Free Traffic Legal Advice

here are the first 4 photos of the signage

Apologies, @Incandescent replied, but I locked myself out of my account and had to register another user.
The original topic was posted on the 20th January.

I've deleted yr original thread: please don't lose yr log-in to this one

What happened in yr Bromley footpath case?

what are my chances with this PCN?

it was dark the first two times I parked and I didn't see the signage. I didn't get a ticket because the charging only starts at 9am.

Thanks

terms board and charging times

No. They are round the corner from where I park, which is nearer the entrance to the car park. I only discovered the payment machine and board after I had got the PCN.

As I see the evidence:

Just look at the council's photos and the single, IMO very telling, one posted by you(the second in reply #4 of 27 Jan.)

The car park is shaped like half a square i.e. 2-sided. You parked on the left of the 'first' side as you enter from the street, yes? (the CEO's photo showing you car with the wooden fence to the rear.)

There are cars to either side of where you were parked, therefore you were not parked in the first space on the left.

Your photo shows a large and clear sign attached to the Centre's wall opposite the first bay. It states:

Charging Hours
Opening Hours.

There is a light immediately above.

You had to have passed either this sign or the payment machine and further instructions which are situated 'out of sight' around the corner on the second side in order to exit the car park.

Based on this objective evidence, what would be your chances at adjudication?

In an ideal world, perhaps there should be 'Have you paid' signs situated in the car park and further reference to where payment could be made and the Ts and Cs. However, the large sign which IMO would be assumed to have been illuminated by the light above does rather cover this point and where would an adjudicator think that the council's duty to convey info ended and yours as a diligent motorist began? Who knows?

But you're not at adjudication and you don't know whether the council's reasoning would rely upon the clear sign. You can but try.

Hello,

I recently got a reply to my online challenge for this PCN:

************************************


ROYAL
GREENWICH

0300 332 0202 (Payment Line only)

Parking Services
Royal Borough of Greenwich
PO Box 1621
Century House
I The Lakes
Northampton
NNI 9lA

Mr Thomas xxxxxxxxxx
xxxxxxxxxxxx
xxxxxxxxxxx
Bxxxxxxx

Date 18/02/2025

Dear Mr Maxwell-aylwin,

Penalty Charge Notice: GR14613229
Vehicle Registration: AP06LCY
Date of Contravention: 18/01/2025
Location: ELTHAM CENTRE CAR PARK

Thank you for your recent communication regarding the above Penalty Charge Notice. The contents of your letter have been given careful consideration.

The Council has agreed set criteria and policies in respect of representations of mitigating circumstances made following the issue of Penalty Charge Notices. The information, which you have provided and all the points that you have raised have been examined in detail against these criteria. In addition, the notes, recorded by the Civil Enforcement Officer at the time of the contravention, have been checked.

Having considered the facts, the Council regrets to inform you that it is satisfied that the Penalty Charge Notice has been correctly issued and payment of the charge is due.

The Penalty Charge Notice (PCN) was issued to you because your vehicle was seen parked in a parking bay whilst not clearly displaying a valid pay and display ticket.

We have investigated the circumstances raised in your correspondence and have made the decision to not cancel your notice. The reasons for our decision are set out below. along with the option available to you at this stage.

You have stated in your correspondence that you did not see the P&D machine or the signs and markings for the restriction. However, this does not warrant the cancellation of the PCN.

You were parked in a Pay & Display bay without clearly displaying a valid Pay & Display ticket. The Civil Enforcement Officer checks all seats and foot wells of the vehicle to check if a Pay & Display ticket can be seen. As your vehicle was parked without a valid ticket or a virtual parking session. the PCN was served correctly.

I acknowledge the points you raised in your challenge. but would add that it is the
driver to be aware of, and to adhere to the relevant signage, or to seek arrangements to ensure their vehicle is parked without contravening the restrictions in force.

The Traffic Management Act 2004 provides that once payment is made the case is closed and the right to appeal further is lost. If you have made a payment with your appeal. it Is returned in case you wish to make a formal appeal.

You now have a choice of actions. You can either accept the Council's decision and pay the penalty. If payment is received within 14 days from the date of this letter, the discounted amount of £40.00 will be accepted. If payment is not received within this time, the full amount of £80.00 will be due.

How to Pay

Online go to: www.pcn.royalgreenwich.gov.uk and follow the online instructions.

By Telephone - 0300 332 0202 (24 hour automated service) using a debit or credit card.

By Post: Please make cheque/postal order payable to "Royal Borough of Greenwich" and write the PCN number and vehicle registration number on the back. Please send your payment to: Parking Services, Royal Borough of Greenwich, PO Box 4773, London SE18 6YD

In Person - By cash, postal order, cheque or credit/debit card at Royal Greenwich cash offices

Alternatively, if you do not accept the decision, you have a right to pursue a formal appeals process. You should be advised, however, that taking the issue through the appeals process would lose you the right to pay at the discounted rate. The formal procedure is set out in the Traffic Management Act 2004 and must be strictly adhered to. There is no action for you to take until you receive a Notice to Owner. This document will be sent to you automatically if payment is not received. You can make
your further representation on the Notice to Owner, which then forms the first stage of the formal appeals process. Please note that as there is a legally prescribed procedure, the Council will not enter into any further correspondence until after the Notice to Owner has been sent to you.

Yours Sincerely,

Parking Services
Royal Borough of Greenwich

************************************



What should I do now?

Many thanks,

Thomas