Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: unikalus on September 05, 2025, 02:14:20 pm

Title: Re: Haringey, Code 02(a) Parked in restricted street (temp T.O.), Bourne Road N8 - HIRE CAR
Post by: Incandescent on September 08, 2025, 02:01:16 pm
Unfortunately the hire firm hold the V5C for the vehicle, and you have no role at all until the council refuse your informal reps, you then do not pay, so they send a Notice to Owner to the hire company. What the company do then will be in your hire/lease agreement.  Of course if you pay the discount now, the hire company will not receive anything.  In these matters, it's important to look at your personal financial impact from not paying and waiting for the hire company to get the NtO.
Title: Re: Haringey, Code 02(a) Parked in restricted street (temp T.O.), Bourne Road N8 - HIRE CAR
Post by: stamfordman on September 08, 2025, 02:00:13 pm
You can make an informal challenge. But by law a notice to owner must be sent to the registered keeper.

So if informal challenge fails you are probably best paying it at discount to avoid hassle. The hire firm may also pay it at full rate and bill you £160 + admin fee.
Title: Re: Haringey, Code 02(a) Parked in restricted street (temp T.O.), Bourne Road N8 - HIRE CAR
Post by: unikalus on September 08, 2025, 01:26:51 pm
Understood. What would be the route for the formal challenge? Do I need the PCN to be reissued to me before I challenge? Can I write to the council that I was responsible for the vehicle so they reissue the PCN to me by post? Again - I am trying to avoid the admin fee from the Enterprise rental company.
Title: Re: Haringey, Code 02(a) Parked in restricted street (temp T.O.), Bourne Road N8 - HIRE CAR
Post by: Incandescent on September 08, 2025, 11:58:04 am
Informal challenges very rarely succeed.
Title: Re: Haringey, Code 02(a) Parked in restricted street (temp T.O.), Bourne Road N8 - HIRE CAR
Post by: unikalus on September 08, 2025, 10:33:09 am
Thanks for your reply. It looks like it could have been attached to that tree. However neither the tree nor the sign is visible in any of the council photos of the car or the street. The sign also seems to be not the standard 3 sided one visible from the sign and it maybe why I have missed it. The standard sign from the link in the "PCN spreadsheet" (https://assets.dft.gov.uk/trafficauths/case-2964.pdf) i have found has 3 sides.


I want to make representations that the sign was not clearly visible and not a standard sign. Whether it will succeed or not - I don't know. My questions whether I should challenge the PCN now (within 14 days) directly or wait for the process to go through the rental company (costing admin fee). Any advice on the challenge process and anything else is appreciated.
Title: Re: Haringey, Code 02(a) Parked in restricted street (temp T.O.), Bourne Road N8 - HIRE CAR
Post by: H C Andersen on September 05, 2025, 04:54:19 pm
Thanks.

The temp traffic order sign seems to be attached to the tree outside no. 13, immediately behind your vehicle on your side of the road - see the combination of shuttered windows in the background, the res permit holder sign which dips to the left and is set at the rear of the footway, the hedge and tree.

Do you agree or can you place this elsewhere?
Title: Re: Haringey, Code 02(a) Parked in restricted street (temp T.O.), Bourne Road N8 - HIRE CAR
Post by: unikalus on September 05, 2025, 04:12:26 pm
The street is in controlled parking area with "residents permit holders only" parking for 2 hours every working day 10:00 - noon.

I have a resident's parking permit for my main vehicle. For the replacement vehicle which was issued the PCN I buy visitor's parking for the 2 restricted hours. It works and i have not received PCNs when parked days before or today.

Both resident's permit and the visitor's permits are virtual and activated online.

However the PCN was issued at 08:27 well before the resident's parking restrictions start at 10:00. The contravention quoted on the PCN is relating to temporary Trafic Order and not overall resident's only restriction. Did I understand that incorrectly?
Title: Re: Haringey, Code 02(a) Parked in restricted street (temp T.O.), Bourne Road N8 - HIRE CAR
Post by: H C Andersen on September 05, 2025, 02:44:48 pm
Are you a resident's permit holder; was it on display or held virtually and did it cover this car, as opposed to your car?
Title: Haringey, Code 02(a) Parked in restricted street (temp T.O.), Bourne Road N8 - HIRE CAR
Post by: unikalus on September 05, 2025, 02:14:20 pm
Hello,

I would be grateful for some expert advice on a PCN I received. The situation is complicated by the fact that the vehicle is a hire car.

The Car:
The car is a rental from Enterprise. It is a replacement paid for by 3rd party insurer while my own is being repaired. I've checked the T&Cs and Enterprise state there is an administration fee of up to £45 for processing fines. They have taken my credit card details for that purpose. Full T&Cs here. (https://www-tac-service-prd.homecity.ehiaws.com/tac-service/location/group/U1/J9/terms?date=2025-09-02&locale=en_GB)

Summary of Events:

Council Evidence & My Concerns:
The council provided 5 pictures (https://imgur.com/a/XFJ3lGX) as evidence. In 2 of them, a small yellow sign is visible in the background, behind the car and across the road. The council has also provided a separate, close-up image of a suspension sign (in a tree?). I can state with certainty that they are not the same sign. I have no idea where the sign in the council's close-up photo was located, but it was not the one visible in the distance across the road. Since the signs were removed when I returned to the car, combined with the suspension signs on the next street near the junction, made the restriction impossible to be aware of.

My Goal & Questions:
My goal is to challenge this PCN. However, I want to avoid the £45 admin fee from Enterprise if at all possible.

What is the best strategy to achieve this? Do I have to wait for the PCN to be formally re-issued to me in the post before I can make a formal challenge? Or can I challenge it now, and would a successful early challenge prevent Enterprise from getting involved and charging the fee?

Any advice on the correct procedure would be very appreciated.

PCN (Both sides) here.
(https://i.imgur.com/3GI7zx5.jpeg) (https://imgur.com/uctvmqR.jpeg)

Council Evidence Photos:
https://imgur.com/a/pcn-zn1829417a-XFJ3lGX (https://imgur.com/a/pcn-zn1829417a-XFJ3lGX)

Google Street View:
https://maps.app.goo.gl/J6x2BAmg8rSAFfRW6 (https://maps.app.goo.gl/J6x2BAmg8rSAFfRW6)

Thank you for your time.