Free Traffic Legal Advice

Good evening,

I have today received a PCN for parking slightly across a dropped kerb.  Granted I did it, but I would like to question the validity of the PCN wording.  "Any challenge made is against the full charge and the 14 day discount will not be offered".  Previously, the discount clock stopped when an informal challenge was made.  If upheld, I was still able to pay the reduced rate.

The other query is that other vehicles did exactly the same thing and were not ticketed.

PCN and my images:
https://imgur.com/a/857Ta07

GSV:
https://maps.app.goo.gl/1LYkG9guEF4S2FNFA

The council images aren't online yet.

Do I have any grounds for appeal, or should I just pay it at the reduced rate?

Thanks.

Thanks for looking in to this.

Yes I was parked within a residents bay outside of the enforcement times.

Are the council obliged to respond in a certain timeframe?  If I appeal and they respond in 7 days, am I still entitled to the discount as thats within 14?

My back wheels were on the immediate edge of the bay outside 172.

An informal challenge is first - I can draft a simple one for you as there isn't much to say.

But who is the registered keeper of the van?

As an unqualified statement it is unlawful IMO.

It is only a correct statement if qualified with words to the effect that if the council reject informal reps beyond the 14-day period then what at this point would be a discretionary penalty charge would not be offered.

Which must, of course, be seen in the context of the Secretary of State's Statutory Guidance which states:

It is in the interests of the authority and the vehicle owner to resolve any dispute at the earliest possible stage.

...

The Secretary of State suggests that authorities should respond within 14 days.[to challenges].

PCN ****

On ** I parked my car outside no.*** ***** which, as can be seen in the CEO's photos a designated parking place reserved to Resident Permit Holders. Within this parking place is a dropped footway serving no. *****. A PCN was issued for the contravention of parking on a carriageway adjacent to a dropped footway.

This is a statutory prohibition, see s86 Traffic Management Act 2004:https://www.legislation.gov.uk/ukpga/2004/18/section/86

I refer the authority to sections 86(2) - 86(6) above which set out five exceptions to the contravention. If any of these applies then the contravention of parking adjacent to a dropped footway has not occurred and no penalty may be demanded. In particular, I refer you to s86(2) which sets out the first, arguably primary, exception which is as follows:

[This is subject to the following exceptions].
(2)The first exception is where the vehicle is parked wholly within a designated parking place or any other part of the carriageway where parking is specifically authorised.

A “designated parking place” means a parking place designated by order under section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c. 27).


That the council has chosen to designate a length of road which includes access to residential properties is a matter for them and is arguably an error which they might wish to review. But this cannot affect the proper application of the law which is unambiguous in this regard i.e. where a vehicle is parked within a designated parking place then in respect of any length of dropped footway within that parking place the prohibition specified in s86 cannot occur.

The PCN must be cancelled.

However, if the authority are not minded to do so at this point then they must set out their reasoning with legal authorities in the same detail as these representations. Simply stating that you do not agree when the law and evidence support the representations would not suffice.

Leave the PCN wording until later, if necessary.

I cannot see anything to be gained by submitted skeleton reps. You need to put your case and require them, should they reject, to present similarly detailed reasons.