Free Traffic Legal Advice

Try a search for "wrong location". Sift through a few. That will give you some ideas for an informal challenge. Post it for comment first though.

It is generally fatal for a PCN to have incorrect location, but what makes you think it is wrong ?

GSV may have the boundary incorrect. The authority may have maps on line to give a better view of where the boundary is.

Also, download and share the photos. There will generally be some on line.

Where you have highlighted her as being parked could conceivably be ok, depending on exactly where she was. If part of the car is overlapping the fully dropped part of the kerb the contravention is made out, but if it is only the sloping part it is not in contravention.

Quote from: slapdash on March 16, 2024, 03:00:46 pm

Try a search for "wrong location". Sift through a few. That will give you some ideas for an informal challenge. Post it for comment first though.

It is generally fatal for a PCN to have incorrect location, but what makes you think it is wrong ?

GSV may have the boundary incorrect. The authority may have maps on line to give a better view of where the boundary is.

Also, download and share the photos. There will generally be some on line.

Where you have highlighted her as being parked could conceivably be ok, depending on exactly where she was. If part of the car is overlapping the fully dropped part of the kerb the contravention is made out, but if it is only the sloping part it is not in contravention.

Thank you very much for your response and apologies for my lack of response. I posted this and then promptly forgot about it. 

She's saying she was parked in the area between the black car and the sloped part. She wasn't actually parked on the sloped part.

In terms of the location, she's familiar with those streets and she said the part she was parked is Lindrick Terrace and not Sherringham Place. You drive in, it's Sherringham Place and then that becomes Lindrick Terrace.

Thank you for your advice.

When you say download the photos, which photos do you mean please?

Kind regards

Please post all the council photos from the council website - since you have redacted the PCN number and Vehicle reg number we need all the photos to be uploaded so we can give informed advice rather than based on indirect information

This GSV view (Au 2023) seems to show dropped kerbs opposite each other, thus indicating the statutory ban on parking by the dropped section is valid here.
https://maps.app.goo.gl/28cGU6YPspBt5Jbn6
However, the offence is only made out if any part of the car intrudes into the dropped section, the sloping kerbstones either side are NOT part of this.  So photos are needed of the alleged contravention. Photos are not a legal requirement, but it would be a particularly stupid CEO who didn't take any, because if the appellant says there was no contravention, the council must prove there was. SO the OP needs to download and post here the council photos, or else give car reg number and PCN number so we can go and look for ourselves.

I don't think the location argument is a winner, but opinions may differ, and you'll only find out at adjudication on this one.

@slapdash @taffer87 @Incandescent

Thank you very much for your very clear responses and advice.

When I went to have a look for the photos as per your advice, it says 'Unfortunately you are unable to appeal this charge at this time'.

So I asked my friend and she said upon receiving the PCN she sent an email saying 'I have received your PCN and I didn't park there'; not realising that's her actually submitting an appeal.

Anyway, am I ok to come back to you when they reject the appeal?

Well, of course, but be aware that the keeper as per the V5 Registration Certificate for the vehicle has total esponsibility in law for PCN payment or appeal.  However this person can nominate a person to act on their behalf.

At this point it was an informal representation.

She could try emailing them to ask for the photos. They might oblige.

When it's rejected come back, or when she receives a notice ro owner (don't make the mistake of not responding whilst waiting for responses).

Thank you. She has sent an email asking for the photos.

I will update with any communication from them.

Thank you for your time 

Wait for any others but pay the discount. Don't miss the deadline.

The second photo seems to show she is pretty much totally over the dropped kerb. It's difficult to be certain with little othe reference.

The remaing photos look as though they are the sill area. A full side on shot from across the road would have been helpful but photos aren't a requirement anyway.

A bit of a clincher to me is to look at the sat photo on GSV. The location of that manhole can be made out, it's just before the dropped kerb

In this case the location argument would be very weak I think.

About a car length behind her is a sign saying Sherringham place. A little in front Lindrick terrace, and at the bottom another saying Sherringham.

She looks to be in time - just - to pay at the discount  (Sun 24th, best not to leave it too close just in case of any issue).

@slapdash

@hcanderson

Thank you for your input. I will pass this on to her.

Really appreciate your guidance.

Best wishes.