Free Traffic Legal Advice

Many thanks for your replies
I have updated the post to include a link with the photos of the PCN. We have carefully checked our post and aside from the PCN, no charge certificate arrived at our address in writing

My sister is the named keeper of the car on the V5c form

If she opts for option A and hoping to get lucky, would that complicate matters if they refuse and she chooses to ignore the CC and submit a Statutory Declaration when the OfR arrives?

I know, what a ridiculous letter. They also never clicked the links to see the other cases and what a waste of everyone's time to reject two appeals only to fold with the threat of going to the tribunal

Hello, sadly the council rejected my formal appeal. Here is their response:

Traffic Management Act 2004
Penalty Charge Notice : HZ76996801
Verification Code : 77G415
Date of Contravention : 02/04/2024 at 10:03
Vehicle Registration : KP19UZJ
Location : KINGWOOD ROAD
NOTICE OF REJECTION OF REPRESENTATION
Thank you for your representation.
Why the PCN was issued?
The PCN was issued because the vehicle was parked in a suspended parking bay during
controlled hours.
Your challenge
You have stated that;
“At the time of parking I walked towards the regulatory sign for the bay and I did not see
any suspension sign attached, therefore I had no reason to conduct any further searches
for signage attaches to trees, railings or elsewhere.
I therefore challenge liability because the alleged contravention did not occur. This is
because the authority appears to have attached the suspension sign to a tree, and in the
rejection of my initial appeal you seemed to accepted that the suspension sign was not
placed correctly on the regulatory sign for the bay. The legal duty on motorists is to check
the regulatory sign for the bay. There is no legal duty to conduct a random inspection of
the local flora. If the suspension sign had been where it should have been then I would
have parked elsewhere.

I also draw your attention to the decisions in Saeed at https://2ly.link/1yVLY and Gajendra
at https://2ly.link/1yVLZ and while these are not binding, there is no reason to believe the
tribunal would reach a different conclusion on this occasion.”
My findings
Council officers can suspend the use of parking bays for reasons such as:
• to provide access for people moving house
• to provide access for utility companies who need to do street works
• to provide access for Council contractors (drain clearing, tree pruning, etc)
• to provide access for funeral cars
When we suspend parking, we place yellow warning signs in the area at least seven days
in advance, these warn motorists that a suspension is (or will be) in force. No vehicle may
park in a suspended area while the suspension is in force, unless the space was
suspended for that particular vehicle.
The CEOs notes state that; following a period of 6 minutes' observation, over which no
activity involving the vehicle was seen, the PCN was issued.
I can confirm the temporary signage for this suspension was located on a tree directly
behind your vehicle. Furthermore, we are satisfied that the sign was placed in a
reasonable location which was clear and visible to drivers.
Drivers have a responsibility to comply with all signs and markings relating to road traffic
restrictions and directions. I am therefore satisfied that the PCN was correctly issued.
My decision
I have considered what you have said and all the available evidence, but I do not agree
that we should cancel your liability for this Penalty Charge Notice (PCN).
What happens next
Your options are detailed below.
The amount currently due is £130.00.
Before the end of the period of 28 days (beginning with the date of service of the notice of
rejection), you should:
- pay £130.00; or
- Appeal to the Environment and Traffic Adjudicator. To appeal, complete the enclosed
form `Your right to appeal` and send it to the London Tribunals - Environment and Traffic
Adjudicators. DO NOT SEND YOUR APPEAL FORM TO THIS OFFICE. Alternatively you
can make your appeal online at the following address www.LondonTribunals.gov.uk.
Please ensure that you quote the unique appeal verification code stated on this Notice of
Rejection and follow the online instructions on how to complete your appeal.
Any appeal to London Tribunals should be made within 28 days of the date of service of
this notice. Late appeals may be considered; however, this would only be at the discretion
of the Adjudicator.

Appealing to the Adjudicator is free. Adjudicators do not normally award costs or
expenses, although they can do so if they decide that either you or we acted frivolously,
vexatiously, or wholly unreasonably in the appeal, or that our decision in this Notice of
Rejection was wholly unreasonable.


