Free Traffic Legal Advice

Good Afternoon FTLA,

I am writing on behalf of a mate of mine who was issued two PCN's by waltham forest council in the space of a day whilst being partly parked on a cycle lane getting supplies from a shop opposite whilst on the job. The vehicle was not his but a company van. Both times he was parked in the same spot. The date to pay the "discounted" penalty charge has passed and now they are demanding £130.00 for both incidents making it £260.00. Is there any way to avoid paying these or is he out of luck? Your help and advice would be much appreciated. Below are the links for both PCN's and the location.






Thanks,


Wazza

https://imgur.com/a/hknMn9n
https://maps.app.goo.gl/b9bH4NH64zsATNoB6

The vehicle was not his but a company van.

What's the company's procedure with regard to PCNs(because they would get any NTOs)?

Put forward mitigating reps ASP with the objective of getting the penalties re-offered at the discount.

The theoretical defence is:

(d)for the purpose of loading or unloading goods [F6for a period not exceeding 20 minutes or such longer period as the council may permit], and—

(i)the loading or unloading of the vehicle could not have been satisfactorily performed if it had not been so parked; and

(ii)the vehicle was not left unattended at any time while it was so parked.

@reply H C Andersen That they will pay PCN'S on the job, however there is some contractual obligation that he buys materials from a partner of the company and not just any store. He feels like the fleet team will use that against him and not pay the charges...

He's missed the 14-day discount therefore whether it's re-offered by the authority is in their hands.

Get apologetic reps submitted IMO.

He feels like the fleet team will use that against him and not pay the charges...

This is not their choice. They cannot pass the buck under parking regs, the buck stops with them(this is 'owner'* liability, not driver).

Which could add another layer of complexity..is the company actually the registered keeper or is the vehicle leased? If the latter then the lease company would get the NTO.