Free Traffic Legal Advice

Contravention date: 14/04/2024
Online challange via email: 16/04/2024
Response of no considering: 19/04/2024


I wanted to share an experience I had recently while visiting Southend Sea with my family on April 14. I used Parkopedia to find what was indicated as free parking in the area. Based on this information, I parked my vehicle away from any signage, assuming it was permissible.

To my surprise, upon returning to my vehicle, I found a parking ticket. I immediately reached out to challenge the ticket via email.

Today, I received a response stating that my explanation was not considered valid, but I was offered a discounted rate to settle the fine.

I'm reaching out to this forum seeking advice and guidance on how to proceed further. Is there anyone who has experienced a similar situation or who might have insights into contesting such tickets effectively?

Any help or suggestions would be greatly appreciated.


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PCN
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Representation made:
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Response:
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Very puzzling because Stanley Road is not near the Kursall, which stands on Southchurch Avenue (A1160), and here it is: -
https://maps.app.goo.gl/bRGVdc87XpJ5xPTz9

However, further up Southchurch Avenue where one turns into York road, giving access to Stanley Road is this sign,
https://maps.app.goo.gl/9EpqQfEthtbEe51L9
 indicating a Permit Parking ZOne that requires no signs or lines inside the zone, although I see there are repeater signs. You need to tell us exactly where you parked, preferably with a GSV link and pointing out the location. Also tell us your route to the parking location.

Here are the signs at the other end of York Road,
https://maps.app.goo.gl/i9MVcYovMeAH9Dgw9
but this is 2012, if you look at GSV for 2023, the signs are not clear at all, one being turned round and the other obscured by trees.

Thanks

I was exactly parked at >>>>>>> https://maps.app.goo.gl/7tyDnLXoU6ixSdfu6

coming from kursaal on Southchurch avenue then turned left to york road exactly as you stated where the sings are on entrance >>>>>>https://maps.app.goo.gl/9EpqQfEthtbEe51L9

and exited the street from other end of york road to Queenway road >> https://maps.app.goo.gl/2i7aAkKj3exrNNjCA

Route taken. starting from southchurch avenue and exiting on queensway and parked at stanley road




Dashcam footage of entering and exiting the area.





Regards.

So you didn't notice the signs as you entered York Road, then ? 

The whole area is a permit parking zone. What also seems to have mislead you is the repeater sign where you parked is shown in GSV June 2023 turned round so it doesn't face the carriageway. If you look at the previous GSV view (November 2020) the sign is the correct way round and right by your car.
https://maps.app.goo.gl/ow4yiz3tusgqFgfu6

It's now your decision as to whether to take them all the way to adjudication, or cough-up the discount. I don't like the location information, which, if this was a postal PCN to the owner, would be grounds for cancellation on wrong location, but here the PCN is served to your car, and the street name is correct. You could argue that you saw no repeater sign, and had missed the entry sign due to traffic requiring your attention when turning, but there are two signs that seem clear enough on GSV. It would be a gamble in my opinion.

Given my current situation with a pending representation and dealing with a county court private charge notice claim, I'm inclined to consider taking advantage of the discount and settling the fine. It seems like contesting this further could indeed be a gamble, especially considering the presence of clear signs in the area.
While I appreciate your suggestion about the potential grounds for cancellation based on location information, I agree that since the PCN was served to my car and the street name is correct, arguing on these grounds may not be very effective.
Your input has been valuable in helping me weigh my options. I'll proceed with paying the discounted fine and focus my efforts on resolving the other outstanding matters.
Thank you again for your assistance.
Best regards.

@chopwell20 that's a shame as you'd have very strong grounds to appeal based on Paul Bateman v Derbyshire County Council (DJ00037-2209, 10 November 2022), and one of us would have undoubtedly offered to represent you at the tribunal (I represented Mr Bateman).

@Incandescent going forward please make sure to check for telephone numbers on the back of the PCN before giving advice.

God, yes !!  I thought this issue had been put to bed aeons ago. Obviously not !  However, in his last post the OP seemed to have quite a lot on his plate already. No excuse though. I shall be more diligent in future.

Just thinking though. Could this argument be overturned by an adjudicator saying it is so trivial it's de minimis, despite the case in the High COurt ? For instance, if the call took 10 minutes, it would cost the PCN recipient 10p more against a discounted penalty of £35.

@chopwell20 that's a shame as you'd have very strong grounds to appeal based on Paul Bateman v Derbyshire County Council (DJ00037-2209, 10 November 2022), and one of us would have undoubtedly offered to represent you at the tribunal (I represented Mr Bateman).

@Incandescent going forward please make sure to check for telephone numbers on the back of the PCN before giving advice.

Thank God .. havent paid it yet.


back of the PCN as listed above and here it now

now the step is to wait for Notice to Owner right!

Correct
Are you the keeper on the V5 Registration Certificate, and is the address up-to-date and the same now as it was on the day of the alleged contravention ?

Thanks, soon i receive anything will be posted promptly here for further instructions.

Many Thanks

@cp8759 Hi hope you are well. Thank you for your time as advised please see this for your kind attention .

Hello again.

I have received NTO today.
as advised please see the pictures attached.




Thanks