contravention code is incorrect, 12S means a shared use bay, but the sign in the  EO's photos isn't, it's a straightforward resident's bay.

2) My vehicle is a Polestar 2 not a SEAT as mentioned on the PCN.
I am the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 (POFA) now it is proven that in this instance, the registered keeper is not the "keeper" (as defined under POFA).

I believe that the signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. The unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge.

I have included screen shot links of where the vehicle was parked at the time of the offence (Link 1) in relation to where the obscure signage is located (Link 2). Extremely high up and out of view from where the vehicle was parked.

Link 1: https://maps.app.goo.gl/LhtgXwkCh26FkHXWA
Link 2: https://maps.app.goo.gl/bvLKZXNim6p2KnEQ8

Thank you for your cooperation. I look forward to your response.

Sincerely"


Would this  be good enough to have the PCN overturned?
Your help is greatly appreciated and feel free to advise on what to add or remove from my letter.

Best,
LD

@xskullx is that from Chat GPT? If so this just shows that the proliferation of AS (Artificial Stupidity) is not the revolutionary tool everyone expects it to be (not least because large language models don't actually understand anything they're saying).

In short (sorry to be brutally honest) that draft is a pile of garbage.

Please read the guidance here and re-post the PCN without redacting anything. As stated above, you also need to answer the questions from H C Andersen and Incandescent if you want our help drafting a proper representation.

The photos show you were parked somewhere here: -
https://maps.app.goo.gl/iX32bHqsKBJekTDB6
So, did you go and look for a sign giving the parking bay restrictions ?
Here's the sign for the bay restrictions: -
https://maps.app.goo.gl/eHseamVJXdwmQHmp8

Make of car is irrelevant, because it is not part of the mandatory information required to be on a PCN.

I did not no. However, could I use my Drs prescription for anxiety as a means for appeal and not checking out of fear of general anxiety and fear of open spaces?

Regards

No not Chat AI, I have taken then template from a forum on MSE.

That's why we don't use templates.

I don't see how your anxiety has anything to do with this. Obviously you were OK with getting out of the car because the CEO's photos don't show you inside the car, and once you were out of the car it's hard to see how anxiety would prevent you from reading the sign.

I am not a resident and could misunderstanding signs be grounds for appeal?

On another note, I am prescribed anti anxiety medication for general anxiety and and agoraphobia from my GP - could I use this in my appeal?

We're not here to help you come up with some sort of excuse, we're here to look at the facts, apply the law to those facts, and try and find the best possible grounds of appeal that can be properly argued. So please drop "could I use this, could I use that", just tell us the honest truth of what actually happened and we'll tell you what's what.

So, did you see the signs and decide to take a chance? Were you in too much of a rush to look at the signs? Did you just assume there wouldn't be any enforcement officers around? Right now we just need you to tell us what actually happened.

Also, you really need to post an unredacted copy of the PCN.