Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: dannycol on September 24, 2025, 12:00:20 pm
-
It's not an appeal at this stage, it's an informal challenge.
---------
I am challenging the PCN as I was engaged in the assisted boarding of my young son from xxxx school at afternoon pick-up time.
I also had my 1 year old daughter in the car with me when picking my son and so had to take her out of the car and walk to the school gates to collect my son, who is 7 years old. This took only as long as necessary to escort him back to the car, along with my daughter who was in a pram that I had to unload from the car.
Please note there are no pay bays nearby, so this is very difficult for us, especially with a 1 year old in tow, and I have to rely on the assisted alighting/boarding exemption.
Please also note that I live in Ewell and my som was turned down for a place in three nearby schools. It would be wonderful to be able to walk him to and from school, but we do not have this luxury and have little choice but to embark on a 15 minute drive per journey to and from the school for drop-off and pick-up.
I have attached a picture of my children for reference and context.
I trust you will agree the assisted boarding exemption applies and look forward to your confirmation of cancellation of this PCN.
-
Hi Guys,
Does this sound ok as a draft response? Written at work in a bit of a rush so probably not my best but hopefully it'll do!
To whom it may concern,
I am writing to appeal against the Penalty Charge Notice (SU77137370) I received on 23/9/2025.
My appeal is on the grounds of Assisted Boarding from nearby premises.
On the day in question I had my 1 year old daughter in the car with me when picking my son up from school, which finishes at 3.15pm. There is a complete lack of available on street parking in the area and further, an absence of any paid parking thus making the process incredibly difficult, especially with a 1 year old in tow. Can I also please note that I live in Ewell and the three schools I applied for for my son we weren’t able to get into. It would be wonderful to be able to walk him to and from school (as most who have managed to get a space in their local school do), but we have never had this luxury and have no choice but to embark on a 15 minute drive per journey, to and from the school for drop-off and pick-up.
I parked in a safe space that didn’t create any sort of hazard or block any driveways, etc and was left with very little choice in doing so. My son is 7 years old so cannot be expected to cross roads to get to me, notwithstanding his teacher will not let him leave the grounds of the school unless a parent/guardian is visible and I was, and am always, as quick as I could be with the baby, getting her out of the car and into a pram.
I have attached a picture of my children for reference and context.
I would like you to consider the fact that I was not therefore in contravention and that the PCN was incorrectly issued.
-
No need to cite cases in an informal challenge.
Draft a polite challenge claiming the assisted boarding exemption and post here.
Say there are no pay bays by the school to park briefly to pick up/drop off.
-
There aren't any pay bays, no.
If i appeal quoting these cases would you say i'd have a better than 50% chance of the ticket being deemed incorrectly issued?
Thanks again for your help here.
-
There's only 2 mins observation on PCN so don't volunteer a time, just say it was only as long as it took to collect son.
Taking a baby helps of course as effectively you also had assisted alighting and boarding for her.
You could take a pic of them both to prove they exist...
One thing - are there any pay bays there?
Recent tribunal cases.
-----------
Case reference 2250276081
Appellant xxxxxxx
Authority London Borough of Barnet
VRM MH23RLX
PCN Details
PCN AG47877671
Contravention date 19 Feb 2025
Contravention time 17:52:00
Contravention location East End Road
Penalty amount GBP 130.00
Contravention Parked restricted street during prescribed hours
Referral date -
Decision Date 03 Sep 2025
Adjudicator Edward Houghton
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice and the Notice to Owner.
Reasons The Appellant was represented via video link by her representative Mr Dishman.
I can see no reason at all to doubt her evidence supported by a letter from the school confirming attendance, that s at the time of the observation she was collecting her two-year- old child from the nearby school. The very brief observation period does nothing to suggest that some other activity must have been in progress. The case of Makda ( a case with which I am very familiar as the Adjudicator under review and having been present in the High Court when the case was heard) is not authority for the proposition that the exemption for the picking up and setting down of passengers cannot apply if the driver leaves the vehicle. The key principle of that decision is that the time necessary for person to board the vehicle includes the time necessary for the driver to make contact with the passenger, which is a question of fact.
In the case of a two year-old passenger I have no hesitation in finding that it was necessary for the child’s mother to enter the school to make contact with child and to escort the child to the vehicle. It is self-evident that a very young child cannot be expected to be waiting unattended at the pick-up point on the edge of the footway.
I am therefore satisfied that, as it transpires, the vehicle was not in contravention and that the PCN was incorrectly issued.
