Free Traffic Legal Advice

Hello,

Grateful for advice please. The driver received the above contravention, a notice was left on the car despite that fact that the supposed bay markings were so faded, they are essentially non-existent. The driver feels this is completely unjustified - if a council is going to fine someone for not parking in a bay (not sure if that forms part of the HWC or needs to be written on the adjacent signage) they must surely have legible bay markings.

Please see the following 9 images, REG NUMBER redacted, but otherwise unaltered images from the Council Website showing the alleged evidence. It is telling that there are no direct photos of the car tyres outside the bay (as the bay markings do not exist).




















Additionally please see here for the front and rear of the PCN left on the car:






Lastly, the following three images were taken by the driver after moving the vehicle, to show the non-existent bay markings. There is one fraction of a line visible, which does not consitute a "bay". Please note the positon of the van in the drivers' images, which is the same van as can be seen in the 1st image of the Council's alleged evidence.








The driver assumes appealing will result in a rejection although this is surely unjustified given the lack of clear bay markings. Grateful for advice on the best way to appeal to the council and any subseuqent independent/court appeals, should it be necessary.

Many thanks in advance

First a couple of questions: -

1.Are you prepared to stand your ground and take CoL to London Tribunals ? You would have to risk the full PCN penalty of £110

2.Is the car yours and is the V5C Registration Certificate up-to-date ? If it is hired or leased, the matter gets much more complicated, (to the benefit of the council, naturally !!!)

Here are the bay markings shown on GSV latest view dated July 2022. For me, the markings are totally inadequate even when unworn. It appears your car was straddling two bays, but it's almost impossible to make that out from the current photos. I am just extrapolating from the 2022 view.  The sign makes no reference to parking in a marked-out bay, so something else to mention.



In terms of the PCN, you can submit an informal challenge as the driver, but councils reject >95% of these knowing that most people then cough-up to get the discount. Things are only looked at in any degree of seriousness at the Notice to Owner stage. If you car is a hire or lease car, they get the Notice to Owner, not you and you have no legal role in the enforcement process unless it is transferred. Most hire and lease companies just pay the NtO and off-charge it, adding in an "admin" fee, naturally !

First a couple of questions: -

1.Are you prepared to stand your ground and take CoL to London Tribunals ? You would have to risk the full PCN penalty of £110

2.Is the car yours and is the V5C Registration Certificate up-to-date ? If it is hired or leased, the matter gets much more complicated, (to the benefit of the council, naturally !!!)

Here are the bay markings shown on GSV latest view dated July 2022. For me, the markings are totally inadequate even when unworn. It appears your car was straddling two bays, but it's almost impossible to make that out from the current photos. I am just extrapolating from the 2022 view.  The sign makes no reference to parking in a marked-out bay, so something else to mention.

https://maps.app.goo.gl/22gthSbtujGigyCs8

In terms of the PCN, you can submit an informal challenge as the driver, but councils reject >95% of these knowing that most people then cough-up to get the discount. Things are only looked at in any degree of seriousness at the Notice to Owner stage. If you car is a hire or lease car, they get the Notice to Owner, not you and you have no legal role in the enforcement process unless it is transferred. Most hire and lease companies just pay the NtO and off-charge it, adding in an "admin" fee, naturally !

Hello, thank you for your reply and the GSV which is really helpful.

1 - I would have no issuue paying a fine when clearly in the wrong, but this just feels very unjust. The bay markings are non-existent, especially when compared to the GSV view from 4 years ago. I was indeed parked between bays MS5 and MS6 (extrapolating from GSV) but as the driver photos show, those numbers and markings are completely worn now and no longer visible. So yes, I think I would want to take this to Tribunal - I can't see how an independent judge could rule in favour of CoL when the bay markings are so faded. In fact, driver took a photo of the other side of the road and the markings for DMS2 Disabled bay are very clearly marked, just as they are in GSV. (Can post the photo if necessary)

2 - Car is mine and V5 is up-to-date.

The small line visible in the council evidence is the start of Bay MS6 (in GSV) where the nose the "plantmovements" van in GSV is. As the driver photos show, there are no other bay markings any longer visible.

Given car is mine, do I submit an informal appeal now, or wait for NtO to come through?

Many thanks for your time