Free Traffic Legal Advice

this PCN

Please post it up, all sides. Leave everything in unless there is a name and address on it.

OK. You say you parked on your relative's driveway for a few minutes, but the PCN is for parking on a restricted street during the restricted period. So where was the car exactly ? The PCN will be for parking on a single or double yellow line.
There may well be photos taken by the CEO, so if you can get these off their website and post them here it would greatly help to see if you have a case or are 'bang-to-rights'.
It would also help of you can post a GSV link to the location telling us exactly where the car was parked.

Every Council photo shows the car fully on a carriageway regulated by a SYL having been served with a PCN.

If the OP has photos of the car elsewhere, then it must be because it was moved subsequently.

Several of the photos show a third party next to the car. OP?

As regards the evidence to date, if the SYL was in force and correctly signed then the contravention looks to have been established.

Hi, you are right, it is a little bit away from the driveway or dropped kerb. Driveway already had cars on it so we could not put it there. We were there to drop off food for our elderly relatives, were there for may be about 10 minutes, we saw the enforcement officer and ran straight away to speak to him but he was not ready to not put the PCN.

As you can see in the footage, he did not even observe for a minute and straight away put the PCN. The clock on the CCTV is about 21 minutes behind.

I will attach the route taken to enter the place and cctv footage.

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There is a glaring flaw in the Pcn on which I have won twice at London tribunals and CP8759 has at TPT. The 28 days should be from the date of the alleged contravention the council not having noticed the wording change in may 22. It does not matter that the two dates are nearly always the same.

I can do all the writing on this. Email me at mrmustard@zoho.com

Thanks, I will email you.

Tribunal decision 2230448785, a Hounslow PCN, follows:

Mr Dishman., who appeared for the Appellant takes a number of points as set out in his skeleton argument. Of these two seem to me to be persuasive.

He submits that the wording on the sign in which the Appellant’s vehicle was parked does not match that provided for in the relevant Traffic Management Order. The former contains no references to the inclusion of business permits, or the exclusion of bank holidays and adds a reference to a No Return period that does not appear in the TMO. The Traffic Signs Regulations and General Directions 2016provides that this and many other signs s must only be placed to indicate the effect of an order etc. As the sign does not correctly reflect the effect of the TMO it is non-compliant.

Mr Dishman also submits that the wording on the PCN is incorrect. It seems to me he is right. Schedule 2 Para 2 (d) The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 provides that a PCN issued under Regulation 9 must state “that the penalty charge must be paid within the period of 28 days beginning with the date on which the alleged contravention occurred”. The PCN in the present case states that it must be paid within 28 days of the date on which this Penalty Charge Notice was served. Although the two dates will of course often be the same, as the PCN in this case does not state what it is required to state it too is non compliant and no penalty could be demanded on the basis of it.

The Appeal is allowed on both these grounds. In the circumstances it is unnecessary to come to a view on the other points raised by Mr Dishman.