Free Traffic Legal Advice

Thank you for your correspondence received on February 4 2024, concerning the above Penalty Charge
Notice. I have viewed your mitigation and the evidence of the Civil Enforcement Officer on the day in
question.
CONTRAVENTION
The Penalty Charge Notice was issued as you Parked in a parking place or area not designated for that
class of vehicle.

MITIGATION
I appreciate you feel that the Penalty Charge Notice was not issued correctly, this was not the case.
Only goods vehicles in the process of loading or unloading are permitted to use the bay. Any other vehicle
parked here is liable to be issued an immediate Penalty Charge Notice, even if loading or unloading is
taking place. The definition of a goods vehicle is one of construction and not of use. A lorry or a van is a
goods vehicle, a car is not. As your vehicle is not a goods vehicle, alternative parking should have been
sought from the outset.

At the time the Penalty Charge Notice was issued the vehicle was in close proximity of a post mounted sign
detailing the restriction in place, with bay markings advising that it was for loading only. It is the driver's
responsibility to check their parking location prior to leaving the vehicle parked.
Please see the photographs taken, they show the vehicle was parked in close proximity of a post mounted
sign detailing the restrictions in place. I can confirm at the time the Penalty Charge Notice was issued, the
vehicle was parked wholly in the good vehicle loading parking bay.

CHALLENGE DECISION
As the relevant signage was in place you have no grounds with which I can reconsider this Penalty Charge
Notice, therefore I have upheld the Penalty Charge Notice and rejected your challenge.
I will still accept the discounted amount of £35.00, provided payment is received within 14 days of the date
of this letter. Payment can be made by post to the address shown below making sure that the Penalty
Charge Number is included, by credit/debit card by telephoning (01432) 260200 in office hours or through
the Council’s website at http://www.herefordshire.gov.uk/pay/ at any time. If you are still in possession of
the original white Penalty Charge Notice you can also make a payment at any Post Office or any Pay Zone
outlet using the bar code provided on the Penalty Charge Notice.
Please Note: We will not accept any further correspondence over this matter at informal stage. However, if
you are the registered keeper of the vehicle, you may appeal formally. If you wish to do this then you need
to leave the Penalty Charge Notice unpaid and allow it to revert to the full amount. Once this has
happened, details of the registered keeper will be sought from the DVLA and a Notice to Owner will be sent
to this named person at the address provided by the DVLA. The registered keeper can make
representations which will be considered by this office. If the representations are rejected then an appeal
can be made with the Traffic Penalty Tribunal at this time. The Traffic Penalty Tribunal’s decision is final
and binding on both parties.

Dear Hereford Council,

I am appealing PCN: XXXX due to the PCN not including mandatory information defined within the Road Traffic Contraventions (Representations and Appeals) Regulations 2022. Not following the mandatory requirements is a procedural impropriety under the Traffic Management Act 2004 and therefor the PCN is required to be cancelled.

The PCN fails to meet Part 2, Chapter 1, Section 3 (1), Paragraph C. Below is the extract of this requirement for ease of reference.

"that if a notice to owner is served despite the representations mentioned in sub-paragraph (b), representations against the penalty charge must be made to the enforcement authority in the form and manner and at the time specified in the notice to owner."

As the PCN fails to meet the mandatory requirements I kindly request that this PCN is immediately canceled.

Is it normal to have to post this off, rather than submit it online? No where does it say that there is an online option available, only post.