Free Traffic Legal Advice

Hello,

This is only tangentially about a PCN and is probably more of a question about contract law, as it involves me and a private company, however, a PCN issued by a local council authority still plays a role here, so I'd appreciate any thoughts on my situation.

I've recently hired a car via Enterprise car club for a short trip. When I came back at the end of the trip, the bay allocated to the car club was blocked by a private van (I don't think it's a club van and it seemed like they were in a wrong bay). I tried getting in between two cars, but the other side of the bay was very tight too, and I decided to not risk it. I called the Enterprise support explaining the situation, who advised to leave the car in any available bay nearby and said I'd not receive a penalty from the council. I passed on the plate number of the van blocking the designated bay and took photos. I left the car in a residents only bay right across the road. The rear was left sticking outside the bay onto the yellow line / driveway with a dropped kerb. I found no other space nearby and didn't know what else to do.

Fast forward 1 month, Enterprise notify me of a PCN issued (attached) with contravention code 01 "Parked in a restricted street during
prescribed hours", and inform me that they'll pay the fine to the council and will expect me to cover the cost from my account. The PCN is issued to the company, not myself, as the council issues these to registered keeper.
As I reminded them of how the situation came to be, Enterprise pointed out that I parked outside the bay lines (based on attached evidence) and suggested that this is the reason I am liable to cover the fine. Looking at the timestamp, the PCN is based on evidence collected on September 29th (Monday afternoon), my ride ended early morning on September 28th (early Sunday), however this is 100% my parking, I recognise it and I left the car as shown on the photo.

Based on Wandsworth council reference at https://www.wandsworth.gov.uk/parking/pcns-and-parking-fines/pcn-contravention-codes/, it looks that a different code 24 is used for this contravention ("Not parked correctly within the markings of the bay or space"), and is a "Lower level penalty charge".

I agree the parking was terrible and this should be a lesson for a new driver like myself (this was my 3rd or 4th trip on my own). However, if it weren't for the club bay obstructed, I wouldn't have used the residents only bay, and I think there'd be no PCN based on parking in a restricted street. If I were to park outside the bay lines I think I'd receive a code 24 contravention PCN with a lower charge.

I explained my thinking to Enterprise who now suggest that I should appeal to the council and dispute the PCN myself.

Given the situation, can I do that via London Tribunals, is there ground for me to communicate to the council directly, or is this a question between me and Enterprise to work out? If I appeal via London Tribunals, is there any additional information I should include?

PCN:

Their evidence:


Additional photo I took at the time, from a different angle, the end of the car is sticking out onto the yellow line / driveway with a dropped kerb:

Street view of the location: https://maps.app.goo.gl/FsH2Q47arrTNQa6X9

As said not your PCN but wheels on the yellow line mean the contravention was there.

Post up their invoice, please.
They show their typical woeful ignorance of the law, (as usual !).  They have paid the PCN so as far as the council are concerned, the matter is closed.

I've just received a notification from Enterprise of another PCN, from the next day, in relation to the same reservation, with the same boilerplate advice to appeal to the council.
Can I receive multiple PCNs for the same contravention, or is it deemed as separate contraventions in this case?

Just like with the original PCN, Enterprise state that "letter of authority is in our letter that we have sent you, which will allow you to appeal the fine despite it being paid."

Attaching both the second PCN and associated invoice:

Their letter would seem to give you power to appeal the PCN on their behalf, but it's not clear if payment to the council has been made or not. If it hasn't, then submit some reps. You'll need to include their letter as authority for you to act on their behalf.

The communication from Enterprise states that "we have already paid for the violation at the reduced rate and have passed the charges onto yourself"