Free Traffic Legal Advice

Hello. A family member has received this parking ticket - Parked for Longer Than Permitted. It was issued here.

https://www.google.com/maps?ll=53.945268,-1.047748&z=18&t=m&hl=en-GB&gl=US&mapclient=apiv3

I have uploaded an image of the ticket that was issued to the dropbox link below. I was wondering if there are any grounds for appeal? Thank you.

https://www.dropbox.com/scl/fo/gudsystjhle7nmy1gvgva/h?rlkey=7jdsl6kp00qz1t5fdx7glo4er&dl=0

Thank you, in advance.

Hi Incandescent,

Please see the following:

Front: https://www.dropbox.com/scl/fi/ba6cajmly62ogoj28ciz6/Parking-Ticket-Front.jpeg?rlkey=fm81obr0kxpkya5zzernb6s1s&dl=0

Back: https://www.dropbox.com/scl/fi/pxvbj0srns6cm5693u53q/Parking-Ticket-Rear.jpeg?rlkey=r6v7io3an4horj0gish1tpo8b&dl=0

If you spot any fatal errors of content, that would be much appreciated.

Good afternoon Incandescent,

Having looked at the link - it appears that this is a link to the Equality Act 2010 - is this correct?

I looked at Chapter 1 of The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022.

https://www.legislation.gov.uk/ukdsi/2022/9780348232752/part/2/chapter/1

It appears that the notice does not include the necessary information -

-ie it does not state:

(ii)any such representations made outside the period of 28 days beginning with the date on which the notice is served (“the payment period”) may be disregarded;

If so - would this be a suitable grounds for an appeal? Would you suggest any other avenues which your expert eyes may have spotted?

Best

No apology required incandescent!

It appears that the notice posted on the car does not include the necessary information as dictated by the regulations.

-ie it does not state:

(ii)any such representations made outside the period of 28 days beginning with the date on which the notice is served (“the payment period”) may be disregarded;

If you agree with this reading - would this be a suitable grounds for an appeal? Would you suggest any other avenues which your expert eyes may have spotted?

Incandescent,

Thank you. I see the text which is missing namely section C. I appreciate your time and patience in guiding us.

I was planning to send the following in via an informal appeal.

Do you feel that this is sufficient, Incandescent?

I am writing to request that the following PCN be cancelled. It does not contain the the necessary information which is set out in The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022.

Namely, Chapter 3, Section 1:

Information about right to make representations or appeal to be included in regulation 9 penalty charge notices and enforcement notices

3.—(1) A regulation 9 penalty charge notice must include the following information—

(a)that a person on whom a notice to owner is served may, in accordance with these Regulations, make representations to the enforcement authority against the penalty charge and, if those representations are rejected, appeal to an adjudicator;

(b)that if, before a notice to owner is served, representations against the penalty charge are received at such address as may be specified in the notice for the purpose those representations will be considered by the enforcement authority;

(c)that if a notice to owner is served despite the representations mentioned in sub-paragraph (b), representations against the penalty charge must be made to the enforcement authority in the form and manner and at the time specified in the notice to owner.

This notice does not contain sections B or C.

Therefore, as this PCN is not compliant with the regulations, I request that it is cancelled.

Hello! The appeal was rejected - letter attached below.

Would it be worth resubmitting once the NtO is received on the same grounds?

https://www.dropbox.com/scl/fi/5k4jv78e1huln2bsf9txu/Notice-of-Rejection-Redacted.pdf?rlkey=dffgx2xf2vejosx1hg1l6xtua&dl=0

Hi, what do you think the chances of this winning either at formal appeal or adjudicator? I think that we have a strong case, if the PCN does not contain all the information which it is required to? Best,

Just wait now for the notice to keeper then submit your formal reps (appeal) using the same argument (+ things wrong with NtK) - you will probably get a rejection again and then it will be on to adjudicator I've just got to the adjudication stage with my own ticket.

Post the Notice to Keeper when you get it

Note dates when you get any letters from the council regarding the PCN.

Thanks - is yours also similar ticket with York?

Yes I agree @Incandescent - I think that it is clear the PCN doesn't contain all the info that is necessary, but that will be tested by the NTO reps / adjudicator?