Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: DanniB on October 22, 2025, 02:10:59 pm

Title: Re: PCN Barking & Dagenham
Post by: DanniB on December 02, 2025, 10:57:38 am
so I am going to do my appeal today, my points being pretty much the same as my original appeal that there is a bay in this location and therefore am allowed to park there. I will attach the photos kindly attached to here showing the bay from a few years ago and the map showing the parking bays. Is this correct? would any further points be worth making?

thank you
Title: Re: PCN Barking & Dagenham
Post by: DanniB on November 26, 2025, 02:09:36 pm
is there any additional information now seeing this pictures at all? Im not sure what points to make in my appeal.
Title: Re: PCN Barking & Dagenham
Post by: DanniB on November 25, 2025, 05:42:45 pm
https://imgpile.com/p/B8IBi7t#PA0KfSg

photos taken today. hopefully this cover all areas you need to see. your help is really appreciated.
Title: Re: PCN Barking & Dagenham
Post by: H C Andersen on November 23, 2025, 05:58:50 pm
I know, I just want to see proof because objective evidence, as opposed to your narrative, carries more weight.

And pl ensure you show the lines as clearly as their condition allows, no cutting corners. Unlike in a well-known film, we can handle the truth.
Title: Re: PCN Barking & Dagenham
Post by: DanniB on November 23, 2025, 02:27:16 pm
Thank you I will do. There are 3 parking bays, all painted the same way, albeit all rather worn. There is a sign at the bays before my parents house and after, but not at my parents house.
Title: Re: PCN Barking & Dagenham
Post by: H C Andersen on November 23, 2025, 02:15:22 pm
Pl post the photos of the signs. I suggest you also stand on the opposite side and try and capture all 3 parking places.

Are you saying that there are 3 parking places and that only 1 and 3 have signs and only 1 and 3 have markings both on the carriageway and off, no. 2 having markings only on the carriageway?

Title: Re: PCN Barking & Dagenham
Post by: DanniB on November 23, 2025, 01:57:16 pm
I have now received the notice to owner for this so am about to put together the information for the appeal.
There is no sign right outside my parents house, just the ones either side. https://imgpile.com/p/rlWaALv#8LHjIde. I  seem to have lost the photos I took of the signs, so will have to do it again, but it is standard resident permit parking only sign.
I am a little confused now, with the other information you have added. Was I entitled to park there? Is the worn out bay still in place ?
thank you


Title: Re: PCN Barking & Dagenham
Post by: H C Andersen on October 23, 2025, 07:19:15 pm
OP, see item 3 in the Part 4 sign table here: https://www.legislation.gov.uk/uksi/2016/362/schedule/4

Let's be clear. A traffic authority may designate parking places to be wholly or partly on the footway. But when they do they MUST place the sign above because this is prescribed in law for use at locations where they stand apart from the immediate adjoining area, that is to say that the footway parking prohibition has been disapplied ONLY at the parking place where the sign is displayed and not anywhere else.

However, if the parking place is already situated within an area where footway parking is permitted then the sign is NOT required and a 'normal' parking place sign would suffice.

Hence my request to see the signs in situ.

 
Title: Re: PCN Barking & Dagenham
Post by: Incandescent on October 22, 2025, 07:33:03 pm
What a council ! Allow off-cway parkking and paint the bays for people to use, and also put up the sings too, but completely fail to maintain the markings then use their absence to demand £160 PCN penalty. Talk about abuse of powers ! But this is typical of B & D, of course.

I would take them all the way on this. The bay markings on the carriageway can be seen, and your car is correctly positioned within them albeit a bit outside at the rear. However, the PCN is not for being parked outside the bay markings.
Title: Re: PCN Barking & Dagenham
Post by: H C Andersen on October 22, 2025, 06:51:34 pm
I agree.
Title: Re: PCN Barking & Dagenham
Post by: DanniB on October 22, 2025, 05:59:03 pm
from what I can remember there is one on either side of the road as you enter the road and then one past where I was parked near the other bays.
Title: Re: PCN Barking & Dagenham
Post by: stamfordman on October 22, 2025, 05:38:54 pm
Yes on council pics we can see one in the small bay ahead but not in the one by the car.
Title: Re: PCN Barking & Dagenham
Post by: H C Andersen on October 22, 2025, 05:33:52 pm
The photos posted by the OP show signs fore and aft, but at oblique angles.
Title: Re: PCN Barking & Dagenham
Post by: stamfordman on October 22, 2025, 05:31:45 pm
I don't think there are any parking signs by those small bays but we shall see.
Title: Re: PCN Barking & Dagenham
Post by: DanniB on October 22, 2025, 05:25:47 pm
ok I will do this the next time I am over there. thank you
Title: Re: PCN Barking & Dagenham
Post by: H C Andersen on October 22, 2025, 05:16:51 pm
Take photos pl of the traffic signs in the permit holder bays immediately before and after your parents' house as indicated on the plan posted by stamfordman. Close up and wider angle to show context.
Title: Re: PCN Barking & Dagenham
Post by: DanniB on October 22, 2025, 04:46:51 pm
yes I'm registered owner and address is correct, so I will now wait. your help is much appreciated.
Title: Re: PCN Barking & Dagenham
Post by: stamfordman on October 22, 2025, 04:29:44 pm
You could go back to them now with the pic of traffic order map saying in the light of this you were in a designated parking place, plus this Maps view from 2022 clearly shows bays.