----------
Case reference 2250422128
Appellant xxxxxxxx
Authority London Borough of Havering
VRM PX67YFC
PCN Details
PCN HG2090301A
Contravention date 07 Mar 2025
Contravention time 15:18:00
Contravention location Park End Road
Penalty amount GBP 130.00
Contravention Parked restricted street during prescribed hours
Referral date -
Decision Date 25 Sep 2025
Adjudicator Henry Michael Greenslade
Appeal decision Appeal allowed
Direction
cancel the Penalty Charge Notice and the Notice to Owner.
Reasons
At this scheduled personal hearing the Appellant appeared in person via MS Teams.
The Enforcement Authority did not attend and was not represented, either in vision, by telephone, or in person.
A contravention can occur if a vehicle is parked in a restricted street during controlled hours.
There appears to be no dispute that the vehicle was parked at this location in Park End Road, or that the Penalty Charge Notice was issued to it, as shown in the photographs/digital images produced by the Enforcement Authority. The vehicle is shown stationary on a single yellow line.
The Appellant’s case is that he was collecting his very young children from the nearby school.
Picking up and setting down of passengers is permitted at this location. It should normally take no longer than two minutes but slightly longer must be allowed in the case of the elderly, disabled or very young. As in this case young children cannot be expected to walk alone on the streets of London and must obviously be escorted to and from the premises. In this case the civil enforcement officer records an observation of less than five minutes and that the driver was seen.
Considering all the evidence before me carefully I accept that of the Appellant and find as a fact that, at the material time, setting down within the meaning of the exemption was taking place and thus a contravention did not occur.
Accordingly, this appeal must be allowed.
-
He's 7 and i had my daughter in a pram with me who's just turned 1.
Yes went straight to school gates and back to car wouldn't have been more than 10 mins
-
Assisted boarding from nearby premises is an exemption.
How old is your son and did you go straight to say school gates to meet him and take him to car.
-
I agree.
What makes it worse is that i parked in the same spot (as i have done for 3 years without issue) and having dropped my son off came back to the car to find the warden taking pictures of my car. Let's just say he didn't pick his moment vry well so i had a few "choice2 words for him.
I suspect that he's revolved the rest of his day around taking this opportunity knowing full well i'd likely be back for pick up!
Looks like i'll have to take my medicine but thank you all for your help.
Dan
-
On the face of it, the car was in contravention.
The question is whether an exemption applies. The burden would be on you to establish your entitlement to such an exemption.
So, at what time are children released from school, and
Is this Meadow Primary in Sparrow Farm Road?
-
Hi,
This is one of a few pictures i took today. Let me know if you think any more would help. My car was parked where the grey car is in this picture so the furthest to the right you can see.
https://imgur.com/a/5BCi9uB
Again appreciate everyone's efforts to this point!
Dan
-
You were on a yellow line and the CEO has a pic of a timeplate that appears to put you in the restricted time.
Is the timeplate nearby and on the line?
Any exemptions - loading, boarding?
(https://i.ibb.co/ZbzXTmF/s4.jpg)
(https://i.ibb.co/dscTRk5t/s3.jpg)
(https://i.ibb.co/pv0RBnML/s2.jpg)
-
Thanks guys, please find link below.
https://imgur.com/a/nF4w4Dh
Any thoughts/help appreciated!!
Cheers,
Dan
-
see the instructions for posting images here:
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/
especially the bit about using BBCodes:
3. Post the PCN and all subsequent notices or correspondence.
The easiest way is to take pictures with your phone. There is no upload space on this site so you will have to upload to a picture hosting site (such as https://imgur.com or similar) and post links
You can use the "add image" icon to embed images in your post:
(https://i.imgur.com/SsopDuF.png)
However if you are using imgur (our preferred option), once you've uploaded an image to the site you can use the share link option to copy the BB codes:
(https://i.imgur.com/zSNsBUj.png)
(https://i.imgur.com/bsVQkU7.png)
You can then paste that into your post and the image will be embedded into the post, just as all the images in this post have been. If copying the BB link from imgur you must not use the "add image" button, you just paste the link directly into your post.
See also DWMB2's post here
https://www.ftla.uk/the-flame-pit/image-links-not-working/
-
Hi Richard
Thanks for your response. How do i upload as a link? I've been trying for the past half an hour and haven't got a clue!
Any guidance appreciated!
Thanks in advance
Dan
-
Colour no; but there may be others - post the PCN.
-
Hi Guys,
Received one of these yesterday for £70 when picking my son up from school.
My car is black but the parking warden has put it down as beige which obviously isn't even close.
Is there any scope to challenge the ticket on the ground of the colour stated being incorrect?
Any help or guidance much appreciated.
Dan