Free Traffic Legal Advice

Hello everyone,

I would like to ask if the following PCN is worth contesting based on your experience at the adjudicator level. I received an initial rejection and was given a 14-day period to pay half the fine before receiving a Notice to Owner (NtO) if I wish to appeal.

I parked in a resident bay to drop my daughter off at Barclay Primary School. Due to her injured leg, she was walking slower than usual, and I returned to the car just as the Civil Enforcement Officer (CEO) was issuing the PCN. The CEO mentioned he was sympathetic but had to issue the PCN and advised me to appeal. In the photos taken by the CEO at 08:59, I can be seen next to the car. I drove off immediately afterward. The CEO’s photos indicate he monitored the car from 08:53 to 08:59.

I have read the Waltham Forest PCN cancellation procedure and guidelines (https://docs.google.com/spreadsheets/d/1pVrE76_RYY6bNmEpYGbsZkxtpfIeud_BT3SKfg7TzQM/edit?gid=0#gid=0&range=B528) provided by admin cp8759.

On page 17, it mentions a 5-minute observation window for Code 12 (not 12w; what does the "w" signify?): "A pay and display ticket will only be valid if used in a shared-use bay. It will not be valid in a permit holders’ only bay. A 5-minute observation period will be given before a PCN is issued. If loading/unloading is seen to be taking place within the observation period of 5 minutes, commercial and private vehicles seen loading/unloading are allowed for a longer duration."

Could you advise if contesting this PCN is worthwhile?



[url=https://flic.kr/p/2q51Ldk]
[url=https://flic.kr/p/2q51Ldq]

Map showing parking location and school:
[url=https://flic.kr/p/2q533kF]

Many thanks,

Basically, Waltham Forest are playing hardball, (as usual). The problem is that the circumstances that gave rise to the PCN means you are asking for mitigation to be taken into account, (a per your narrative here), but adjudicators cannot consider this, they can only consider the statutory grounds as per their letter of refusal. Of course, if you wait for the NtO, and submit formal reps, then the council can again consider your submission afresh, and can at this stage allow mitigation despite their first refusal.  The only problem is that in theory, the discount option is lost, but many London councils re-offerr it at NtO stage to avoid having to prepare an evidence pack and also pay the London Tribunals fee. 

So it is something of a risk. Others on here may know the WF attitude to NtOs and their responses to them. How close to the deadline for payment of the discount are you ?

w = wrong parking zone so presumably you have a permit for Waltham Forest elsewhere.

Assisted alighting is an exemption - do you have a medical note for the injured leg?

There are though some pay bays nearer to the school although like other boroughs I think WF is now charging a minimum 30 minutes. It used to be the case you could pay for a few mins and get the 10 min grace which made using a pay bay very good value for a quick visit.