Free Traffic Legal Advice

In the absence of b789 you could see whether the relevant authority has published the FOI response, and if not, submit your own request.

In addition to the relevant land argument, in struggling to see what contractual offer to park is communicated by a sign that says "No parking at any time".

they had this sign.




ive added this to my draft:


While I note that there is a sign positioned on the wall behind the location where the vehicle was parked, this sign was not visible at any point prior to parking.

Due to the layout of the road being a dead-end, the vehicle was required to turn before reaching the position of the container. I turned before the container and parked immediately alongside it. As a result, the sign located behind the container was completely out of view and could not be seen at all prior to or at the time of parking.

The sign would only become visible after completing a manoeuvre such as reversing or turning 180 degrees after already parking, which is not sufficient for the purposes of forming a contract.

Additionally, the presence of a large beige shipping container and a pallet of drink boxes further obstructed any possible line of sight to the signage.

For a parking charge to be enforceable, the terms must be clearly visible and capable of being read before the driver makes the decision to park. In this case, the signage was not visible at all at the material time, and therefore no contract could have been formed.

Thanks for your replies.

I have drafted an appeal:


I am the registered keeper of the vehicle and I dispute this Parking Charge in full.

This is the first correspondence I have received regarding this matter and this is my first opportunity to respond. No prior Notice to Keeper was received within the required timeframe. As such, I was not given a fair opportunity to respond or appeal at the appropriate stage. In the absence of a properly served and compliant Notice to Keeper in accordance with Schedule 4 of the Protection of Freedoms Act 2012, you cannot transfer liability to the registered keeper.

Further to this, I dispute the charge on the following grounds:

1. The vehicle was not parked on any red route

The allegation refers to “Parking in a No Parking area” and relies on signage stating “No Parking on Red Routes”. The vehicle was not parked on any red route. There were no double red lines or any standard road markings indicating a red route at the position where the vehicle was parked.

The vehicle was positioned on a separate block-paved area adjacent to the building frontage, outside what appears to be a loading/service entrance. This area is visually and physically distinct from the main carriageway and from any red route markings, which are located further away on the actual roadway.

As such, the restriction stated on the sign does not apply to the location where the vehicle was parked.

2. The area is not clearly defined as restricted

There are no clear boundary markings, signage, or physical indicators to define the area where the vehicle was parked as part of any restricted zone. The block-paved area gives the clear impression of a separate space, such as a loading bay or frontage area, rather than part of a controlled red route.

A reasonable driver would not interpret this area as being subject to the same restrictions as the red-lined roadway. The lack of clarity and definition fails to meet the requirements of the BPA Code of Practice.

3. Inadequate, misleading, and non-contractual signage

The signage relied upon states “No Parking on Red Routes”, which is prohibitive in nature and does not offer parking under any contractual terms. It does not clearly state that parking is prohibited in the specific area where the vehicle was positioned, nor does it clearly display any parking charge at the point of parking.

Such signage is incapable of forming a legally binding contract. In addition, any signage positioned elsewhere (including on the opposite side of the road) is not sufficient to communicate terms to a driver parked in a separate area, particularly where it is not within a clear line of sight.

4. Signage was obstructed and not visible at the time

At the time of parking, site conditions were materially different due to roadworks and temporary obstructions.

A large beige shipping container was positioned directly in front of the building, occupying the area where signage would ordinarily be visible. This container obstructed the line of sight to any signage in that location.

Additionally, a pallet of drink boxes was positioned to the right of the container, further obstructing visibility and altering the layout of the area.

The vehicle was parked alongside this container, in a position that appeared separate from the carriageway and outside any marked red route. Due to these obstructions, no signage was visible, readable, or capable of being understood prior to parking.

Any signage visible on historical imagery (such as Google Street View) was not visible at the time due to these temporary obstructions. This fails the requirement for clear, prominent, and visible signage as required by the BPA Code of Practice.

5. No clear evidence of contravention

Given the absence of red route markings at the parking position, the unclear boundaries of the area, and the obstructed signage, it is not evident that any contravention has occurred. The burden of proof rests with the operator to demonstrate that the vehicle was parked in a clearly restricted area with adequate and visible signage, which is denied.

6. Land status and lack of proof of authority

It is unclear whether the land in question constitutes “relevant land” for the purposes of Schedule 4 of the Protection of Freedoms Act 2012.

I understand that areas around Royal Victoria Docks may be subject to statutory control or byelaws. If this is the case, then the land would not be “relevant land”, and you would be unable to rely on keeper liability under POFA.

You are therefore required to provide strict proof that:
- The land is relevant land as defined under Schedule 4 of POFA
- You have full authority from the landowner to issue and enforce parking charges at this location

I am under no obligation to identify the driver and will not be doing so.

