Free Traffic Legal Advice

Dear all,

I would appreciate your thoughts on where I go with this PCN / Rejection Letter (see docs / evidence etc below)

First of all, I already informally challenged this PCN because perhaps foolishly I assumed Lambeth council would cancel it given their own website (https://www.lambeth.gov.uk/parking/where-you-can-load-and-unload-your-vehicle/where-you-can-load-unload) states that "you can stop to load and unload... for a maximum of 20 minutes".

Alas, they rejected my grounds for cancellation - See docs below

Essentially, I rented a van to move house. The van was parked outside the new property with myself and my father in an active and continuous state of unloading the van into the house.  The van was parked appropriately within the Resident's bay.

The CEO who issued the PCN and the subsequent rejection letter of the informal appeal states that an observation period of 7 minutes and 1 second was followed prior to PCN issuance as "no exempt activities were taking place such as loading or unloading"

In reality, the CEO pulled up in an ANPR mounted hatchback, jumped out, snapped some pictures and slapped the PCN on the windscreen, all while I was stood in the middle of the road holding a box in an "active state of unloading" and trying to protest.  The whole issuance at 10:32 am took 69 seconds based on the image evidence timestamps.  The date of the "first observed" is listed as 8 minutes earlier at 10:24, there is no evidence provided of this though, presumably this is from the ANPR mounting on their car while driving by at that time.  The CEO certainly wasn't standing next to me observing for 7-8 minutes.

Of note, there is a mismatch on the date of the rejection letter (5th June) and listed reply date on their PCN payment website (4th June)

I've attached the original PCN, Online Challenge, Rejection letter, Website Screenshot (post rejection)

Link to image evidence:
https://imgur.com/a/DwdDkkx



[ Guests cannot view attachments ]

The PCN number is LJ34038645 - apologies

An admin charge with the hire company would apply, presumably though as I have already challenged any subsequent enforcement notice would come to me directly as Lambeth Council now have my details as the hirer at the time?  Or do they always send these to the RK?

Thanks

Presumably I wait for the next notice from Lambeth before proceeding with this further

Yes.

There isn't a discount option with a NTO although the authority may re-offer.

My only concern is: The van was parked outside the new property with myself and my father in an active and continuous state of unloading the van into the house.

So your driver's licence and the hire agreement would have your old address. These are the details which the hire company provide to the council. Have you put in place mail forwarding? The fact that the council wrote to you at your new address is neither here nor there, they're obliged to use the details provided by the hire company.

Where a recipient relies on the ground specified in paragraph (4)(d)[hire] their representations must state the name and address of the person to whom the vehicle was hired at the material time.