LB Barnet. 01 Parked in a restricted street during prescribed hours. IRVING WAY NW9 6AQ.
Hi
I would appreciate some advice please. Whether to pay or fight ?
I asked Mr Mustard for help on this as he’s helped me with PCN’s in the past, but he doesn’t seem too hopeful. I thought I’d ask for a second opinion.
I received a PCN for parking on Double Yellow Lines (DYLs) in West Hendon This is an industrial street, a cul-de-sac, There are street signs (one on each side, although GSV shows only one sign) that read “ Zone Ends”. PCN is timed at 07.11am
I was parked after this point. If the signs mark the end of the (CP) zone, logically, I parked outside the CPZ.
There are no signs stating what the “prescribed hours” are. Barnet say that “No signage is required to be in place stating the restriction”. and “DYL’s are always enforced at this location”. I’ve asked Barnet for the TMO, with no result. They sent me a link to their “Traffiweb” portal but I can’t find a TMO. I made a FOIA (GDPR) request over 2 months ago, but Council have not sent it. I’ve told them that I can’t assess whether the PCN is valid without seeing the TMO.
The DYL’s have at one end the required “cross bar” but at the other end, they run continuous (with a misshapen blob) into the private car-park owned/leased by the commercial tenant of that premises. Usually, DYL’s have a sign “At any Time”, these do not. There is a sign facing the other way advising that one is entering the CPZ 09.30-4.30 Mon - Sat.
NSL is Parking Contractor for Barnet Council. In the Contract documents between LBB and NSL. there is a map which shows 3 zones: “B”, “WH1”, and “WH2”. Zone WH1 is coloured Blue but Irving way is uncoloured. There is also a list of streets in zone WH1 - Garrick Road and Wilberforce Road are listed - Irving way is not. So Irving Way is not within either zone.
Barnet Council have sent me the NTO and then the formal Notice of Rejection. I still haven’t seen the TMO.
I’m not very tech-savvy, so please bear with me on the uploading.
GSV.
https://maps.app.goo.gl/rioRGd36Ns7cRM5g8 https://imgur.com/a/ofWN9UF TIA
PS. ChatGPT says if road is outside the designated civil parking contract the PCN might be non-valid because Under the Traffic Management Act 2004, only an enforcement authority (the council, or Transport for London in some areas) can issue civil PCNs.
They may appoint a contractor to carry out the work (like NSL, APCOA, etc.), but only within the areas and streets covered by the council’s enforcement scheme/contract.
