Free Traffic Legal Advice

*Repost from Fightback Forum*

Dear all,

I received this parking ticket on Thursday of last week. I had a gig at a venue on Brick Lane, and had managed to find a parking spot directly outside. I paid £5 for an hour of parking from 6pm - 7pm. after which the restrictions ended.

I left the gig at midnight. The last thing I expected was to have a PCN as I checked and double checked the timings. I drove off from the spot and a couple minutes later I discover the PCN tucked in the front window.



The offence is described: 'Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway'.



Please could you have a look at their evidence and let me know if I have grounds to challenge? I see faint lines marking the parking bay on one side, but no lines on the other side. The brick changes as the space becomes the footpath. I assumed as long as I was on the darker bricks, I would be ok.

All photo evidence is found via this google drive link: https://drive.google.com/drive/folders/17d1...gqh?usp=sharing

I understand I have left this later then desirable to appeal, but any help at this stage is much appreciated.


Thank you,

John

Here's the link: https://drive.google.com/drive/folders/17d1Eh9YW9vTqN-bjErlGJTNtllJbcgqh?usp=sharing

John U.K. try the link I re-posted, I've just tried it in incognito mode and it works fine.

As for the PCN, this case is relevant: Trudie Tinsley v London Borough of Waltham Forest (2210064678, 13 March 2021)

Draft reps (for the informal stage something very brief will do):

---

Dear London Borough of Tower Hamlets,

I challenge liability because the alleged contravention did not occur. My car was parked within a marked footway parking bay, as confirmed by the CEO's photos. I can only assume the CEO issued the PCN in error.

Yours faithfully,

---

The document you have received is likely to be the Notice to Owner. Please post it up here or if it's something else, post that up. At NtO stage, the discount option has gone, so it's a no-brainer to submit reps again. When they reject, they may re-offer the discount, but are under no legal duty to do so.

You might want to redact your postal address from documents before posting them on here.

Anyway you've not attached the notice to owner, you've attached another copy of the informal notice of rejection from 24 July.

Honestly I would just make the same representation again.

Yes.

For me this is a difficult one. It is obvious that there once was a bay there, but the council decided to put in a short length of double-yellow lines and to paint out the bay markings with black over-paint which has partly worn off. All double-yellow lines apply to a road, so apply to footways and verges up to the property line; in your case, the wall.

Here is the location shown on GSV July 2022.
https://maps.app.goo.gl/f3qd4Dw6vhUewGFb8
It is clear the double-yellows are placed there to allow free exit from the building. Personally, I'd be reluctant to take this to London Tribunals as the double-yellow lines are clear.