planning to go with something like this. please provide feedback. I plan to submit tomorrow. Thanks
I am writing to formally challenge the Penalty Charge Notice for the alleged contravention of “parking with one or more wheels on any part of an urban road other than a carriageway.”
I believe the PCN was issued incorrectly for the following reasons:
Vehicle Position:
The council's photographic evidence clearly shows that my vehicle was parked entirely on the tarmac hardstanding of the Swan Hotel's car park and not on the verge. While there may have been a minor overhang of the bumper or one wheel, this is negligible and falls under the legal principle of “de minimis.” As such, the contravention alleged did not occur.
Signage and Ambiguity:
The "No Parking on Verge" sign visible in the photos is positioned in such a way that it applies to the area behind the sign (i.e., further onto the grass verge). My vehicle was parked on the hardstanding in front of the sign, making the restriction ambiguous at best.
Incorrect Contravention Code:
The contravention code cited in the PCN is incorrect. If there were a valid reason to enforce a penalty, the correct code should have been for parking on a footpath or private road, as detailed in Annex B of the Secretary of State’s Statutory Guidance. The use of an incorrect code invalidates this PCN.
Private Property:
My vehicle was parked on private land owned by the Swan Hotel or its parking operator, as indicated by the signage at the car park entrance. The council does not have jurisdiction to issue PCNs on this land without a clear and applicable Traffic Regulation Order (TRO), which I believe does not exist in this case.
For these reasons, I respectfully request that the PCN be canceled.
I look forward to your response and am confident this matter can be resolved promptly.