The only thing they might argue is the rear of the car was outside the bay but their illiterate rejection could mean anything.

Whatever you'll probably have to wait for the notice to owner - is this you and are the logbook name and address correct?

(https://i.ibb.co/4g86PZKC/Screenshot-2025-10-22-at-16-23-47.png)
Title: Re: PCN Barking & Dagenham
Post by: DanniB on October 22, 2025, 04:25:18 pm
Thank you so much for your help with this, I have to wait until I receive it in the post now to appeal again but do you have any advice regarding what to put in my second appeal please.
Title: Re: PCN Barking & Dagenham
Post by: stamfordman on October 22, 2025, 03:29:35 pm
B&D's traffic order map shows that you were likely in a parking bay.

They seem to have put in a controlled zone in 2021, and marked and signed some bays but not others and maybe changed their mind about where you were but the order is extant.

Given the state of the markings and the order I think you'll win this. They seem to think there is no bay there.

If parking for 3 hours or less best stay on the carriageway.

(https://i.ibb.co/5hPDY9Cx/Screenshot-2025-10-22-at-15-22-59.png)
Title: Re: PCN Barking & Dagenham
Post by: DanniB on October 22, 2025, 03:06:48 pm
I have this confirmation of my appeal and this information.
https://imgpile.com/p/7SXK97f

I honestly thought it was a case of they were trying it on, I never at one point thought it wouldn't get cancelled.
Title: Re: PCN Barking & Dagenham
Post by: DanniB on October 22, 2025, 02:59:42 pm
https://imgpile.com/p/LbvkOgW

This is their response.

I am not sure I have copies of my appeal as it was done on their website and not sure I get a copy sent to me and I stupidly did not take photos or screenshot it as I did it.
Title: Re: PCN Barking & Dagenham
Post by: stamfordman on October 22, 2025, 02:42:17 pm
Post your challenge and their rejection blanking only name and address.

There does look like bay lines are or were there - I'll check further.

(https://i.ibb.co/Tyd7YJj/b3.jpg)
(https://i.ibb.co/s9VzJ64Z/b2.jpg)
(https://i.ibb.co/7xGkcgFL/b1.jpg)
Title: PCN Barking & Dagenham
Post by: DanniB on October 22, 2025, 02:10:59 pm
Hi, first time posting so please let me know if I miss information or do anything incorrectly.

I received a PCN from parking outside my parents house, have parked outside for many many years without issue and now received this. There are several parking bays marked out along the road, there is a single bay directly outside their house where I was parked, it is extremely worn (I will try to post photos). There is a requirement for permit holders, we use my mums disabled badge and display this as per Barking and Dagenham rules. This was displayed in the window of my car.
I was given the PCN for parking with one or more wheels on or over a footpath. we have ALWAYS and all residents park in these marked bays, so am extremely confused with regards to this, I appealed stating I was parked within the bay with disabled badge in view (they have shown this in evidence of contravention) but they declined stating we are not allowed to park with 2 wheels on footpath and are therefore upholding this. The only signage in the road is for permit holders only.

can anybody advise where I go from here with this, am I in the wrong? in which case family members will need to be advised not to park here in future as it seems regardless of disabled badge or permit then you are unable to park in this location.

location without car parked:
https://imgpile.com/p/x4glVnG

car how it was parked when I got PCN:
https://imgpile.com/p/78X5Ti6

photos of PCN (yes this was how I received it with worn/screwed up parts):
https://imgpile.com/p/WjTmw6O
any other information please let me know. any help and advice is very much appreciated.