For all of the reasons stated above, I require that this charge is cancelled. Alternatively, please provide a POPLA verification code so that I may escalate the matter.

Hello

I got a PPS notice to keeper charge. it says its overdue too. i never recieved the first letter! see attached...



shall i appeal?

see below of images of the letter i received:










ALSO i remember this day, i went to get my passport renewed from the passport office. there were roadworks on entry... there was a sign i found on google street view. it says 'NO PARKING ON RED ROUTE' SEE ATTACHED.

i never parked on the red route. it was no red route with a disable badge.  there was a shipment container blocker the exit of a building, which covered that signage on streetview where the container was, i parked along side the container. see images attached.

Thanks!

My God, they're incompetent and visit this on poor motorists rather than addressing their shortcomings.

Enough of my editorial.

The PCN is missing 2/3rds of the mandatory Appeals Regulations content and you would succeed at adjudication on this point alone(believe it, you would).

So, what must this type of PCN (known colloquially as a Reg. 9 PCN) tell the recipient?

Penalty charge notices for parking contraventions: service by civil enforcement officers

9(7) A penalty charge notice given under this regulation must include the information set out in—

(a)Schedule 2, and

(b)regulation 3(1) of the 2022 Appeals Regulations.

Oh no, not more regulations! Nobody said this was easy, this is why it's useful to have this forum's resource. How is a motorist supposed to know whether an authority has followed procedures if they omit these procedure from official notices when the law requires them to be included?

https://www.legislation.gov.uk/uksi/2022/576/part/2/chapter/1

CHAPTER 1
Information to be included in regulation 9 penalty charge notices and enforcement notices

Information about right to make representations or appeal to be included in regulation 9 penalty charge notices and enforcement notices
3.—(1) A regulation 9 penalty charge notice must include the following information—

(a)that a person on whom a notice to owner is served may, in accordance with these Regulations, make representations to the enforcement authority against the penalty charge and, if those representations are rejected, appeal to an adjudicator;

(b)that if, before a notice to owner is served, representations against the penalty charge are received at such address as may be specified in the notice for the purpose those representations will be considered by the enforcement authority;

(c)that if a notice to owner is served despite the representations mentioned in sub-paragraph (b), representations against the penalty charge must be made to the enforcement authority in the form and manner and at the time specified in the notice to owner.

You will see that the PCN omits 3(1)(b) and IMO 3(1)(c) because although some of of the words are there, it loses its effect without the context of 3(1)((b). They've only been doing this for 16 years, so let's no be too hard on them.

Before I draft something for you pl post exactly what you received in response to your follow-up letter, the 'sorry can't consider this.....' nonsense so that I can reference this in your next letter.

Thats unbelievable

see attached response via email it was.

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They replied to me:

Good Afternoon,

 

Thank you for your email.

 

Unfortunately, we cannot relook into your challenge as this has already been reviewed by an officer.

 

As previously advised If you do not wish to accept this decision you are able to appeal further to the Councils Parking Appeals section. To do this you must wait for a Notice to Owner to be sent to the registered keeper of the vehicle at the full charge of £130.00. Once this has been received you will be required to follow the instructions given to make a formal representation.

 

Regards,

We will wait.

Hi

I was driving, i am a named driver on on insurance. My wife, who was with me is the RK of the car...  does it make a difference or make a issue goign forward?

what sort of costs?

Next stage would be a Notice to Owner addressed to the registered keeper who would be able to make further(also know as formal) representations which if rejected would allow them to access the tribunal.

Are you the RK with current DVLA details?

If this ever got to Tribunal, then you'd phrase any formal reps in order to line you up for a costs award against the authority. This sort of misapplication of established legal framework should not exist and should not be tolerated.

The law on footway parking came into effect in 1974; authorities' enforcement powers in 2008 and the signs Regs in 2016.

The Secretary of State's Statutory Guidance (which requires councils to ensure they train their staff to the required standard gives the following:

Once a solid foundation of policies, legitimate TROs and clear and lawful signs and lines are in place, the success of civil parking enforcement will depend on the dedication and quality of the staff that deliver it.

It is essential to give staff at all levels the skills and training to do their jobs effectively if the service is to command public confidence and respect.

This should also improve the self-esteem and job satisfaction of staff, resulting in higher retention rates. Training should be a legitimate and important aspect of running costs and training budgets should be protected from cuts.

The office processes involved are important and staff carrying them out need similar levels of skill, training and professionalism as the more visible on-street enforcement officers.

Enforcement authorities should provide enough staff for the volume of work. They should also make sure that those staff (whether employed directly by the authority or by a contractor to deal with informal challenges) have the skills, training, authority and resources to give the public a high quality, professional, efficient, timely and user-friendly service.

Yeah!

Hello

the road was tight, i thought it would help the flow of traffic.

PCN attached:
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