Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: SkinSoSoft on March 14, 2026, 12:14:44 pm
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Thanks again @stamfordman, I will see what they say and then make a decision as to whether I make a formal rep if I'm denied. It really does need a test case to establish the case law (if that how it works). Have appealed to their better nature first. Have a good w/e and best wishes.
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There is merit in trying to get them to use discretion but the only way to follow this through if they don't is to take the alleged contravention on at the tribunal as an adjudicator may agree that these large junction tables are not primarily pedestrian crossings in their entirety and not where you were.
There is also a ramp indicator on the carriageway that indicates traffic calming.
The gist of my draft could be reserved for formal reps should you want to continue.
I've not had time to check for other cases yet.
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Dear @stamfordman and @tincombe, thank you both very much for your input, I appreciate it a lot and I will probably meld both of your suggestions into one reply. I agree that I don't hold out much hope but it's worth a shot. Best wishes and I'll let you know what happens. Have a good rest of your week.
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Picks up some of my thoughts..
I think it's a matter of personal approach at this stage in the procedure. If you intend to go the 'I work for the NHS' approach then perhaps...
'I work for the NHS as a **** and have been parking here without issue approx. X times per week since *** to attend a client **** who lives at ****. I don't know what was different about my parking in this instance and should be pleased to know in order to avoid a recurrence. All I can see is a large area of carriageway which has been raised, presumably to act as a speed control device at this junction. I cannot see any indicators on the area or adjacent footway which would suggest that parking is not permitted in specific locations. I have avoided parking on or near the location until I get clarification from the council.'
My guess..
You'll get a boilerplate rejection which ignores the issue of 'legitimate expectation' and lack of footway markings.
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I was puzzled to receive the PCN but gather you consider that the entire table at the junction of x and y roads is raised for the purpose of assisting pedestrians crossing the carriageway.
I consider the contravention did not occur as I was parked at the edge of the table, well into x road and not near the corners of the road where pedestrians would usually cross and where tactile paving should be installed. Where I was looks to me like a traffic calming measure and not a pedestrian crossing.
Please note I am mobile podiatrist and am seeing a very elderly patient at the location who is also being seen by a district nurse as they have specific and severe problems due to bilateral wounds. I am their private practitioner but am an important part of their urgent healthcare.
I trust you will cancel the PCN on this ocassion and look forward to your reply.
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Thank you for your reply @tincombe I will start with that and was thinking I could say that during the Covid19 restrictions I was designated a key worker and as such was included in the 'Covid 19: parking concessions for health, care and volunteer workers (https://www.gov.uk/guidance/covid-19-parking-concessions-for-health-care-and-volunteer-workers)' scheme, which Ealing Council were a part of, which ended on 31 July 2021 (https://www.ealing.gov.uk/info/201178/parking/2829/changes_to_key_worker_dispensations) and during that time it is possible that I may have parked on some raised carriageway and therefore did not realise that it was an offence.
I will then let them know that I have been visiting a patient at that address every two weeks for some time as I have a very vulnerable and disabled patient, and provide some redacted evidence, and if I have time, include a letter from the patient themselves. I will do my best to get this to them by tomorrow evening at the latest. Any further help on wording would be very helpful. Best wishes.
PS Yes I was, and still am, the registered keeper on that date and going forward
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The council is very, very unlikely to cancel at this (the informal reps) stage, so I suggest you focus on submitting something before 25th(the end of the risk-free reps period - see back of PCN).
The carriageway is raised to meet the footway, signs aren't required to bring the 24/7 statutory prohibition to a motorist's attention-you're presumed to know- and it could be argued that it facilitates pedestrians crossing the road, see below. But it's a large area which without further modifications to the footway to assist and guide pedestrians such as tactile paving simply encourages jay-walking and random pedestrian access to the carriageway which is hardly safe and surely isn't the council's intention.
I accept I was parked on the raised portion but I dispute that this was at a point where a ' footway, cycle track or verge has been [raised] to meet the level of the carriageway for the purpose of—
(i)assisting pedestrians crossing the carriageway,
What else have you got?
And, are you the registered keeper with current DVLA details as at 12 March?
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Hello @stamfordman, hope you had a good w/e. Just wondering if you'd managed to find anything suitable or should I cobble something together myself? Would appreciate any pro formas you might have to get me started? All best.
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Thank you. Sorry I missed this reply, I hadn't refreshed the page. If you do find anything useful I'd be very happy to use it. Really need to start thinking about starting to write the letter, bit stressed about it. Many thanks.
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There is no exemption for attending a routine appointment, but proof you were engaged in a worthy activity for a resident could sway them but unlikely.
This boils down to whether it's acceptable for them to enforce an entire, large raised junction table as a pedestrian crossing. I don't think so but to test it you'd have to take it to the tribunal.
I'll see if I can find a helpful case.
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Ok @stamfordman Just getting worried that if I need to gather evidence I have to start doing that soon. I wouldn't have used AI to write the actual letter, I just wanted to get some ideas. Very much the appreciate and prefer expert advice here. TIA have a good day.
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It's an informal challenge and needs to be brief and don't use AI.
I'll suggest something later.
