Free Traffic Legal Advice

I recently moved in with my partner into an apartment (which they already owned) in one of the private housing blocks on Hoffman's Road (link: https://maps.app.goo.gl/cmn1WcBhKwQRyzSU8). I have always owned a car prior to this (and never lived in any location where parking at my own residence was an issue).

However, there are only a limited number of parking spaces available for residents on the estate (not council run) - very few of the residents have their own spaces, and are usually forced to compete with each other at auction whenever one of these becomes available to purchase. My partner does not own one.

I have been on the council website (https://www.myringgo.com/walthamforest/permitapplications/info/94157/H) to obtain a resident's permit for the streets adjacent within my zone (BL), but have been met with this statement:

Annual resident permits are only available to Waltham Forest residents who live within a controlled parking zone and are not living in part of a car free development.

I'm not entirely certain what this means, but from speaking to neighbors it seems that "car free development" applies to us. If so I'm beyond frustrated - I personally would never have bought an apartment here myself if I had known these terms, but the circumstances were unforeseen/unavoidable from my pov. We're unfortunately not in a position to move anywhere short term, but I do need access to my car which I am now unable to park where I live. Rock and hard place.

Can anyone offer me any advice (legal or otherwise) to handle this situation? I get that the council are trying to manage a borough with over crowded roads and insufficient space to handle an expanding number of car owners, but they seem to be tackling this in a very discriminatory way.

On the evening of 4th April, a relative came to visit us and parked in Hooker's Road (on double yellow lines, outside of a marked bay - see photos below, link: https://maps.app.goo.gl/CNdy7eyJ62oBNbWSA). When they returned to their vehicle they found they had been issued a PCN at 9:03pm, with the violation code stated as "01 Parked in a restricted street during prescribed hours".

At first glance this seems like an incorrect violation code - the prescribed hours that restrictions are in place is 8am - 6:30pm, Mon - Sat (permit holders only). There is no mention of being parked outside of the bay.

One thing to note though is that all of the signs have been spray painted over in red (see photo below) - I'm not sure what the purpose of this was. Could this be an attempt to invalidate the timings of the restrictions so that they apply 24/7, or simply vandalism? If anything it makes it less clear what the restrictions actually are.







Thanks!

@timoteus at this point it would be really helpful if you could make a subject access request to WF council to find out exactly why they DNC'ed your appeal

I've submitted an SAR - it's stated that a response may take up to 1 month to be received

Apologies for the late update:

A couple of weeks ago I received the letter below from the council stating they did not wish to contest the appeal:



The tribunal site confirms this decision, so there is no need for today's hearing.

Thanks for your assistance!

Looks like they have uploaded the video footage (same file you had posted the link to earlier @cp8759), but I can't see any other uploads yet besides what I uploaded myself on 19th May:

Hi all,

A few weeks ago a created a thread at https://forums.pepipoo.com to seek advice regarding a PCN I received from Waltham Forest for "52M Failure to comply with a prohibition on certain types of vehicle", issued on 03/04/2024. Unfortunately their site appears to have been down for several weeks now, so I am seeking advice here instead.

The road in question was open to vehicles travelling in both directions until 09-2023. Since that time, a restriction has been put in place for vehicles (except cyclists) travelling eastbound, which begins about 30m after the entrance to the road.
It was the position of the signs that caused the confusion, as I was not expecting restrictions to begin in the middle of the road, which would cause vehicles legitimately entering the street to have to perform a  difficult U-turn in the middle of the road in order to comply. There is also a "No-through road" sign posted at the actual entrance, but is angled so that vehicles turning right into Blenheim Rd from Blackhorse Lane would not see it (as happened to me).

PCN attached:






Below are some photos of the street showing the available signage:







Based on the advise I received at PPP, the following informal appeal was submitted on 15/04/2024:

Dear London Borough of Waltham Forest
Ref: PCN FR62082781
VRM: HY16WXW

I make these representations against the above PCN:

1. The signage at the entrance to Blenheim Road is insufficient and inadequate. When travelling northbound on Blackhorse Lane E17 and making a right turn into Blenheim Road, there are no visible signs warning that there is restricted entry further down Blenheim Road. The only sign at the entrance which warns of "No Through Road" (Except Cycles) is positioned at such an angle that it is not visible to drivers entering from this direction. [Please see photo below]
2. The signage in Blenheim Road where the restricted entry starts is not at the entrance to the road nor at any natural junction. The prohibition signs, CCTV signs and a blue information sign about Forest Road are positioned further than 30m from the entrance to Blenheim Road. This causes confusion for any driver who having driven to this point without contravening any regulations, and once having assimilated the information on the various signs, is faced with an unexpected U-turn type manoeuvre in an area of road constricted by parked cars. Furthermore, the "No Entry" markings on the road itself are confusing in conjunction with the signs, as they contradict the right of cyclists and those using non-motorised forms of transport to proceed.

In light of the inadequate, perplexing, and confusing signage I request that the PCN be cancelled.

Yours faithfully,
[redacted]

At the beginning of last week, I received a notice of rejection of the above appeal by post, allegedly sent on 06/05/2024 (though received only a few days ago). See attached below:








(This was despite an automated reply from wfpcn@nsl.co.uk being sent on 15/04/2024 clearly stating:

Correspondence received by email before the Notice to Owner has been issued will be responded to by email.  Please ensure that you check your Junk/Spam emails to ensure you do not miss our response.

I have 3 more days to either pay at the reduced amount or appeal via the adjudicator. I am willing to go via the adjudicator route and risk the additional £65 if there are grounds for appeal with even a 50:50 chance of success, but if this case looks hopeless I guess I will cough up. Grateful for any advice I receive in this thread.

Many thanks!