Free Traffic Legal Advice

Good afternoon FTLA,

Quick back story - I own a motorbike which I've stopped riding the past 3/4 years, because of this I've left it parked in the motorcycle bay outside of my flat chained without any issue. This is a fairly busy bay which is used frequently and generally always full. I've noticed that people have been tampering with my bike here and there but nothing major.

Recently though I saw that someone had moved my bike outside of the parking bay on my way to work one morning, they had slid my chain down and moved it sideways to the bay to use the space that my bike taking up. When I noticed this I moved the bike back but I left it within the bay on the edge (both wheels were within the bay).

This morning I had gotten home to see that It was moved yet again outside of the bay and there was someone parked in the spot I left my bike in.. (I have no proof of this) Someone had moved my bike outside of the bay area again & I was unable to move it back straight away. I left it and went to get some rest. When I went to move it back inside the bay later in the afternoon I saw that I had received a PCN for being outside of the bay. I have never received a ticket before because it had always been in the bay without issue but as someone has tampered with & moved my vehicle I had been issued a ticket..

Just to add to this also, initially when I went to check my bike this morning there was the PCN sticky pouch on my license plate but no official letter inside. I don't know if there would have been one issued earlier during the week as I was out of the country for the easter period and returned midweek, correct me if I'm wrong they usually stick the PCNs at the front of the vehicle not of the license plate? I'd like to assume that someone placed their PCN pouch on my license plate but I can't be certain as my bike has been continuously tampered with.

I don't have any video or photo evidence for any of this but at the same time I don't know if it would be of any use as it could be seen as fabricated.

Would appreciate any advice for this case as I'm unsure of how to fight this.

Images of the infringement:

Apologies! First time doing this.

Details are as follows:

PCN:


GSV link:

I am the registered keeper yes.

The vehicle has no insurance and has been SORN for the past 3 years.

My name & address on the V5 is correct yes.

Thanks.

Back in the old Pepipoo days, I remember a case on similar lines, and as I understand it, in order to legally be SORN, it must only be be off the carriageway. However where this is formalised in the statute, I'm not sure and memory fades.

Understood - it was only meant to be temporary until I scrapped the bike but has been a non prioritised task on my to-do-list.

As for this situation is there anything I can do to fight my case?

You can, and should, submit representations based on what you've told us, but even if the council give way and cancel, it is likely your bike will be moved again, and there's nothing to stop them serving PCN after PCN. So really you need to sort the matter out, so that you cease to use this bike parking space, which clearly is not intended for long term 24 hour a day parking.