Free Traffic Legal Advice

This wording from our admin on a previous case gives some ideas. The footway markings aren't good enough to say where the bays are is one point.

Note the part about the resolution.

----------

Dear ...

Thank you. I will add some points from here when I recieve the NTO.

The council has also sent a rejection letter on Friday :

Thank you. Informal challenge submitted.

Good morning.


Please find photos below :

Good morning everyone.

I received this PCN on a Saturday despite the restrictions stating it was till 5:30PM on a Friday.
I returned to my vehicle to find that only I had a PCN on my windscreen and none of the other other cars had one. I made sure I did not park blocking anyone's driveway or was on someone's dropped kerb.

PCN PHOTOS :











GOOGLE STREETVIEW :

https://maps.app.goo.gl/KDvq8xJtDXLZa1n66



Thank you.

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.