Author Topic: St Albans City & District Council, Parking in residents bay without a permit, Vernon Close  (Read 254 times)

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Hi,

Have received a PCN for parking in a residents bay without a permit. Was dropping off a young baby (pre-walker) so was assisting him in alighting and getting into the house.

I would like to appeal this but not sure if St Albans will just reject it.  I have read through the forums and thought to use the reason that I was assisting a vulnerable person to alight the vehicle and also the following taking from another draft written up for a St Albans PCN:

In the first instance, I draw your attention to paragraph 8(5) of Schedule 8 to the Traffic Management Act 2004, which provides that:

  References in this Part of this Act to the enforcement authority in relation to parking contraventions in a civil enforcement area outside Greater London, are—
      (a) in relation to contraventions relating to a parking place—
        (i) provided or authorised under section 32(1)(a) or (b) of the Road Traffic Regulation Act 1984 (c. 27), or

        (ii) designated by order under section 45 of that Act,
      to the authority by whom the parking place was provided, authorised or designated;
The highways authority for roads in St Albans is Hertfordshire County Council, therefore only Hertfordshire County Council is entitled as the enforcement authority to issue penalty charge notices in respect of parking places it has provided.

St Albans District Council has no power to serve a PCN in its own right for an alleged contravention in an on-street parking place, so service of the PCN is a procedural impropriety.

In the alternative, if St Albans District Council is acting as an agent for Hertfordshire County Council, then there is a procedural impropriety because nowhere does the PCN state that the name of the Enforcement Authority is Hertfordshire County Council, this being a regulatory requirement imposed by paragraph 1(a) of Schedule 2 to The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022.

In light of the above procedural impropriety, the council's position is hopeless and it would be wholly unreasonable for the authority to reject the ground above, which is plainly unanswerable.

Further to this, the penalty charge exceeds the amount due in the circumstances of the case because, by virtue of regulation 5(2) of The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022, no penalty was payable at 6:12pm.


I have actually sent this wording before for a different vehicle and contravention and they rejected the informal appeal and I ended up just paying the fine.

I haven't contacted them yet and need to appeal by the 8th August which is the 28th day from the date of the PCN.

PCN:
https://imgur.com/a/tA7TZMe

location:
https://maps.app.goo.gl/tM9ejEfFqG7Xn8gLA

Thanks in advance!

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Your argument about the enforcement authority will only get a hearing at the Traffic Penalty Tribunal, as I can't see St ALbans council giving way on that one. Indeed I am not sure if your understanding of the legal aspect here is correct or not, hopefully our adminstrator will give an opinion.

You may well be on much stronger ground with assisted boarding/alighting, so please tell us more about what you did, and how long it took.

Do be aware that councils reject virtually all informal challenges to paper PCNs served at the roadside, as they know that most people (like >95%), then just pay up, as you appear to have done with a previous PCN. Did you know it was a zone for resident permit holders only when you drove in and parked ? The sign is here, and there may be two with one of t hem twisted round: -
https://maps.app.goo.gl/qFHyrsFZVhjfL3Y5A

The traffic order for zones like this normally contains a clause allowing deliveries and boarding/alighting passengers. So I think your best approach is probably to say what you were doing whilst out of the car. Please note, however, that the board/alight activity must only take as long as necessary; stopping to have cup of tea and a chat as well is  not permitted so you'd have to explain why the CEO was able to observe your car wthout its driver for six minutes.


Assisted alighting is an exemption but you've got 7 minutes observation on the PCN which is rather long to take a child to a house unless the house was not nearby.

So what were you doing.

No idea on the jurisdiction issue.