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Penalty Charge Notice (PCN) Number: FR67606846
Vehicle Registration Number: PY60KGA
86 Not parked correctly within the markings of a bay or space
https://walthamocm.itsvc.co.uk/PCN/

Over zealous enforcement officer got me today. Can a PCN of this sort be challenged? Its the end bay with nothing but empty space after it and one tyre over the bay. I'm following the paving edge, not the white line (see my pic below or pics in the PCN).

A bit of context which make it even more frustrating - Outside our flats we have a rombus shaped area to park. These bays only started being managed by the council 2 years ago, and the white bays you see in the pics were added at this time. Before that, we had no bays and room for 10 cars to park, following the shape of the area and cars parking diagonally filling up the rombus shaped area (i hope that makes sense).
Since the council took over the space (after a consultation with (naive) residents they got the majority) they painted in new white bays perpendicular to top edge - which left 9 spaces and two dead areas on either end.

Basically on the first space i've turned in following my year long muscle memory of following the shape of the paving stone edging not the new white bays and my passenger side rear wheel is over the white line. Never been a problem in last 2 years but this officer got me today.

What do you think? Any other details/advice would be greatly appreciated.





Here's the streetview of the first parking bay I used: https://maps.app.goo.gl/GfaZ3PRSbkJVoJck9

They've given an off-street contravention which means you were in a car park, and that's confirmed by their on-street traffic order map which shows nothing but a gap there.

But a car park must have a terms board telling you what conditions apply to park there and what penalties there could be, and there doesn't seem to be one.

What's also odd is that the permit parking sign seems to be the same as the one opposite, which is on-street - can you park there too with your permit?

Interesting. and Yes, the same permit for all streets in the area 'Wood street North' it's called.
The signs are the same yes, no further signs around for this little section

There's a sign on the side of the building beside the 'No Flytipping' notice, but it's not possible to read it on Google maps.

There's a sign on the side of the building beside the 'No Flytipping' notice, but it's not possible to read it on Google maps.

I'll get a picture tomorrow

Really is. Literally just paid £75 for a parking permit too last week. I also pay an extortionate amount in flat service charges, then come out to your car outside the flat and get greeted with this.

Hopefully the above helps add more local detail

So no council car park terms.

Draft a challenge - make two points.

Contravention did not occur. For an off-street contravention the terms of the car park must be displayed including what can be penalised and no such terms are posted at the location.

The alleged contravention is at the end of the bay and parking places used to be set out diagonally. As a resident here for x years I simply made a trivial mistake on autopilot according to the old layout and did not take any space in an adjoining bay.

Thanks so much for your help here @stamfordman. Does this sound ok? Used ai as not my forte

I wish to challenge the above Penalty Charge Notice on the ground that the alleged contravention did not occur.

1. Contravention did not occur – inadequate signage and unclear terms

The alleged contravention is an off-street parking contravention under Code 86: “Not parked correctly within the markings of a bay or space.”

For an off-street car park, the terms and conditions of use — including what constitutes a contravention and what may be enforced by way of a penalty — must be clearly displayed at the location. At this site, there is no signage setting out the parking terms or explaining how bays must be used or what constitutes incorrect parking for the purposes of enforcement.

In the absence of clearly displayed terms and conditions governing the use of parking bays, the authority has not properly conveyed the restriction, and therefore the alleged contravention cannot be said to have occurred.

2. Trivial deviation / de minimis

The allegation relates to parking at the end of a bay. Historically, parking bays at this location were marked diagonally. As a resident of approximately [X] years, I parked out of habit in accordance with the former layout.

Any deviation from the current bay markings was minimal and entirely unintentional. Crucially, my vehicle did not encroach into or prevent the use of any adjoining bay, nor did it cause obstruction or inconvenience. The vehicle was parked wholly within the available parking area.

Given the trivial nature of the deviation, the principle of de minimis applies, and enforcement under Code 86 in these circumstances is disproportionate.

For the reasons above, I respectfully request that the Penalty Charge Notice be cancelled.

Yours faithfully,