Free Traffic Legal Advice

i received a PCN on my lease car which was parked on a single yellow line while I picked up my young daughter from school (- of which there is no on site parking and there were no available spaces on the road bays). The PCN states it was observed from 17.23 - 17.25. The photos taken show me at the car with my child and with the doors open and the report by the officer says he witnessed the car for "more than 5 minutes'. At the time I said to him "I was 3 minutes", and he said "you were FOUR". Either way the photos are of me at the car and the PCN details only 2 minutes. I appealed and it was rejected on this first round of appeal

1) Am i correct that i am entitled a short period of time to load? there a no 'no loading signs or marks on the pavement to indicate i can't load' The county council notice that arrived  in response to my appeal said loading must not be for longer than 3 minutes. Well, only 2 mins were listed on my PCN, but the statement from the officer says 5. I thought I was entitled to a reasonable amount of time.

2) I have been told that if I wish to continue to appeal further I have to wait for a Notice to Owner. This is a lease car. I'm worried they will pay the fine and charge me the fine and an admin fee. However I am told that  only after receiving a Notice to owner can I "make representations challenging it" (i'm not sure what that even means!?). My concern is I will not get this notice posted to me and as such won't be able to appeal

Thanks in advance for any thoughts. i did read all the FAQs - i'm so sorry if i've missed a thread on this!!

Your contract(nothing to do with parking) will not allow you to require your lease company to take specific action such as to transfer liability to you as the hirer. But you may ask them to do so.

But let's see the PCN, your reps and their reply first pl.

@RW468 it's nothing to do with 2 or 3 or 4 or 5 minutes, you're entitled to take as long as is necessary but not a second more.

For us to give proper advice, please post up the PCN in full as explained here.

Numerous leasing entities commonly register the lessee's name on the V5 document, thereby ensuring the receipt of correspondence. Given your possession of the PCN, you are empowered to articulate your perspective through representations to the authority.


Your representation ought to articulate that you received a Penalty Charge Notice (PCN) while picking up your daughter from a school with no parking. The PCN states a two-minute observation window, though photos show you loading your child with the doors open, and the officer's report mentions over five minutes. You believe you're entitled to a reasonable loading period, especially as there are no restrictions signposted. The council suggests a three-minute loading limit, which conflicts with the PCN's details.

That ship has sailed: I appealed and it was rejected on this first round of appeal

OP, it is frustrating when OPs start a thread, in this case on 29 Feb, 3 weeks ago, and are then asked to post the regular notices and docs following which we get radio silence despite you asking for 'Advice please!'

If you made unsuccessful reps against the PCN and were able to post on 29 Feb. then, even without seeing their rejection, it's possible to deduce that any re-offered discount has lapsed and that at any time the authority will issue a NTO to the lease company - it can't be Motobility because you would hold and would have told us that you hold a BB. So, your lease company gets the NTO and unless you've taken pre-emptive action with them you could find yourself faced with a contract charge equal to the full penalty plus any admin. fee.

Thank you so much everyone. What a helpful place. And to those of you who were upset I didn't reply for a along time - i'm so sorry! It's my first time using the forum and I didn't realise how active it was. I have jsut logged in to read all the replies!

I was awaiting getting something in the post - from either the council or the lease company. Thankfully it came direct from the council as a notice to owner letter with a link for another appeal option.

I plan to reply following @NightSoul 's advice (thank you!)

I'll keep you updated.

Thanks it's really just a standard letter though of how to appeal etc. It only says 'the vehicle was allegedly involved in the following parking contravention : 01 - park i a restricted street during prescribed hours in X road at 17.25"

It was a single yellow line parking that resulted in the PCN (not a restricted dsteeet as far as I'mn aware!) and orginal PCN states the single yellow line as the offence

^^ This.

There can be fatal flaws. How can you be certain it hasn't come as a result of a transfer of liability from the lease co ?

It may be perfect, in which case you will have merely wasted a little of you time, but it may not. It will determine the required approach.

Your description suggests it was a restricted street.