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Hi, thank you for your responses. Apologies for delay getting back to you. I had a surprise visit yesterday and couldn't check the messages. I am amazed to see you have pictures of my actual car with a ticket on. I daren't ask how you did that! I've just had a look at what an AI said about a code 28 and it said that some cases maybe allowed in some circumstances but went on to say: "Even in these cases, a 1.5-metre pedestrian gap must be maintained on the footway, and the vehicle must not block dropped kerbs or crossings."
Do you think I could argue that there is 1.5 metre's between the nearest bollard and my car and stress the road is very wide road and therefore was not an obstruction? Should I also mention that the pavement is no longer red as it is in Google images so it's not easy to see it's a special case? You are allowed to park on speed bumps I think?
I'm not quite sure how to even start this letter to them, but it seems I was parked as exactly the same place as the @AshNaz87 post you shared, just facing the opposite direction. It looks 1.5 metres roughly from the bollard.
(https://imagizer.imageshack.com/img922/6050/1PgfWJ.png)
If I were to add the 'legitimate expectation' argument that @JohnU.K (https://www.ftla.uk/index.php?action=profile;u=5) mentioned, how would I know that if I hadn't googled it? Not quite sure how to frame that.
Finally, I am a mobile podiatrist and am seeing a very elderly patient who is also being seen by a district nurse as they have specific and severe problems due to bilateral wounds. I am their private practitioner but am an important part of their urgent healthcare: An AI said I could appeal on those grounds too, namely:
AI said
Yes, podiatrists can appeal a parking ticket (Penalty Charge Notice or PCN) received during home visits, but success depends on the specific circumstances and evidence provided.
While there is no automatic exemption under Code 28 for podiatrists, councils may accept appeals based on mitigating circumstances, especially if the stop was for a legitimate medical home visit.
Key Points for Appeal:
Medical Purpose: Clearly state that the stop was for an NHS or private home visit providing essential foot care, particularly for vulnerable patients (e.g., diabetic, elderly, or immobile).
Supporting Evidence: Include documentation such as:
A letter from the patient confirming the appointment
Patient notes (with confidentiality respected)
NHS referral form or care plan
Proof of HCPC registration and professional ID
Emergency or Urgency: If applicable, highlight urgent clinical need (e.g., infected wound, risk of amputation), though this is not equivalent to a life-threatening emergency.
Appeal Process:
Informal Challenge: Submit within 14–28 days of the PCN. Many councils cancel tickets if reasonable justification is given.
Formal Representation: If the first appeal is rejected.
Independent Appeal (POPLA or London Tribunals): Final stage, free to use and often favorable to healthcare professionals with strong evidence.
Some councils have shown leniency for healthcare providers making home visits, even without formal exemptions.
Grateful for any further advice. TY
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OK so we had another case here and prospects were deemed poor but no conclusion. Plus one adjudicated case refused.
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/ealing-council-pcn-(nto)-parked-in-a-special-enforcement-area-stanhope-road/
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We've seen such cases where councils think an entire raised road table at a junction is an enforcement area for a pedestrian crossing but this is not on in my view. The kerbside where you would normally find a crossing at the corners yes and they are sometimes marked with tactile paving, and here the corners have posts that I reckon demarcate crossing points.
(https://i.ibb.co/nNpHV40Y/Screenshot-2026-03-14-at-18-18-31.png)
(https://i.ibb.co/60v21ntt/Screenshot-2026-03-14-at-18-18-17.png)
(https://i.ibb.co/svKZqCwq/Screenshot-2026-03-14-at-18-17-55.png)
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PCN Number: AO08943920
Vehicle Registration Mark: EU22OHC
I've uploaded clearer images of the ticket now. Hope that helps.
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What are the PCN number and car VRM.
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Hi, thank you for your response. The Google image shows a red tarmac raised area but it is no longer there it seems. It's very strange.
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https://maps.app.goo.gl/1UuUj5qqtpskctS77
The Council will probably argue that the road has been raised to assist pedestrians/wheelchairs crossing the road.
Looking at Google, cars have been parking there (on both sides of the road) since at least 2008, so you may have an argument of 'legitimate expectation'.
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The alleged contravention occurred at Stanhope Park Road, Greenford, UB6 9LT
Code 28, Parked in a special enforcement area on part of the carriageway raised to meet the level of a footway, cycle track or verge.
Hi, thank you for any help you can offer. There were no signposts or road markings to say that you couldn't park there, there was no CPZ and it is a residential road. I attach photos of the ticket and my car.
It happened on 12 March at 1248. He didn't even wait anytime and issued it as soon as he saw it. Could you help me find grounds for appeal please?
What's strange is that on Google Maps there appears to be a red road patch, that is raised, but that is not in my photos. The bollards are there on Google Maps...but the red tarmac is not in my images
https://maps.app.goo.gl/RgDEJ7PRDmRwuQgT9 (https://maps.app.goo.gl/RgDEJ7PRDmRwuQgT9)
(https://imagizer.imageshack.com/img924/8959/4Hnqm4.jpg)
(https://imagizer.imageshack.com/img922/5160/CvHkEj.jpg)
Back of ticket
(https://imagizer.imageshack.com/img924/6621/swjrsL.png)
Front of ticket
(https://imagizer.imageshack.com/img923/2172/OqlMKJ.png)
Have uploaded cleaner pics of ticket