Free Traffic Legal Advice

Hello

I have received PCN on a hire vehicle (first link below).

I was parked next to a bathroom shop with hazards on for loading of large item, corner of Ley Street and Cranley Road.

The PCN states that I drove the vehicle away which as shown in the photos (links below) is clearly not the case due to the traffic on  the road and the officer was not prevented from serving PCN.  I even stood next to the officer and took a photo of his uniform in case something like this did happen.  He did not attempt to give me a PCN.

Please advise on grounds I can appeal this PCN.  Thanks


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Yes the PCN carries my name and address.

The following clause is in the agreement for Renter obligations: (viii) pay any administrative fines, fees, charges, costs, penalties, or other fines that are imposed, issued or incurred in connection with the Renter's usage of the Vehicle during the Rental Period (including usage of the Vehicle by Authorised Drivers or other third parties who are permitted by Renter to use the Vehicle), such as fines or fees for illegal parking or speeding, non-compliance with bus lane, congestion charges, tolls or violations of the rules of the highway or traffic offence or contravention in any country, in all cases, to the extent permitted by law and not caused by Owner;

Below is the letter contents sent to me by email on 25 October 2024.



Dear Customer,

We were recently notified about a traffic violation notice for a vehicle rented to you at the time of the offence. As per our
rental agreement, we are notifying you of your liability.

As the owners of the vehicle, we are required to provide the hirer details to the relevant issuing authority who will in turn re-issue the fine to you. Once you have received this you will be able to respond, pay or appeal directly to the authority.

Please note that if the reduced amount of the fine is applicable, you will still have the opportunity to pay this when the fine is reissued to you.

In the case of speeding offences, once the fine is reissued, you will need to respond to the Police directly using the form they
provide. As a reminder, your signature on the rental contract gives Enterprise full authorisation to process any applicable
charges for associated administration fees.

We will attempt to charge the card used for the vehicle hire. Note: The administration fee is NOT part or full payment of the
fine. You will need to pay the fine separately. Details of the offence and your rental agreement are listed below.
Full details will be available once the fine is reissued to you.

Yours Sincerely,
Traffic Violations Department
Enterprise Mobility
Operating
Enterprise Rent-A-Car
National Car Rental
Alamo Rent-A-Car

Reference ID : 100582950
Issuing Agency : London Borough of Redbridge
Citation Number : AF08101513
Citation Issue Date/Time : 16/10/2024 @ 12:55
Location Of Offense : CRANLEY ROAD
Plate Number : RF24ZBT
Admin Fee Due : £35.00
Violation Type : PARKING
Enterprise will not pay the charge. You will be able to respond, pay or appeal directly to the authority when you receive the
notice.
If you have any querie

Date of Service deemed 4th.December = day 1 of 14day period for submitting reps inside discount period.

Please post a draft of why you think this PCN should be cancelled and post here for comment before submitting - but do not miss deadline.

Conscious of timelines so if anyone has comments on the below draft please share your feedback.  Thanks

@NTIAEP - Does this sign apply to the opposite side too (side of plumbing shop facing Ley St)?

I would hazard a guess and say "yes", but I'm sure the more learned on the forum will confirm or otherwise.  The GSV is from 2020 so might be an idea to check what signs/road markings etc. there are in the present day.

There isn't a NTO, this PCN is it..next stop adjudication if reps unsuccessful.

IMO, the sign isn't relevant to the contravention which is stated in the PCN i.e. simple waiting where not permitted.

OP, what were you loading and was it pre-ordered or were you simply shopping?

Loading/collecting is an exemption to the restriction but for this a vehicle must have been essential for the carriage of the item, you should have been parked as close as feasible and not been there longer than necessary.

Do your facts fit?

As regards the CEO, the PCN recites both reasons why this type of PCN may be served i.e. prevention and driving away before they'd finished preparing. It's not all about preventing service. IMO, it's inevitable that the CEO's notes are clear on the circumstances and these support the authority issuing the PCN, therefore it's going to be your word against theirs.

Your photos and account aren't clear. As you were obliged to park, collect and depart smartly I'm surprised you had time to photograph epaulettes. But it's your account and you were there.

@HCAndersen I was collecting a bathtub from the plumbing shop and hence parked as close as possible.  The vehicle was visible from the shops side window and when I was at the till I saw the CEO and rushed out to move the vehicle.  While stuck because of the traffic I asked the CEO from the vehicle of I can stay here because loading large item and he said I had to park at rear which was obviously occupied at the time.

I took photo of his epaulette because earlier this year I had a CEO near my vehicle when I was in a parked bay and sat in the vehicle trying to figure out Ringgo because the parking machine was out of order.  He didn't affix any PCN nor was prevented from doing so but then I received a PCN by post!  After that I thought best to take photo of his epaulette if anything similar happens as same area which now has.