Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Etihad on September 20, 2025, 03:48:24 am
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Good morning.
I am running out of time.
Do I make a formal representation or just pay the fine?
I am compared the back of the PCN with another from a London borough and the wording seems to be almost identical.
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Where's your challenge pl?
I also have a feeling that the homeowner must have called the council. I guess it's time to stop being friendly with them
At least you now know, if you believe them!
There haven't been any comments from others regarding the prospective procedural impropriety in the PCN's wording.
The Informal challenege was along the lines of what you mentioned earlier :
"I would simply say that you own (live?) in the road and have parked as can be seen on previous occasions without issue or complaint. From the PCN it would appear that this is not permitted and may be penalised. You apologise and won't park in this way again.
I would not even refer to the cable works, just keep the authority focused on your apology. "
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does a compliant have to be made by THE(affected) homeowner or just Ahomeowner?
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Where's your challenge pl?
I also have a feeling that the homeowner must have called the council. I guess it's time to stop being friendly with them
At least you now know, if you believe them!
There haven't been any comments from others regarding the prospective procedural impropriety in the PCN's wording.
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Thank you H C Andersen.
The council has replied to my informal challenge.
We have fully investigated your case and can see you were issued a PCN for parking at a point where the pavement slopes down to meet the road surface. These can be in place for a couple of reasons 1. Allow access to a private property/driveway access. 2. The kerb may be lowered to make it easier for people to cross the road, especially people with prams or wheelchairs, and so need to be kept clear.
Parking across a private driveway dropped kerbs is only permitted show you have the permission of the property owner/occupier. If you parked without said permission, the owner/occupier can report your vehicles presence to the council and request a Civil Enforcement attend the location. Civil Enforcement officers do not issue to vehicle across private driveway dropped kerbs unless a complaint is received.
No signage is required for a dropped curb contravention as it is also clearly stated in the Highway Code (Rule 217) that you are not to park your vehicle where the curb has been lowered or in front of an entrance to a property. Parking alongside or obstructing a dropped curb is an instant contravention and is enforceable 24 hours a day, 7 days a week.
Having reviewed the incoming complaints records for the date in question, we are able to see a complaint was received for the location, when the Civil Enforcement Officer attended the vehicle was found to be parked in contravention and as such the PCN was issued. Having reviewed the images taken by the Civil Enforcement Officer we are satisfied that the PCN was issued correctly on this occasion.
Although I appreciate that you did not intentionally breach the Traffic Regulation Order, the fact remains that you were in contravention of the order. Unfortunately, the circumstances you described give Southend City Council insufficient grounds to cancel the Penalty Charge Notice as stated above.
Whilst I am unable to cancel the penalty I am able to offer you a further 14 days, from the date of this letter, to pay the PCN at the discounted rate.
You now have two options.
Option 1 – Payment at the discounted rate
Please now make payment of £35.00 which is the discounted amount. The charge will revert to its full amount of £70.00 if we do not receive the 50% discounted payment within 14 days of the date of this letter.
Option 2 – Make formal representation:
If you have not paid before the end of 28 days beginning with the date of service of the PCN, a Notice to Owner (NtO) will be issued to the registered keeper of the vehicle. The NtO will allow the registered keeper to make formal representations appealing against the issue of the PCN; the procedure for doing so will be explained in the NtO. Any new evidence can be submitted with the formal representation.
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As regards the procedural point, IMO the PCN fails to comply with regulation 9(7) of the General Regs, namely:
(7) A penalty charge notice given under this regulation must include the information set out in—
(a)Schedule 2, and
(b)regulation 3(1) of the 2022 Appeals Regulations.
In this case reg 3(1)(c) which specifies that:
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.
Note the use of 'must be made'. This is an instruction whose purpose is to notify the recipient of the PCN of the 'owner's' liability and that notwithstanding the driver's submissions they, the owner, must action the NTO if one is served.
I cannot find this in the PCN.
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There are no parking restrictions at all on this road.
But parking alongside a DK is a restriction.
I also have a feeling that the homeowner must have called the council. I guess it's time to stop being friendly with them.
Or no CEO has visited the street for years, and a new CEO decides to take a look?
Point is if there are no yellow lines or parking bays there is no reason for a CEO patrol and it's likely the residents called 5-0.
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There are no parking restrictions at all on this road.
But parking alongside a DK is a restriction.
I also have a feeling that the homeowner must have called the council. I guess it's time to stop being friendly with them.
Or no CEO has visited the street for years, and a new CEO decides to take a look?
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Are there any parking restrictions on this road.
If not this contravention is usually a result of a home owner calling the council to enforce.