Never done an appeal to the tribunal before, any advice for completing the process?

Many thanks as always

Images from the letter here

Yes I do and it is up to date

Thank you so much!

Sadly the appeal got rejected yesterday. Here is the council reply

Thank you for writing to us about the above Penalty Charge Notice (PCN).
Why the PCN was issued?
The PCN was issued because the vehicle was parked in a suspended parking bay during
controlled hours.
Your challenge
You have stated that:
At the time of parking I walked towards the regulatory sign for the bay and I did not see
any suspension sign attached, therefore I had no reason to conduct any further searches
for signage attaches to trees, railings or elsewhere.
I therefore challenge liability because the alleged contravention did not occur. This is
because the authority appears to have attached the suspension sign to a tree, and the
legal duty on motorists is to check the regulatory sign for the bay. There is no legal duty to
conduct a random inspection of the local flora, especially when parking at night and it is
not illuminated so is not obvious.
If the suspension sign had been where it should have been then I would have parked
elsewhere.

My findings
Council officers can suspend the use of parking bays for reasons such as:
• to provide access for people moving house
• to provide access for utility companies who need to do street works
• to provide access for Council contractors (drain clearing, tree pruning, etc)
• to provide access for funeral cars
When we suspend parking, we place yellow warning signs in the area at least seven days
in advance, these warn motorists that a suspension is (or will be) in force. No vehicle may
park in a suspended area while the suspension is in force, unless the space was
suspended for that particular vehicle.
The Civil Enforcement Officer’s (CEO) notes state that; following a period of 5 minutes'
observation, over which no activity involving the vehicle was seen, the PCN was issued.
I have noted your comments in regards to not seeing the suspension signage, however
after viewing the image provided by the issuing CEO the signage is placed near where the
vehicle was parked.
It is the responsibility of the driver to ensure that they are aware of and comply with the
restrictions in force, reading and understanding all relevant signage. If the restrictions are
not known, or cannot be complied with, alternative parking arrangements must be sought.
Please view the images below.

Drivers have the responsibility of checking signs and markings, and must act in
accordance with them. I am therefore satisfied that the PCN was correctly issued.
My decision
I have considered what you have said and all the available evidence, but I do not agree
that we should cancel your liability for this PCN.
What happens next
Your options are detailed below.
If you wish to pay at the discounted rate of £65.00, you may still do so, provided we
receive your £65.00 payment within 14 days of the date of this letter. THIS OFFER WILL
NOT BE REPEATED. Once these 14 days have expired, the full charge of £130.00 will
become due.

How to pay:
By MASTERCARD, VISA CREDIT, VISA DEBIT, or MAESTRO:
Online: at www.lbhf.gov.uk
By Phone: by calling us on (020) 7371 5678. We have an automated payment system
that you can use at any time.
By Post: please make all cheques and postal orders payable to the `London Borough of
Hammersmith & Fulham`, writing your registration number and PCN number on the back,
cross your cheque or postal order `a/c payee` and send it to: LBHF Parking Services, PO
Box 4666, Worthing BN11 9FY - (PLEASE DO NOT SEND CASH BY POST).
How to take the case further:
1 If you do not pay, we will send a `Notice to Owner` to the keeper. This form offers the
keeper the chance to formally challenge the PCN, or to pay the full charge (by this time it
will be too late to take advantage of the discount). If you are not the registered keeper, let
them know what you decide to do and that a Notice to Owner will be issued to them in due
course.
2 If we still disagree with you, the keeper can take the case to the Environment and Traffic
Adjudicators; they are independent and their decision is binding on both sides.

Yours sincerely

E Martin
Correspondence Officer


Is it worth taking the case to the tribunal?

Advice received already

"I would submit reps stating that you regularly park in this bay, and saw no suspension sign attached to the bay restrictions sign when parking. A motorist is only obliged to check the restrictions sign when parking. With no suspension sign on the restrictions sign for this bay, the contravention did not occur."

Also posted on pepipoo
http://forums.pepipoo.com/index.php?showtopic=153861#