Free Traffic Legal Advice

What have you submitted?

I have just followed your instructions above to register the appeal. I have not yet drafted the appeal points. Planning to use the draft I wrote earlier, unless board members think it is inadequate.

If you get rejected and go to the tribunal the council will, if they fight on, produce the PCN and I can check it for legaility at that point.

Message to everyone else, keep all your paperwork safe, it may be useful. I'm a bit boring. I still have paperwork on cars I sold years ago which has enabled me to make mis-selling claims for the emissions cheating which has already led to one modest payout.

I have now received the original PCN as part of the council's evidence. Please see the PCN below.

https://imgur.com/a/sRNRWZG

I still want to see the Pcn please

Unfortunately, I have lost the original PCN.

I only have the Notice to Owner.







This is the draft of my appeal to the tribunal.




APPEAL AGAINST PENALTY CHARGE NOTICE-- NO. XXXXXXXX

The Charge

Contravention 21 – Parked wholly or partly in a suspended bay or space.


My appeal is therefore based on the following ground:-

(1) Penalty notice is ambiguous and misleading
The penalty notice refers to ‘4 car spaces outside 19 -25 Atherton Street'.
There are no marked spaces, therefore 4 car spaces and 19-25 is an ambiguous description which is extremely confusing to the average driver.
When I parked my car, I read the suspension notice and diligently made sure that I left the required 4 car spaces behind me from 19 Atherton Street.

In my formal appeal, I have asked the council to show me how it arrived at the conclusion that there were less than 4 car spaces behind my vehicle at the time that I parked. Furthermore, I requested the council to provide me with a copy of whatever evidence they have that proves this point (including their definition of the length of a "car space" and the legal argument they intend to make that justifies this definition) so that I can make an informed decision about taking this case to the parking tribunal.

The council has failed to respond to both requests, so I am not able to effectively defend myself at the tribunal.
With respect, I would refer the adjudicator to ETA 2210026624 and the review of that decision.

Extract of the adjudicator ruling
“I have considered the totality of the evidence before me and I find that I cannot be satisfied on balance that the signage which highlight the suspension is adequate or clear for the purposes of the
authority discharging their duties in demonstrating that the reasonable driver would have been aware of the exact length of the suspended bays. There is some ambiguity as to the length of a bay and further the exact length of the suspension was not properly marked out end to end in order to avoid any ambiguity.
I find therefore given the totality of the evidence before me on balance, which includes lack of adequate signage and the fact that the Appellant's vehicle is seen parked at the very edge of what might be the 5 suspended spaces, then this leads me to the conclude there is some ambiguity as to
whether there is an actual contravention. For these reasons I therefore allow the appeal.”

I would respectfully ask that the PCN be cancelled on the above ground.

PCN has been cancelled by Haringey Council.    

Thanks DancingDad.

I am planning to send the draft below as my appeal. Any suggestions please?

"The measured span between the starting point at 19 Atherton Street and the conclusion at 25 Atherton Street is 21.1 meters. According to The Traffic Signs Regulations and General Directions 2016 (TSRGD), a parking bay must have a minimum length of 4.5 meters. This unequivocally demonstrates that the vehicle is not situated within the designated area for four parking spaces as indicated on the suspended parking sign."

This was the evidence I previously sent.

https://imgur.com/a/Exg4sq9

Here is the rejection of the appeal by the council

https://imgur.com/a/8GbJMdT

Please see  the draft of my initial appeal to the council that was rejected below. Any ideas on what to add/remove for the next challenge?

"I am writing to formally appeal the Penalty Charge Notice (PCN) I received on 22/06/2023 for an alleged parking violation at Atherton Street. I respectfully request that you review the circumstances surrounding this incident, as I firmly believe that the ticket was issued in error.

According to the PCN, I was accused of parking in a suspended parking zone between 19 to 25 Atherton Street. However, I would like to bring to your attention that I was, in fact, parked directly in front of 27 Atherton Street, which was not part of the suspended area. I have attached pictorial evidence that clearly shows my vehicle parked legally in front of the aforementioned address during the time specified on the PCN.


I kindly request that you carefully review the attached evidence, which clearly demonstrates that my vehicle was not parked in a suspended zone. I trust that upon examination, you will acknowledge the error and promptly cancel the penalty charge.

In light of this situation, I kindly ask for your understanding and swift resolution to rectify this matter. I appreciate your attention to this appeal and I kindly request that you respond in writing to confirm the cancellation of the PCN. Should you require any further information or clarification, please do not hesitate to contact me.

Thank you for your prompt attention to this matter."

Hello fellow forum members,

I'm seeking your advice on whether I have a strong case to escalate my parking ticket appeal to the tribunal. Here's a brief rundown of the situation:

Parking Suspension Location: The council indicated that a parking suspension was in place between 19 - 25 Atherton Road.

My Parking Location: On the day in question, I parked in front of 27 Atherton Road, which is outside the suspension zone. (The council claimed the rear portion of my car fell within the suspension zone)

Timeline: I appealed against the ticket on 26 June. They only responded to my appeal on 6 September, which, to my understanding, exceeds the 56 days allowed for a response.

The council rejected my appeal. Given these circumstances, do you believe I have a good chance at the tribunal? Has anyone faced a similar situation or have insights about the 56-day rule?

Appreciate any guidance or experiences you can share. Thanks in advance!


https://imgur.com/a/Exg4sq9

https://imgur.com/a/Op29Urk

https://imgur.com/a/8GbJMdT

Member


Group: Members
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Joined: 15 Aug 2018
Member No.: 99,420



I am reaching out to seek assistance regarding a parking ticket I received last Saturday at 19:21.

I am hoping that someone from the forum can provide some guidance on how to handle this situation.

The issue I encountered is with regards to the parking sign in the area where I received the ticket. The sign displays two separate and conflicting times. At the top, it indicates that parking restrictions were from 6:30 - 10pm, while the sign at the bottom states that restrictions apply from 8:00 - 6:30pm.


Additionally, when I attempted to pay for parking using the designated Parking app because of the ambiguity, I received a message saying that the parking session cannot be started at that time or something similar to that effect.

Any good chance of appealing this?



https://imgur.com/a/Osia6ET

https://imgur.com/a/4hN2Uau