Free Traffic Legal Advice

I've attached the Notice to Owner.

I'm travelling tomorrow so I'm looking to send the notice to owner today.

What do you think of the following?

I am writing to challenge the alleged PCN based on the grounds that the contravention did not occur. At 19:15 on 20th October 2023, I had
parked my vehicle on the basis that the resident permit restriction was applicable from 8:30am to 6:30pm given that this was the time plate in closer proximity to where I had parked my vehicle. Directly opposite my vehicle, on the other side of the road, the same parking restrictions applied from 8:30am to 6:30pm (please see enclosed evidence). Further than the 8:30am to 6:30pm time plate from my vehicle, there was another time plate with a parking restriction change from 8:30am to 8:30pm, however the changeover of the parking bays indicated by the demarcation lines was covered by another vehicle which was parked at the time I had parked, and there was therefore no way of knowing the separate parking bay was in enforce. The response by Lambeth Parking Services to my initial representation stated "there are demarcation lines separating the parking bays with the accompanied time plate", however this response did not consider the situation I had explained of there being a vehicle covering the demarcation lines separating the bays at the time I had parked.

According to the Traffic Code, where there is a change in parking bays, templates should be side by side, with arrows pointing in the direction of the respective bays being shown, however in this case, the time plates were on two separate poles. Furthermore, the Traffic Code states that signs/time plates should be sited in line with the transverse lines separating individual spaces to emphasise that a particular sign does not apply and in the instance of my case, where a vehicle had covered the demarcation line, there was no way in knowing that a different parking restriction applied - the placement of the time plates completely opposes guidance and laws outlined in the Traffic Code.


I request a review of my appeal on the ground that the separate parking bays were only indicated by the demarcation lines which were concealed at the time by a vehicle and that driver confusion was not minimised as practically as possible by the traffic authority given that the separation of the parking bays was not indicated by time plates being placed where the demarcation lines are nor were they placed side by side as stated in the Traffic Code.

I've also selected the alleged contravention did not occur over the traffic code which is alleged to have been contravened was invalid; would you agree with that?

Thanks very much!

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Hi Mr Mustard,

I appreciate yourself and everybody else has busy days, I was by no means rushing you or anyone, I was simply wanting to take away the workload and write it myself for it to be checked. Stating that I was travelling, was not a way in making it urgent but an excuse to showing why I had written it so quickly - tone sometimes does not come across in writing. Furthermore, I had only received the notice to owner letter yesterday so I posted it here as soon as I could.

I recommend that you don't make your own representations as although the facts of the bay lines & signs are easy to deal with the technical arguments are better handled by someone like me who has been round the PCN block 2000 times with 1700+ wins.

I think the Notice to Owner is deficient in that:

- it does set out that the council can consider other reasons than the ones listed to cancel the PCN but doesn't include the phrase 'compelling reasons' which is in the legislation.
- Just above 'payment options' it sets out that the Notice of Rejection will tell you how you may Appeal if rejected. The Notice to Owner should do that by telling you the 'form and manner' of how to Appeal.
- In the 'making representations' section I think the line about 'lack of evidence' fetters the dicretion of the council. Their duty is to consider any representation which is made, whether supported or not by evidence.
- The council refer to the 'Parking and Traffic Appeal Service'. PATAS is no longer called that, since 2015.

Lambeth usually show up to tribunal Appeals. The representatives know me well & that they will be in for a friendly but fierce fight.

I can be emailed at mrmustard@zoho.com