Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: Murgy on September 15, 2025, 11:04:32 am
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Thanks for letting us know.
For new operations and novel challenges (and for foul-ups that the police are mildly embarrassed about) there has often been a "too difficult" pile.
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If anyone is interested, I got the FPN cancelled by the police.
It wasn't entirely clear why from their response but I challenged it on the basis of the legal interpretation of the bylaws by the parking officer, inadequate signage, and mitigating circumstances (lack of availability of parking at the time).
Some combination of that appears to have worked.
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Hi, your correct the notice (uploaded in the Google drive pictures) says it is issued under the London Local Authorities Act 2004 then on bold specifically says an offence against the "Greater London, Council Parks Gardens and Open Spaces Bylaws"
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As said this isn't a PCN.
Post all of the FPN - what else does it say.
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I don't think anybody has seen one of these before, because Wandsworth are enforcing parking on-street under the Traffic Management Act 2004, but this is an off-street allegation. So I and others will now have to look at the Act this notice is issued under, the London Local Authorities Act 2004.
As this is not a Penalty Charge Notice under the TMA 2004, none of what you have written applies. If you fail to pay, as I understand it, the next stage is the magistrates court, but wait until people have actually read the Act.
I'm going to request that this thread be moved to the criminal and private tickets form, because this forum is only for PCNs served under the various Acts which give decriminalised powers to councils to serve and enforce Penalty Charge Notices. Yours is a Fixed Penalty Notice under Clause 15 of the LLA Act 2004. The list of offences shows that No 17 would seem to apply to your FPN.
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On Sunday 14/09/25 at around 9.30am I parked in the Dr Johnson Avenue Car Park (SW17 8JU). On my windscreen I received a PCN alleged to be in breach of Byelaw 17a described on the PCN as “vehicle left parked and unattended not in bay”.
I do not dispute that I was not parked in a bay. The car park was full (overflowing; I wasn’t the only one with one of these on my windscreen!) and I was parked between the tree and the car you can see in the example Google Maps screenshot. I wasn’t blocking any access or parked dangerously.
From my perspective I feel the PCN is not be valid for the following reasons:
- The signage in the car park does not specify to “park in marked bays only” or anything similar would be in contravention of the rules of the car park
- The Byelaws in the PCN refers to Byelaw 17a as “No person shall leave any mechanically propelled vehicle unattended in any open space except as such spaces as are approved by the Council as standing or parking places” – this does not specify marked bays – I was within the boundaries of an approved parking place.
- The (photographed) signage in the car park refers to Byelaw 17a as “No parking in the yellow or red hatched lines” – It can clearly be seen in the Google Maps screenshot there is no yellow or red markings at all where my car was parked.
Therefore, the car park signage and the PCN give different definitions for Byelaw 17a, neither of which state anything to do with “unattended not in a bay” which is the grounds for the PCN being issued.
As I am within the 14 day window for the reduced fine (£50 rising to £80 after this period) I would like to make an informal representation (https://www.wandsworth.gov.uk/parking/pcns-and-parking-fines/how-to-challenge-a-penalty-charge-notice-pcn-informal-representations/) based on the grounds that there has been procedural impropriety on the part of the Enforcement Authority and that the order, which is alleged to have been contravened, was invalid (https://www.wandsworth.gov.uk/parking/pcns-and-parking-fines/how-to-challenge-a-penalty-charge-notice-pcn-informal-representations/how-to-challenge-a-penalty-charge-notice-pcn-parking-contraventions/) due to inadequate and misleading signage plus an erroneous interpretation of the byelaws by the parking enforcement officer.
Google Drive link for pictures in support of my claim:
Pictures on Google Drive (https://drive.google.com/drive/folders/1j4N7BPriCaGlCN9IQKoqZB12HtAPVO9A?usp=drive_link)
Pictures in link as follows in case they do not also load below in this post:
- Cover sheet of PCN
- PCN
- Bylaws in PCN pack
- Photograph of car park signage
- Screenshot of parked location from Google Maps
(https://imgur.com/ORGCC6S)
(https://imgur.com/ne7pK0Y)
(https://imgur.com/68VOjLm)
(https://imgur.com/L5k01RB)
(https://imgur.com/cEzosv8)
If I am wrong, please do tell me! Or if anyone can add to what I have written or help me brief something more professional then your assistance would be much appreciated.