Free Traffic Legal Advice

@tincombe.

Thank you, I used what you gave, filled in the details, and modified it for a little more accuracy. Thank you very much.

Thank you so much!

I will edit and submit this (or my wife will at least).

The council vehicles have Islington decals on them.

They have a "base" on Brewery Road. But despite having their own parking yard, they seem to use all the resident bays.

I've been told by a CEO they are to only use the IS-D business bays, but that doesn't happen. Well it does, but they overflow onto the permit bays.

No reps made against NTO yet. Was wondering on what grounds to submit reps.

Should I just submit my original appeal again?

The signage shown in the council's response is 0.3miles. Which according to Google maps is a 6min walk, therefore 12mins there and back.

Owing to the 0 minute observation time. Someone traveling to and from that sign in order to check the timings, would have found themselves with a PCN anyway.

I appealed again along those grounds.

I knew the parking timings. I left it overnight, and forgot to move it the next day. Normally I'd wake up and move it to a permit bay as it becomes available.

I was just seeing if I had any way of wriggling out of it.

They have stated 10 minute observation is for after a payment session expires.

I accept that, but is there no observation period for before a payment is made?

Surely it's not right that the PCN states 9.41to 9.41 as an observation period. Which means the CEO printed as soon as he possibly could to try avoid the motorist paying or even returning back into the car after deciding not to pay?

And yes the photos show 9.43 etc, but with the PCN already printed, had I returned to the car, the would have simply said "sorry it's already printed". Like they've done on so many other occassions?

IMO, TfL actions are subject to the Act and Practice Direction, in this case:

https://www.londontribunals.gov.uk/sites/default/files/Practice%20Direction%2003-2024%20on%20behalf%20of%20ETA%2028%20November%202024%20%28PWS%29.pdf

OP, you are Ground 2. This means that TfL have options:


1. To refer the matter to the adjudicator at which point the Proper Officer 'will write' to your wife to get confirmation that reps were made. With this option the decision lies with LT whether to register TfL's referral as an appeal(para. , or

2. To refer the matter to the adjudicator AND re-serve the NOR, in which case no action is required of the adjudicator unless your wife fails to pay or appeal to the adjudicator within the period allowed (paras. 10 and 11).

TfL should act promptly in either case and I don't see that they would or may hold progression simply because the owner claims that a CD was broken. Under 1 above, the issue is procedural(were proper reps actually made) and if ultimately registered as an appeal(NB. not your wife's choice) then she would have plenty of time to be supplied with the CD. 2 above doesn't seem to apply because you've not suggested that a NOR has been re-served. But let's see the covering letter which came with the bundle pl. 

In short, IMO her next communication should be from LT and your wife doesn't need to do anything. However, if she doesn't have a copy of the reps, then ask for one from TfL, assuming there isn't a copy in the bundle.

Hi,

sorry for the late reply.

I've attached below the cover letter. It came with a big bundle of evidence that they submitted to the LT.