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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: schmuel on December 16, 2025, 01:02:09 pm

Title: Re: PCN in Hackney Marshes carpark - code 86: Not parked correctly within the markings of a bay
Post by: Incandescent on December 17, 2025, 10:16:42 pm

Havering have made their "no discount" decision public, because they are under an obligation to have regard to the Statutory Guidance of the Traffic Management Act 2004 so must be prepared to answer an appellant who claims they have not had regard to it. If Hackney are not re-offering the discount after rejecting an informal challenge received within the discount period, they would have to do similar.

SO far, I believe Havering are the only council so far to formalise their position. With postal PCNs, there is only one, formal, reps option and no guidance on discount. Certainly there is nothing at all about discount re-offer in anything based on the LLA & TfL Act 2003, which covers the majority of moving traffic PCNs issued by London councils. I think most councils realise that if they offer the discount, most people then pay, and it avoids them having to prepare an evidence pack and pay the  adjudication fee to London Tribunals. For me, Havering are barmy, but there's a lot of barminess about !

Title: Re: PCN in Hackney Marshes carpark - code 86: Not parked correctly within the markings of a bay
Post by: schmuel on December 17, 2025, 01:05:33 pm

Thanks Stamfordman, yep I thought the same to be honest but thought it was worth asking here anyway.

Can't say I'm very optimistic about Hackney cancelling the PCN at their discretion to be honest! But might ask the question anyway, assuming that doesn't mean I'd lose the discount? Can anyone confirm wheththat's the case?

Thanks

Title: Re: PCN in Hackney Marshes carpark - code 86: Not parked correctly within the markings of a bay
Post by: stamfordman on December 16, 2025, 10:25:13 pm

I can't see anything other than an ask for discretion - where you parked doesn't seem outrageous.

Title: PCN in Hackney Marshes carpark - code 86: Not parked correctly within the markings of a bay
Post by: schmuel on December 16, 2025, 01:02:09 pm

Hello all,

Received the below pcn the weekend before last. I was taking kids to their weekend football and parked the car on the edge of the Hackney Marshes carpark - not in a bay, so suspect I'm bang to rights on this one but thought I would seek opinions here before paying at the discounted rate.

Also below is a pic of one of the signs in the carpark. I checked and there is a line in there about parking within a bay (might be too small to read on the pic).

And finally, there should be a pic of the car which I took at the time.

I did pay for 2 hours of parking. Reason I parked it where I did was we were running late and the car park was quite full, didn't think it would be a problem leaving the car where I did as there was plenty of space for everyone to get past. But lesson learned!

If anyone has any thoughts on a possible appeal I'd be glad to hear them, otherwise will pay at the discount in the next couple of days.

Thanks all

(https://cdn.imgpile.com/f/IOiXpPQ_xl.jpg)

(https://cdn.imgpile.com/f/Xta4vde_xl.jpeg)

(https://cdn.imgpile.com/f/hrMiHzK_xl.jpeg)