Free Traffic Legal Advice

Hello everyone,

I’ve now received a Notice to Owner regarding an alleged contravention for “parking wholly or partly in a suspended bay.” I’d like advice before submitting my formal representation.

Facts:

I parked in a pay & display bay close to my flat, outside of operating hours (08:30–18:30), so at the time of parking, it was a free bay and I was not required to pay or display.

I parked the night before the alleged contravention. I do not recall seeing any “Bay Suspended” sign when I parked.

When I returned to my vehicle the next morning, there was no PCN on my windscreen. I only learned about the ticket when the Notice to Owner arrived by post.

The council’s evidence photos show a suspension notice with no “date of issue” on it. The sign simply lists the start and end dates of the suspension but does not show when the notice was erected.

Their photos also show the PCN simply tucked under the wiper — so it could easily have been displaced or removed.

I hold a valid resident parking permit (£140 per 3 months), and I normally park in the resident bays, but on this occasion used a pay & display bay since it’s closer to my flat and it was outside controlled hours.

My Questions / Grounds for Challenge:

Signage validity: Is the lack of an “Issued” or “Erected” date on the suspension notice enough to argue that the sign was not lawfully displayed, since there’s no proof when it went up? (Meaning the vehicle could have been parked before the suspension began.)

Service of PCN: Since I never found a ticket on the car, can I argue improper service — i.e. that the PCN was never affixed or blew away, and therefore the NtO is invalid?

Adequate notice: Does the fact I parked outside enforcement hours and saw no suspension sign at the time strengthen my case that the restriction was not adequately conveyed?

Fairness / proportionality: Given I pay £140 per quarter for a residents’ permit, is it worth including a fairness argument that a £240 charge for unclear signage is disproportionate?

Best strategy: Should I focus my formal representation mainly on the missing “Issued” date and unclear signage, or also raise the missing PCN and fairness arguments?

Details:

Contravention code: unknown (not on Notice to Owner) – Parked wholly or partly in a suspended bay or space.

Location: Bonchurch Road, W10.

Signage: yellow suspension notice without an “issued” or “erected” date shown in council photos.

No PCN found on car – only Notice to Owner received by post. However, photos do show evidence of a PCN being attached.


Any guidance on how best to structure my formal representation or which points are strongest in law would be hugely appreciated! Thank you.

LOCATION LINK:

https://maps.app.goo.gl/KREFPUNi91V7o2617


IMAGES:

https://ibb.co/jv8ZnWWk
https://ibb.co/qMHHFHzs
https://ibb.co/GQ76Rkv7
https://ibb.co/4g5yx60f

Thanks Stamfordman,

Do you think the fact that the PCN wasn't properly attached is a mitigating factor for why I should receive the discounted charge?

I realised the suspension notice in the morning when I went back to my car yes, and checked for a PCN (but there was nothing attached at that point).