Free Traffic Legal Advice

Hi all and HNY

Just wanted to update this thread. We submitted as advised here and on 17 Dec 25, received the following reply:

We have received your request to appeal the parking charge xxxx issued to vehicle xxxx. The reason you have submitted for appeal is
I am the keeper of vehicle xxxx. You have been passed my details as the keeper. This is not an admission as to the identity of the driver. I will not be naming the driver. You cannot transfer liability because you have not complied with the Protection of Freedoms Act 2012, Schedule 4 for hire vehicles (paras 13–14). A valid Notice to Hirer must be accompanied by: 1. a copy of the hire agreement 2. a statement of liability signed by the hirer 3. a copy of the original noticeThese documents were not enclosed with your notice. Therefore there is no hirer/keeper liability and the charge must be cancelled. Please cancel this charge. If you refuse, please supply a POPLA verification code.

Your ticket has now been placed on hold while we review your appeal. You'll be notified of the outcome via email within 28 days, though it is usually much sooner than this.

It is now 13 Jan 26, and we still have heard nothing back (yet!)

Appeal has been submitted by the keeper.

I may be back! Thank you.

The driver works for a company and has a lease car through the company. Part of driver's remit is to visit store branches. As they had never visited this store prior, the store manager emailed them to say parking is free for 2hrs. They parked for 1hr 56mins.

Unfortunately, the store manager was incorrect and parking is only free for 90mins, so 26mins over.

We have appealed to their company who states that in her T&C, they is responsible for any parking notices.

I have checked signage and it does state 90mins free. We have had a conversation about not relying on people's words and to check for themselves in future!

However, where do we stand with regards to this parking charge? Should we pay or do we appeal? The image shows the vehicle registration and a picture of them driving.

We're over 60 days since we submitted the challenge (28 March) and we haven't heard anything.

We're over the 28 days now and have had no correspondence back. Is this normal?

Didn't hear anything back here - so formal representation submitted. Fingers crossed.

Dear West Lindsey Council,

I do not believe that the penalty charge is payable and make representation for PCN QW50152870 on the ground that the alleged contravention did not occur. West Lindsey Council allege that the vehicle was deemed to be parked in a car park without clearly displaying a valid pay & display ticket or voucher or parking clock in John Street Car Park, Market Rasen.

Upon consulting the West Lindsey District Council (Off-Street Parking Places) (Civil Enforcement) Order 2022, the Traffic Management Order has no provisions or requirement for a vehicle registration plate being printed anywhere at all, it is simply not a legal requirement.

Case Law Pay and display - no requirement in TMO for VRM to be printed on ticket:

•   Paul Van Staden v London Borough of Redbridge (2220910825, 14 January 2023)
•   Fozia Rehman v London Borough of Redbridge (2230182021, 20 May 2023)

In the informal representation I made to West Lindsey Council I provided photographic evidence confirming a parking ticket had been purchased over the relevant time and date (included here in my representation), however the ticket machine had failed to print the vehicles full registration, and this is the only basis on which the PCN was issued. The ticket machine did not print the first 3 parts of the registration number:

•   Actual vehicle registration: FG19VTD
•   Printed ticked: 9VTD

The issued parking ticket was clearly displayed in my vehicle windscreen along with a handwritten note explaining the ticket machine had failed to print correctly (photographic evidence of this also formed part of my informal challenge to you and is included here again).

Furthermore, I have revisited the John Street Car Park and there is no signage stipulating that a full vehicle registration number is required (photographic evidence supplied).

In your response to my informal challenge, you accept that I had paid for parking but are unwilling to cancel the PCN.

I challenge liability for PCN QW50152870, if you do not accept any of the above, I nonetheless invite you to reconsider whether it would serve any traffic management purpose to pursue enforcement, considering that parking was paid for in any event.

Yours faithfully,

Better? And noted to provide all photo evidence in my reply.