Free Traffic Legal Advice

Good morning.

I am running out of time.
Do I make a formal representation or just pay the fine?

I am compared the back of the PCN with another from a London borough and the wording seems to be almost identical.

Thank you H C Andersen.

The council has replied to my informal challenge.



We have fully investigated your case and can see you were issued a PCN for parking at a point where the pavement slopes down to meet the road surface. These can be in place for a couple of reasons 1. Allow access to a private property/driveway access. 2. The kerb may be lowered to make it easier for people to cross the road, especially people with prams or wheelchairs, and so need to be kept clear.
Parking across a private driveway dropped kerbs is only permitted show you have the permission of the property owner/occupier. If you parked without said permission, the owner/occupier can report your vehicles presence to the council and request a Civil Enforcement attend the location. Civil Enforcement officers do not issue to vehicle across private driveway dropped kerbs unless a complaint is received.
No signage is required for a dropped curb contravention as it is also clearly stated in the Highway Code (Rule 217) that you are not to park your vehicle where the curb has been lowered or in front of an entrance to a property. Parking alongside or obstructing a dropped curb is an instant contravention and is enforceable 24 hours a day, 7 days a week.
Having reviewed the incoming complaints records for the date in question, we are able to see a complaint was received for the location, when the Civil Enforcement Officer attended the vehicle was found to be parked in contravention and as such the PCN was issued. Having reviewed the images taken by the Civil Enforcement Officer we are satisfied that the PCN was issued correctly on this occasion.


Although I appreciate that you did not intentionally breach the Traffic Regulation Order, the fact remains that you were in contravention of the order. Unfortunately, the circumstances you described give Southend City Council insufficient grounds to cancel the Penalty Charge Notice as stated above.
Whilst I am unable to cancel the penalty I am able to offer you a further 14 days, from the date of this letter, to pay the PCN at the discounted rate.
You now have two options.
Option 1 – Payment at the discounted rate
Please now make payment of £35.00 which is the discounted amount. The charge will revert to its full amount of £70.00 if we do not receive the 50% discounted payment within 14 days of the date of this letter.
Option 2 – Make formal representation:
If you have not paid before the end of 28 days beginning with the date of service of the PCN, a Notice to Owner (NtO) will be issued to the registered keeper of the vehicle. The NtO will allow the registered keeper to make formal representations appealing against the issue of the PCN; the procedure for doing so will be explained in the NtO. Any new evidence can be submitted with the formal representation.

I would simply say that you own (live?) in the road and have parked as can be seen on previous occasions without issue or complaint. From the PCN it would appear that this is not permitted and may be penalised. You apologise and won't park in this way again.

I would not even refer to the cable works, just keep the authority focused on your apology.

IMO, there's a procedural defect with the PCN, but I wouldn't argue this at this point.

Are you the registered keeper with current DVLA details and do you have access to this address regularly?

Yes, I am the registered keeper with current DVLA details and have access to the property regularly.
I have made an informal appeal today as this was still allowed on the council's website.

And the other obvious question is how have you managed without penalty for so long. if the works were done some years ago. GSV shows the new layout in June 2023, the previous of November 2020 showing the old paving stones and kerbs.

It seems parking in contravention was commonplace even with the old layout as GSV of 2020 shows: -
https://maps.app.goo.gl/sdoyAKdjuCUgCNLJ8

Another question is, if you parked opposite and blocked that drive, and maybe others how were neighbourly relations maintained ? Every house Seems to have a parking space and dropped kerb, so does yours have this as well ?

I regularly travel for work to other sites and am away from home. I usually park right outside my house but if others have parked there, I park at that spot. Even when I do park there, I usually park at 5PM and am gone by 8AM. The owners know me and would have told me if they had any issues.
Their house has two cars and this is how they reverse out.



Unfortunately on my side of the street, not all houses have enough space at the front or side for a driveway and thus not eligible for a dropped kerb. Most houses on the street park across their dropped kerb rather than on their driveways as well for some strange reason.

From personal experience only a few years ago,

I was 0.4s into the red. Police said it was 3s. I had to send my Dashcam video footage and use an add-on with VLC media player and then Ice cream screen recording software to prove that it was 0.4s. I even had to buy a blank DVD and a DVD ROM on my PC to burn the footage and post to them.

Courses are at the Force's discretion and you cannpt demand to have it!
You will have 3 options :
- Go to court with a solicitor ( which costs ££ ) and plead not guilty and fight
- Plead guilty and part with 1 week's pay
- Plead guilty and go to court and accept 3 points and a £100 fine

I chose option 3.. my insurance went up and legally it expires after 3 years but insurance companies want you to declare for 4 years.

And, thank you to the great team here for helping me out.

I have not this week.

This is going to be a problem. Mum has been on holiday from 21st February and will come back on 17th June.
Can we not send this info to someone to gett the PCN's back to payment stage?

Good evening.

My mum has her car registered at our old home. We have now rented it out and live elsewhere. Mum forgot to change her address with DVLA or thought she had.
I infrequently visit the property. I visited today and picked up a few letters. It seems mum has recieved two PCN's ( for the same offence but on different dates ) and they are at the final stages!

I would appreciate everyone's help.

This is the Google maps LINK

These are the letters recieved by post:






























@cp8759, your help would be much appreciated.


Sumamry :
PCN 1
Date of offence - 4 FEB
PCN sent by post - 12 FEB
Charge certificate date - 19 MARCH
Payment remidner - 9 APRIL

PCN2
Date of offence - 11 FEB
PCN sent by post - 28 FEB
Charge certificate date - Not rcvd or tenant threw it away
Payment remidner - 25 APRIL


Thanks!