Free Traffic Legal Advice

That would be great thanks!

It's one thing representing yourself to council, but it's feels a lot more intimidating when it gets to the tribunal point.

Yeah the gate/barrier has been what I would consider the edge of the carriageway in the absence of markings, not to mention front passenger side proximity to the curb in front of the car.  So surely it would at least be distinguishing between the edge of the carriageway and private land?

I've responded to your DM with the details you've asked for now.
If there is anything else please let me know.

I can accept paying a penalty when I make a mistake and they issue a PCN for a valid contravention as at least it would be more understandable.  I get the point of the contravention they've alleged I've broken, just not how they've managed to come to the conclusion none of the vehicle is within 50cm of the edge of the carriageway at it's rear, side or front without measuring it before moving to the next step.

Again, thanks for everyone's help no matter the outcome!

Thanks!


I've sent my submission and taken screenshot as suggested, just in case of IT issues.

Really appreciate all your advice on this.

I'll update with the outcome, hopefully not too long to wait.

Hi,

So I sent a further message, unfortunately it seems I've shot myself in the foot when I first challenged it?
This is the reply I've had today:

"
Email: parking@lancashire.gov.uk
Our Ref: LPSHU
Date: 19 March 2024
Traffic Management Act 2004
Penalty Charge Notice: LQ5257303A
Vehicle Registration Number: NL62BLX
Make: NISSAN
Date and Time of Contravention: 06/03/2024 at 09:28
Location: CARLTON STREET(PRESTON)
Parking Contravention: 26 Parked in a special enforcement area more than 50
centimetres from the edge of the carriageway and not within a designated parking
place

Dear ****
Thank you for your further correspondence challenging your Penalty Charge Notice
(PCN).

We are unable to reconsider your grounds for appeal at the present time as we have
already responded to an informal challenge you recently submitted. The next stage of the
appeal is to make a formal representation against the charge. This cannot be made until
the registered owner/keeper receives the Notice to Owner form which we are not
permitted to issue prior to 28 days after the PCN was issued.

Once this form has been completed and received by us your grounds for representation
will be considered by a different team to ensure fairness and consistency in the appeals
process.

Please refer to our previous response for the options available to you now.
The photographs provided to you in our previous correspondence clearly show your
vehicle was parked in contravention.

You now have the following choices:

- You can pay the discounted rate of £35.00 if payment is received by **24/3/2024**.
Payment will close the case and you will be unable to make a further challenge against
the charge.
- You will be required to pay the full amount of £70.00 if payment is received after this
date. Payment will close the case and you will be unable to make a further challenge
against the charge.
- You can continue to contest the charge. If payment is not received within the 28 days
from the date of the Penalty Charge Notice, we will send the registered owner/keeper a
Notice to Owner form. This will offer you the opportunity to pay the full charge or to
submit a formal representation against the charge by completing and returning the form.
- Should your formal representation be unsuccessful, you will be able to take your appeal
to an independent adjudicator.

How to pay:
- By phone on 0300 600 0010. Lines are open all day, every day (24 hours). Please
have your PCN number and credit or debit card ready. There will be no extra charge for
using your card to make payment. Please note that some card types may not be
accepted.
- Online at www.lancashire.gov.uk/parking and click ‘pay online’.

Yours sincerely,
pp. Peter Bell
Regulation & Enforcement Manager
"

I've uploaded it here: https://flic.kr/s/aHBqjBi6oc
Any advice or am I best just paying this now before the penalty increases?

Thanks

Hi,

I've been reading over the forum re contravention 26 but think I need to seek advice before respond further since my initial challenge hasn't been accepted.

I was issued a PCN at 09:28 on 06/03/24.

CONTRAVENTION CODE 26:
"PARKED IN A SPECIAL ENFORCEMENT AREA MORE THAN 50CM FROM THE EDGE OF THE CARRIAGEWAY AND NOT WITHIN A DESIGNATED PARKING PLACE"


Please check the Link for the CEO's Photos and street view

Street View & PCN Pictures
CEO photos, PCN itself & challenge response: https://flic.kr/s/aHBqjBh8o4
my photos and initial challenge letter: https://flic.kr/s/aHBqjBh8o4
Streetview: https://maps.app.goo.gl/K6ECreNLGvWaJo5F8

Any advice on whether to challenge further and how is greatly appreciated. 

I'm unsure if it is worth asking for evidence showing the vehicle is measured to be more than 50cm away from the curb at the rear (or any other carriageway edge), also I'm unsure re that gate/fence and whether in the absence of road markings that border can be taken as an edge?

It's a space that I'm not alone in using for the last decade when visiting there (Abbey street), as all other areas have been turned into permit parking and the 2hr parking bay behind the rear of the car has now been made permit only no exception as well which is awkward for guests etc.   I'm pretty sure all residents here have issues since there are not enough spaces for the number of households anyway, but it's the first time I've seen anyone ticketed where my car was.

Depending on advice, I may have to find another space for when visiting that street or be extremely careful to ensure it without a doubt stopped within 50cm of the curb etc.

If there is anything else I need to provide please let me know.

Thanks in advance.