Free Traffic Legal Advice

Hey guys

Thanks a trillion for kindly looking into it and supporting me. However, I have been researching on this found the following:

If wheels WERE on the pavement

Then our assisted-alighting argument becomes much weaker.

In London, footway parking is generally prohibited by statute and there is no general assisted-alighting exemption equivalent to what may apply to waiting restrictions.

However, councils can still exercise discretion in exceptional circumstances. We are challenging a permit-bay contravention that was never alleged. That could make the council think we’re appealing the wrong PCN?

The main issue is this:

None of the CEO photos clearly show a wheel on the footway.

For a Code 62 contravention, the council must prove that one or more wheels were on:

* the footway,
* a verge, or
* another part of the highway other than the carriageway.

I have prepared the following representation. Please let me know if you have any suggestions at all. I would love your expert opinion before submitting anything.

Dear London Borough of Barking and Dagenham,

I challenge liability for PCN BZ72022199 on the ground that the alleged contravention did not occur.

The PCN alleges that my vehicle was parked with one or more wheels on or over a footpath, or on any part of a road other than the carriageway. This allegation is incorrect.

At no time was any wheel of my vehicle on the footway, kerb, verge or any other part of the highway other than the carriageway. The vehicle was parked entirely on the carriageway adjacent to the kerb.

I have reviewed all of the Civil Enforcement Officer’s photographs supplied by the council. None of the photographs show any wheel of my vehicle on the footway. The photographs merely show my vehicle parked next to the kerb. I therefore request that the council identify which wheel it alleges was on the footway and provide clear photographic evidence supporting that allegation.

Furthermore, the PCN records an observation period of 17:09 to 17:09. The CEO photographs also show that I returned to the vehicle while the officer was still present.

For completeness, I had stopped briefly only to assist a pregnant friend who required urgent medical attention. I escorted her safely to her destination and returned directly to the vehicle. However, the principal issue is that the alleged contravention simply did not occur.

One of the CEO photographs appears to show me returning to the vehicle while the PCN was being issued. I have also taken photo and video with the officer in it (with his consent) explaining the emergency on the day. This supports my account that I had only been absent briefly while assisting a pregnant passenger requiring urgent assistance.

In the absence of evidence showing any wheel on the footway, I respectfully request that the PCN be cancelled.

Yours faithfully,

A parking place on the footway disapplies the prohibition!!.

In short, it does NOT apply within a parking place which is why I'm steering you towards this argument.

4)A highway authority may by resolution, or in the case of the Secretary of State by such notice as appears to him to be appropriate, authorise, from a date specified in the resolution or notice, the parking of vehicles[F7—

(a)]on, or [F8on or over a road or part of a road] which is a highway other than a carriageway[F9; or

(b)on or over a footpath or any part of a footpath];

and notwithstanding the provisions of this section or of any other enactment or any rule of law, it shall be lawful from the specified date for any person to park a vehicle on the [F10road or footpath], or on the part thereof, as the case may be, to which the said resolution or notice relates and is for the time being in force.

No, I'd rather you used my version(plus your **** detail) as per my reply #13.

Hey guys

Here is the final one. Should I attach the video or pics that I took with the CEO on that day with this representation or wait till later? Also- when should I submit this representation- within 14 days or 28 days timeframe. The PCN was issued on 20th of June, Saturday. I look forward to hearing from you. Please let me know if you do have any feedback on the following:

Dear London Borough of Barking and Dagenham,

I challenge liability for PCN BZ72022199 on the ground that the alleged contravention did not occur.

On 20/06/2026, I stopped in the permit holder parking place outside 21–23 Parsloes Avenue for the sole purpose of assisting a pregnant friend who required urgent medical attention.

Although I was not displaying a permit, I contend that my vehicle was lawfully present under the assisted alighting exemption. My friend was pregnant and required urgent medical attention. Due to her condition, it was not sufficient simply to drop her at the kerbside. I was required to escort her to her destination and ensure that she was safely handed over before returning directly to my vehicle. I returned promptly and was back at the vehicle while the CEO was still present. Regrettably, the CEO only observed the vehicle from 17:09 to 17:09, suggesting no observation period whatsoever. The vehicle remained only for the period (few minutes to be precise) reasonably necessary to carry out that assistance.

The Civil Enforcement Officer’s photographs show that I returned while the CEO was still at the location. I immediately explained the circumstances and understand that notes may have been made on the handheld device. I also have photographs and video footage (with the CEO in it) from the scene explaining the emergency which I can provide if required.

The vehicle was not parked for convenience or left unattended for any purpose unrelated to assisting the passenger. Its presence was solely connected with helping a vulnerable passenger who required urgent assistance.

I therefore submit that the assisted alighting exemption applies and that the alleged contravention did not occur. I respectfully request that the PCN be cancelled.

Yours faithfully,

They might buy it but as I posted earlier, the burden falls to you to establish the exemption and I think you need to beef-up your claim. Don't share the info here if it's sensitive, but don't expect them just to believe simply based upon your say-so, they're not the most believing of people.

IMO,

PCN issued on 20 June therefore 14-day period ends 3 July.

Wait for other views, but if none forthcoming then submit no later than 3 July to keep the option of the reduced payment.