Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: wazza123 on February 16, 2025, 04:31:16 pm
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Reviving this as as the recipient is not sure whether to just pay the discounted fee or wait for the NTO. I find it odd that all PCN's were overturned apart from this particular one. I actually spoke to a CEO on the road a few days ago when I saw them wrongly issue a PCN to another vehicle parked on a driveway. I explained to him that all off street parking on the road was not in contravention, showed them the overturned PCN'S. They told me that it's difficult to make a decision since the council is sending them to check this particular road, and when there are no marking designating on street parking from off street, they have no choice but to follow the permit holder signs which are displayed on entrance to the road. I told them that this has never been a problem and all of a sudden the council decides that pretty much every vehicle on the road is in contravention. He said he will report to his superiors and then left.
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My apologies @coffee pot, that was a neighbours accepted appeal. Attached is the the rejection letter.
[attachment deleted by admin]
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I think that letter is one of the accepted ones and wrongly named rejection.
The PCN is live.
(https://i.imgur.com/bFkuG8X.png)
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The notice of rejection?
"Thank you for your correspondence in regards to the PCN as mentioned above.
Having considered your comments and reviewed this case I can confirm that I have now
cancelled this PCN as the vehicle was parked on your own property and not in contravention.
The case is now closed and you are no longer liable for the charge.
Please accept our apologies for any inconvenience caused by this error."
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The parking place looks more like a bay within the road than a house driveway so I can see why the PCN was given.
The contravention on the PCN is wrong as they allege it is a shared use bay (suffix s means shared use bay eg with pay bay). It's a permit only area.
Let's see the rejection letter.
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Result!
Er, what result ? Please tell us more.
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Result!
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The vehicle was clearly parked on the driveway, as were the others which were also issued PCN's but had them overturned. [attachimg=1][attachimg=2][attachimg=3]
[attachment deleted by admin]
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edited out (repeat of above)
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Their letter refers to a Permit Parking Bay, but there are no marked bays. There is a large area of what one could call "driveway" up against the houses, clearly delimited from the footway.
This sign as one drives in, states it is a parking permit area on the days and between the times on the sign.
https://maps.app.goo.gl/3xs8k9bWqzvuqDHt9
However this sign is for use for carriageway parking. What we need to see is where the vehicle was parked, or the CEO photos, (if any). Please note that if any part of the vehicle was intruding into the carriageway then a PCN would have been correctly served.
Forum experience is that there is always trouble in such locations where there is no kerbstone line indicating clearly what is carriageway, footway, and driveway, and what is not. Being in London parking off-carriageway on footway or verges is also an offence, and has been since the 70s, but the PCN isn't for that.
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It's a permit parking area but I would have thought the driveway parts not the carriageway or any bays would be out of the PPA.
Post the PCN (unredacted), the challenge and the rejection.
As per:
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
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Good Afternoon all,
Back in January a family friend's vehicle was parked for about 2-3 days during a short visit, on a driveway that is usually used by residents on the street and other people. To my knowledge the driveways on this road do not require a permit so long as the vehicles are not parked on the street. It just so happened that there was a CEO who issued parking tickets all over the road to most if not all vehicles parked on these driveways on multiple occasions. Many made appeals for the same reason and had the penalties overturned whereas this particular appeal received a notice of rejection as they state he was not parked on the driveway despite proving as such in the initial appeal with photo evidence. They have been using the available parking space for many years with no problems. Any advice on how to proceed?
https://maps.app.goo.gl/d6UFoL8GP4t2RnSR8
Thanks
[attachment deleted by admin]