You say the owners know you - if they write a note saying you have permission that should do.
There are no parking restrictions at all on this road.
I also have a feeling that the homeowner must have called the council. I guess it's time to stop being friendly with them.
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Are there any parking restrictions on this road.
If not this contravention is usually a result of a home owner calling the council to enforce.
You say the owners know you - if they write a note saying you have permission that should do.
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I would simply say that you own (live?) in the road and have parked as can be seen on previous occasions without issue or complaint. From the PCN it would appear that this is not permitted and may be penalised. You apologise and won't park in this way again.
I would not even refer to the cable works, just keep the authority focused on your apology.
IMO, there's a procedural defect with the PCN, but I wouldn't argue this at this point.
Are you the registered keeper with current DVLA details and do you have access to this address regularly?
Yes, I am the registered keeper with current DVLA details and have access to the property regularly.
I have made an informal appeal today as this was still allowed on the council's website.
And the other obvious question is how have you managed without penalty for so long. if the works were done some years ago. GSV shows the new layout in June 2023, the previous of November 2020 showing the old paving stones and kerbs.
It seems parking in contravention was commonplace even with the old layout as GSV of 2020 shows: -
https://maps.app.goo.gl/sdoyAKdjuCUgCNLJ8
Another question is, if you parked opposite and blocked that drive, and maybe others how were neighbourly relations maintained ? Every house Seems to have a parking space and dropped kerb, so does yours have this as well ?
I regularly travel for work to other sites and am away from home. I usually park right outside my house but if others have parked there, I park at that spot. Even when I do park there, I usually park at 5PM and am gone by 8AM. The owners know me and would have told me if they had any issues.
Their house has two cars and this is how they reverse out.
(https://i.postimg.cc/jWhy62WQ/d.jpg) (https://postimg.cc/jWhy62WQ)
Unfortunately on my side of the street, not all houses have enough space at the front or side for a driveway and thus not eligible for a dropped kerb. Most houses on the street park across their dropped kerb rather than on their driveways as well for some strange reason.
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I agree that these details should be examined but I'm conscious of time in that strictly speaking their 14-day no-risk challenge period ended yesterday.
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And the other obvious question is how have you managed without penalty for so long. if the works were done some years ago. GSV shows the new layout in June 2023, the previous of November 2020 showing the old paving stones and kerbs.
It seems parking in contravention was commonplace even with the old layout as GSV of 2020 shows: -
https://maps.app.goo.gl/sdoyAKdjuCUgCNLJ8
Another question is, if you parked opposite and blocked that drive, and maybe others how were neighbourly relations maintained ? Every house Seems to have a parking space and dropped kerb, so does yours have this as well ?
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I would simply say that you own (live?) in the road and have parked as can be seen on previous occasions without issue or complaint. From the PCN it would appear that this is not permitted and may be penalised. You apologise and won't park in this way again.
I would not even refer to the cable works, just keep the authority focused on your apology.
IMO, there's a procedural defect with the PCN, but I wouldn't argue this at this point.
Are you the registered keeper with current DVLA details and do you have access to this address regularly?
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Good morning.
I regularly travel for work away from home and have not had time to action this in good time. Please accept my apologies.
I own a property on a road where no permits are required and there is not enough space for everyone. The road is also narrow and downhill and has multiple speed humps! To avoid getting hit by cars or vans speeding down, we tend to park with one set of wheels on the pavement.
Now, I sometimes park at this spot directly opposite my house in front of a house and have been doing so for the last 5 years. Even, one of the cars owned by the household next to this spot parks there regularly. Few years ago, Cityfibre or such company dug up the entire pavement on both sides to lay down braodband cabling. After they finished their work, they incorrectly put back the pavement and everyone's dropped kerb was now much wider or the dropped kerb started where the walls are present.No one bothered to fix this.
PCN PHOTOS
(https://i.postimg.cc/grmbRrSX/IMG-20250919-012259974.jpg) (https://postimg.cc/grmbRrSX)
(https://i.postimg.cc/TpP87FXT/IMG-20250919-012308608.jpg) (https://postimg.cc/TpP87FXT)
GSV
https://maps.app.goo.gl/Fd4nET5BYEmk4d8o6
SOME PHOTOS from council website for the PCN
(https://i.postimg.cc/75TWjytr/a.jpg) (https://postimg.cc/75TWjytr)
(https://i.postimg.cc/Mc2FSrgM/b.jpg) (https://postimg.cc/Mc2FSrgM)
PHOTO of van that regualrly parks there
(https://i.postimg.cc/WD8Cwwfd/c.jpg) (https://postimg.cc/WD8Cwwfd)
Is there any way to win this?
Thank you.