Free Traffic Legal Advice

As you understand it, liability lies with the person who was driving and because it's been 5 months you, as keeper, cannot recall who was driving at the time and date because in your case your wife also drives. Similarly, you don't understand how the council know who was driving after all this time. To add to your confusion the location given in the notice seems to conflict with the photo because ........

https://www.legislation.gov.uk/ukla/2003/3/enacted

Many thanks

ive made the following draft, do i need to add/remove anything?

I wish to appeal this FPN (ref) I received on the 12th March and dated 10th March on the following grounds,

Firstly, the alleged offence took place on 9th  Oct 2024 which was over 5 months ago,  many drivers have access to this car and I have no recollection of who was driving the car at the time.  The liability lies with the driver and not the owner.  What/why makes you assume it was me who was driving

Secondly, the information on the FPN is wrong. It says I was parked on Guildway road,  ive never parked on that road before. The picture show the car was actually on Billet Road.

I thus believe this FPN to be invalid and look forward to you cancelling the ticket

Regards

Advice: pl stop parking there. But you seem to question this despite the absolutely clear provisions of the GLC(General Powers) Act 1974 being explained.

You then suggest that because others are, possibly without lawful authority, parking there this in some way justifies you doing so.  It doesn't.

You then look at the posted legislation and refer to a provision which has no bearing, namely that applying to Penalty Charge Notices when your case involves a Fixed Penalty Notice.

I say again, the person liable is the PERSON who permitted or caused the offence unlike with penalty charge notices where the liable party is the OWNER(presumed to be the registered keeper). If you tell the council you were driving then liability rests with you. If not, then with whoever drove which after such a period has elapsed you cannot recall.

Is this OK to send off tomorrow?

hi

just a quick update, on the 22nd March, i got an email from the Waltham forest neighbourhood team ( they issued the ticket) saying they will investigate ( ive pasted their response below). today i got a letter saying ive not paid or appealed and thus have till 22nd April or else theyll take legal action.  Even as of today the FPN isnt recognised on the website and when i spoke to the parking team 3 weeks ago they said it is most likely the ticket has been cancelled.

WHat can i do now if they still persist in taking me to court? i assume i am fine as i got email proof of contacting them as well as the website not finding the FPN.






Hi ****,

 

Thank you for your email.

 

This has been passed on to the relevant team so the issue which is stopping you appealing online can be investigated and resolved.

 

Once we have an update, we will email to you let you know.

 

Many thanks,

 

Reece Bagnall (He/Him)

Customer Service and Performance Manager

Resident Experience and Business Support | Stronger Communities

London Borough of Waltham Forest