Free Traffic Legal Advice

They've given you an off-street car park contravention of parking in a restricted area, and for that there needs to be a terms board stating what the conditions of parking are and I assume there isn't one, plus there's nothing where you parked showing a restricted area.

The restricted parking zone sign suggests it has an on-street traffic order.

I can't see they can enforce this. I'll check tribunal cases.

Where were you on this map.

For convenience:

If you were loading, you weren't parked. Loading also includes necessary ancillary activities such as going to the loo. I got a ticket once when delivering my son to a college in the centre of Cambridge. They said I'd been there too long to be loading (I think it was half an  hour). When I complained and said that it was delivering him for his first term away from home, they caved in.

I would send this:

The contravention did not occur - I can see no evidence I was parked in an off-street car park, and there was nothing to see about a restricted area. I believe there is no car park terms board setting out conditions for off-street parking and I do not think this is an off-street car park.

I believe the section of the estate is instead covered by a Restricted Parking Zone, as per the entry sign, and in any case I entered the zone to carry out the exempt activity of unloading xxxxx to xxxxxx.

As this PCN was issued in error I look forward to your early confirmation of cancellation.

Actually sorry, can I check one thing:

Code 81 says:

Parked in a restricted area in an off-street car park or housing estate

It is a housing estate I was parked in.

Does that make a difference?

Sadly my appeal was rejected. Below is their wording - any thoughts?

We have considered the challenge you submitted and have found no grounds for
cancellation of the penalty charge.
The PCN was issued as your vehicle was parked in a restricted street in an off street car
park or housing estate.

We note your comments and understand that you have challenged the issuance of the PCN
on the grounds that the contravention did not occur as there was no signage to indicate that
you were parked within a restricted area. Whilst we appreciate the circumstances described,
unfortunately they do not constitute sufficient grounds for the cancellation of the penalty
charge.

Evidence obtained by the Civil Enforcement Officer (CEO), attached above for your
reference, shows that the vehicle was parked within Girdlestone Estate which is designated
as a restricted area. This is made clear from the literature displayed at the entrance to
Girdlestone Park Estate. We are satisfied that the time plate was clearly and correctly
displayed at the time in which the PCN was issued.

We would add that only estate permit holders are authorised to park within the area and in
order to obtain dispensation against the restrictions pertaining to the estate, drivers must
display their estate permits before leaving their vehicle unattended. Furthermore, the CEO
attended the vehicle and recorded that no such permit was displayed. In addition, the vehicle
was observed for a period of 9 minutes and 44 seconds before the PCN was issued and the
driver was not seen. Therefore, the vehicle was parked in contravention and the PCN was
issued correctly.

As we have found no grounds for the cancellation of the PCN and are unable to apply any
exemption to it, we will be upholding the penalty charge.we
You should now choose one of the following options:
Pay the penalty charge. We will accept the discounted amount of £65.00 in settlement of
this matter, provided it is received by 15 March 2025. After that date, the full penalty charge
of £130.00 will be payable.
Or
Wait for a Notice to Owner (NtO) to be issued to the registered keeper of the vehicle,
who is legally responsible for paying the penalty charge. Any further correspondence
received prior to the NtO being issued may not be responded to.
The NtO gives the recipient the right to make formal representations against the penalty
charge. If we reject those representations, there will be the right of appeal to the
Environment and Traffic Adjudicator.