Merry Christmas everyone! I received a PCN on Christmas Eve, code 01, Sussex Road New Malden. Would be grateful for your advice. Thank you!
PCN:
https://imgur.com/a/zX32bxXGoogle map location:
https://maps.app.goo.gl/4unuyYL3Yn5jdhJV9My proposed ground for challenge:
1. Exempt Activities: Loading and Passenger Assistance
At the time stated (13:51), I was engaged in two activities that are recognized exemptions under Contravention Code 01:
a. Loading Food Items: I was loading essential food supplies into my car in preparation for Christmas. Under traffic regulations, loading and unloading are permissible activities on yellow lines, provided they are necessary, continuous, and do not exceed a reasonable duration.
b. Assisting a Child Passenger: I was also assisting my 2.5-year-old child into the vehicle. The act of picking up passengers, especially young children, is also an exemption, as it prioritizes their safety and requires additional care and time.
Both activities fall under exemptions outlined in the Traffic Signs Regulations and General Directions (TSRGD) 2016 and associated local traffic enforcement guidelines.
2. Insufficient Observation Period
The PCN states that the vehicle was observed for a period of one minute only (13:51–13:51). According to standard practice for issuing PCNs for Contravention Code 01, Civil Enforcement Officers (CEOs) are required to observe a vehicle for a reasonable period to confirm that no exempt activities, such as loading or passenger assistance, are taking place. A single-minute observation is insufficient to make this determination.
This lack of sufficient observation is inconsistent with the London Councils Code of Practice for Parking Enforcement, which emphasizes that CEOs must ensure they have fully assessed the situation before issuing a PCN.
3. Incorrect Statutory Wording Regarding Payment Period
The PCN states that the penalty charge must be paid "not later than the last day of the period of 28 days beginning with the date on which this penalty charge notice was served." This wording is inconsistent with Schedule 2, Paragraph 2(d) of The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines, and General Provisions) (England) Regulations 2022, which states:
"The penalty charge must be paid within the period of 28 days beginning with the date on which the alleged contravention occurred."
The statutory wording requires the 28-day period to begin from the date of the contravention itself, not the date of service of the notice. This discrepancy misrepresents the statutory timeframe and invalidates the PCN as it does not comply with the legal requirements set out in the above regulations.
[ Guests cannot view attachments ]
