Free Traffic Legal Advice

Location: Bridge Lane, NW11

Parked next to the entrance to Brent Park on Bridge Lane, received a PCN for allegedly parking over a dropped kerb, see below.

The car wasn't obstructing the entrance at all and was hardly over the dropped kerb if at all depending on what angle you are looking from. This seems extremely harsh.

I can't see any images showing up on the online PCN viewer, not sure why. Maybe it's too soon?. They seem to be showing up now.



Notice Number: AG49336060


To make matters more confusing we are planning to move abroad in the next few weeks and sell the car, so if we do appeal we might not see their response in a timely manner. Not sure if this makes things better or worse for us?

Your advice is very much appreciated.

Thanks very much for getting back to me.

I believe that the reason for the dropped kerb is to allow access to the park for emergency vehicles (and council maintenance vehicles that do enter from time to time). But the car wasn't parked in a way that would obstruct any emergency or other vehicle from getting into the park.

We don't have confirmed moving dates yet - but we will be checking the post frequently at least for the next week, after that we could ask old neighbours or friends to go in and check the post from time to time. Can we ask the council to send copies of their response by email (or to our new address abroad - probably not so practical as the post in our destination country is known to be slow)?

Thanks so much stamfordman. Yes we are intending to move abroad permanently but for the short/medium term we will still have bank/savings/investments based in the UK, not sure if that changes anything.

Here's my draft challenge based on your advice. I'll wait to see what others suggest.

Dear Sir/Madam,

Re: AG49336060

In reference to the above PCN I would like to challenge this on the grounds that no contravention occurred. The vehicle is clearly not obstructing the dropped kerb or any vehicular access route.

In addition, we are intending to move abroad in the next few weeks and will be selling the car so may not see any postal response in a timely fashion.

Please confirm cancellation of this PCN ASAP (in the hope that it might arrive before we move) and send a copy by email (in case it doesn't arrive before we move).

Thank you

Thanks very much, I might send the initial challenge based on the above and then will take it from there depending on how they respond.

We have a new address (abroad) already which I can give them. We just haven't moved into it yet.

We won't be changing the address with DVLA - we are selling the car so the buyer will be doing that. Once the car is sold the address it's registered to won't be ours.

I don't know at what point the council will request details from DVLA - and I don't yet know what date the car will be sold so it's difficult to see how this will work out.

Is it to our advantage to tell the council of our new address in our representation either now or at a future stage or is it not necessary / helpful to inform them of the new address at all?

Just try and get it cancelled at informal stage.

If they reject and you don't pay they must serve a notice to owner on the registered keeper, which will either be your UK address or that of a new keeper.

If you don't have a definite moving day or sale of car just say please note we are in the process of moving abroad and will sell the car to a new owner soon. Provide your email address.

I have received a response to my informal representation.
They completely ignored my comments about moving abroad though I did notice that in the top left hand corner of their letter they omitted my postal address.

Please see the response at: https://jumpshare.com/s/mx879ROOC4FYSEs0Vbeh

I guess now just wait for NTO. Car hasn't been sold yet but it might be by the time they send the NTO. If not, post has been redirected so I should get it eventually but might be delayed. (But I have in my original informal representation given them both my current/new address and my previous address so if they send the NTO to my previous address they already know I'm no longer living there).

I see on Barnet's website that an NTO has been issued. Is my next step to re-send something similar to my informal representation by email? Perhaps the below? Anything else to add / change?

Thanks in advance

Dear Sir/Madam,

Re: AG49336060

In reference to the above PCN I would like to challenge this on the grounds that no contravention occurred. The vehicle is clearly not obstructing the dropped kerb or any vehicular access route as can be clearly seen from the photos.

In addition, please note my new address as below:
<STREET>
<TOWN>
<POSTAL CODE>
<COUNTRY>

The vehicle is currently not in regular use and is being advertised for sale.

Please confirm cancellation of this PCN ASAP and send a copy of all correspondence by email as items delivered by the local postal service at my new address are impacted by substantial delays.

Thank you