Free Traffic Legal Advice

Hi all,

Re: PCN ZN17442001

I recently made a no right turn as I needed to collect something from the alleyway situated just inside the no right turn and as I was looking out for the alleyway and spotted it very late, I had already passed the no right turn signs that eluded my attention and made a sharp right turn towards the destination.

I had a PCN cancelled due to the help of Hippocrates but have not been able to get in contact with him and wanted some advice from here.

The information that I was advised to write for the previous contravention:

(52(M) Failing to comply with a prohibition on certain types of vehicle (motor vehicles)

‘The PCN wrongly states which action triggers the period in which the council may serve a charge certificate: “If the Penalty Charge is not paid before the end of the period of 28 days beginning with the date of service of this notice an increased charge of £195.00 maybe payable. We may then send you a Charge Certificate.” The law states at Schedule 1 5:
1)Where a penalty charge notice is served on any person and the penalty charge to which it relates is not paid before the end of the relevant period, the enforcing authority may serve on that person a statement (in this paragraph referred to as a “charge certificate”) to the effect that the penalty charge in question is increased by 50 per cent.
(2)The relevant period, in relation to a penalty charge notice is the period of 28 days beginning—
(a)where no representations are made under paragraph 1 above, with the date on which the penalty charge notice is served;
In light of the above, the PCN is invalid and unenforceable.’

This PCN (ZN17442001) has the same wording as the previous cancelled PCN.

My question is, should I send an appeal with the same wording and explain the reason why I turned into South Grove, or not mention the reason for turning and just send the above statement?

And, should I send it within the 14 day reduction period?

Many thanks,

Its_a_Cracker

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Just e mail me the authorisation e mail and I will deal with it for you.

Hi Phillip,

Apologies, I sent an email for your authorisation at 8.32pm and didn't think to let you know that I had sent it.

Best regards,

Cracker

I will do it later as I am behind schedule today.

Thank you Hippocrates, I appreciate it 

Best regards,
Joel

Ah yes sorry.

CEO only took five pics and none of terms board(s), which could help if one nearby was misleading according to you.

PCN time 18:41 so waiting to pounce probably but observation from 18:35. 

Hi Stamfordman,

According to me and what my brain could see was a sign showing a rate for parking times up until 18.30 and didn't register, especially being a Sunday evening that there could be a night rate. I am from north London and am not familiar with the area whatsoever and was only passing by to help my girlfriend move into her new home. It was a stressful day transporting a refrigerator that was hanging out the back of the car.

I could always say that I bought a ticket but due to the boot being open but tied down, that a gust of wind must have blown the ticket from the inside windscreen and it fell off and was out of view from the attendant lol

Thanks for your helpful observations.

Best regards,

Cracker

That's about the time we left the vehicle. Pounce indeed, they were probably watching us as we sat there and knew we were waiting for 18.30 to pass, as they've seen the same thing happen many times. Crafty so and so's

Hi Hippocrates,

Thank you for your message, I really appreciate it.

Just to clarify the signage didn't have paint over the night time rate, that was just a picture I found online. I wrote at the bottom of the picture uploaded to Imgur.com (https://imgur.com/a/w8jwbbH) that it might as well have had paint over it as I didn't see it after reading the first part and day rate stating £2.00 up to 18.30. So misleading to have another nightly rate with a 10p increase for them to justify the misleading signage.

When you say screenshot everything, including the old pictures of free parking on Sunday's which of course was the same day I entered the car park and the paint covered picture. All the pics, I can find online?

Best regards,