Free Traffic Legal Advice

Hi all,

I've received a PCN for reversing into a no entry restriction. I'm a local resident and have a resident parking permit, there were 3 resident bays behind me and 2 ahead. The 2 ahead are my preference but were full so I reversed back to a spare space in the row of 3. I wasn't aware this was a no entry (i've lived here a few years). Although the road marking is old the "no entry" signs and camera are new, i've only just noticed them since the ticket. I knew it was a one way road though but thought I was ok as was reversing into a parking spot (as is clear on the video footage in the PCN).



This is a streetview image with the new no entry signs:



I don't think i've got much of a case, I know you can reverse to a spot on a one way road but I think the no entry sign negates that option.

Thanks for any advice.

The statement under the picture on the PCN “If full payment has not been made before the end of the period of 28 days beginning with the date of this notice, a Charge Certificate may be issued increasing the amount outstanding by 50% to
£195.00” is the issue. Schedule I @ paras. 5(1) and (2)(a) states from the date of service.  In light of this, the PCN is invalid. Please cancel.

I wouldn't give up on challenging the contravention - you are a resident who reverse parked when you saw other nearer bays were full ahead. The video does not capture you driving head first past a no entry sign, after all.

I would make this the primary ground and follow that with a note about the PCN wording, which then puts them on notice that they are unlikely to get away with this and so they may bail out on not enforcing a contravention I think would not convince all adjudicators. 

Hi, sorry not sure which page you mean?





How does this sound:

I am challenging PCN JK15110451 on two grounds: (1) the contravention did not occur, and (2) procedural impropriety.

The PCN alleges contravention code 51J – Failing to comply with a no entry restriction (camera enforcement). At the time of the incident, I was reversing into a permitted on-street bay, for which I hold a valid resident permit. I had driven past the bay, then reversed back into it. I did not drive forward through any restriction. While the video shows a no entry marking painted on the road, I was reversing and did not see this. The manoeuvre was a routine reverse park into a familiar bay, not a deliberate attempt to enter a restricted area.

I also note that this is not an isolated incident. In PCN JK1269838A, issued to another vehicle in similar circumstances, my car is already visible parked in the same bay in the footage. This not only shows that I use this bay regularly, but also suggests that vehicles are being routinely ticketed for what is in fact a common and lawful reverse parking manoeuvre. This raises concern that enforcement in this location is being applied unfairly or in a manner that does not reflect how the space is typically used.

Separately, the PCN contains a procedural impropriety. It states: “The Penalty Charge must be paid before the end of the period of 28 days beginning with the date of this notice" which is incorrect. Schedule 1, paragraphs 5(1) and 5(2)(a) of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 require the 28-day period to begin from the date of service of the notice. This misstatement shortens the statutory response time and is grounds for cancellation.

In light of both the facts and the procedural error, I request that the PCN be cancelled.

I assume you mean this?

Thanks for the wording, just to note that as they have now raised their charges the 50% raises this one to £240 (not £195 as you stated, but it would've been that on previous PCNs):

I am challenging PCN JK15110451 on two grounds: (1) the contravention did not occur, and (2) collateral challenge.

The PCN alleges contravention code 51J – Failing to comply with a no entry restriction (camera enforcement). At the time of the incident, I was reversing into a permitted on-street bay, for which I hold a valid resident permit. I had driven past the bay, then reversed back into it. I did not drive forward through any restriction. While the video shows a no entry marking painted on the road, I was reversing and did not see this. The manoeuvre was a routine reverse park into a familiar bay, not a deliberate attempt to enter a restricted area.

I also note that this is not an isolated incident. In PCN JK1269838A, issued to another vehicle in similar circumstances, my car is already visible parked in the same bay in the footage. This not only shows that I use this bay regularly, but also suggests that vehicles are being routinely ticketed for what is in fact a common and lawful reverse parking manoeuvre. This raises concern that enforcement in this location is being applied unfairly or in a manner that does not reflect how the space is typically used.

The statement under the picture on the PCN “If full payment has not been made before the end of the period of 28 days beginning with the date of this notice, a Charge Certificate may be issued increasing the amount outstanding by 50% to £240.00” is the issue. Schedule I @ paras. 5(1) and (2)(a) states from the date of service.  In light of this collateral challenge, the PCN is invalid.

In light of both the facts and the collateral challenge , I request that the PCN be cancelled.

I have yesterday taken on another case (bus lane) and will be taking my formal complaint re their website to its final destination.

Thanks for all the help, I will submit my representation today and will update this post in a few months when they reject it...

A few days or weeks more likely.

Meanwhile, I am gathering support for this which I will spearhead.

https://www.ftla.uk/the-flame-pit/attention-all-recipients-of-pcns-from-lambeth-lewisham-andor-southwark-proposed-/

Hello again. I've had the expected rejection from Southwark. Any suggestions - assume I stick to my guns? Does seem unfair, looks like they've now moved that camera to another spot.

Here is the rejection:





And something else I noticed. The no entry signs are new(ish), however for the RH side no-entry sign (nearside to the driver) they have used the existing post which is meant for Redcross Way, it's not on Union Street. The post now looks like this:



Although you can see both in this photo it is clearly in the other street:



Also measurement A is approx 2.1m from the pavement (so below the 2.15m it should be), and B is over 3m, possibly closer to 4m from the roadside itself so surely this signpost isn't valid? Although there is still the road marking (which I had driven over the wrong direction) and the other signpost which appears to be valid but would've been hard to see if i'm reversing. I don't even think my car was fully past either post, only the road marking - does that make a difference?

Thanks for any help with a response on this one.