Free Traffic Legal Advice

Thanks so much.

It was received within time, unfortunately.

Guessing that means nothing to be done?

Thanks!

Hello,

I have been issued a PCN GX08999847 for being parked in a red route parking bay beyond the permitted hours on 30 July 2023. The PCN is dated 2 August 2023. It states that the contravention "was seen and recorded by camera operator number 102 who was observing real time pictures from an approved device at the time stated and has been recorded on digital storage media". The contravention location is OPP 507-509 High Road N17.

I am a Blue Badge holder, and was permitted to park in the spot for a maximum of three hours until 4:00 pm. I was captured on the CCTV at 4:06 pm. I'd say I was parked there for about 40/50 minutes in total.

I had gone into Asda to return some items which were extremely heavy (I had my nephew with me to help me carry). The transaction should have taken no more than five/10 minutes, but the manager initially refused to accept the returned goods (despite me having confirmed with customer services in advance that I could return them to the store), and so instead there was a long protracted deeply frustrating call with customer services, which took well over 40 minutes or so, at the end of which they finally agreed to process the refund. I hadn't really taken note of the end of the permitted parking time going in, no doubt because I expected to be out well before it ended, so I did not think to check while I was arguing with customer services. It would have been tricky to reload the car in any event, due to how heavy the items were (lots of drink not drunk at a party). I couldn't have done it solo, and my nephew had to leave to get to work and wouldn't have been able to help me further, so we couldn't simply reload up, which is why I had to argue the toss. I hadn't even realised I had overstayed until I received the PCN.

I cannot recall the exact times, but my hunch is that if I get the CCTV footage it will not assist me, as it will show me staying well beyond 4:06. I cannot remember exactly when I returned to the car, but the calls with customer services were interminable.

I have missed the 21 deadline to challenge (long story), but am still (just!) within the 28 days to appeal.

Is there anything I should say other than to cite the decision in Commercial Plant Services Ltd & others v Transport for London (I was reading about it on here / Pepipoo - so thanks in advance for that information). Should I also refer to my Blue Badge / the Asda saga as mitigating circumstances? I have an email from Asda on 31 July 2023, confirming the refund. I will no doubt also have records of the calls to customer services on my phone.

Also, do I need to try and become an interested party and/or notify the court in the Commercial Plant Services appeal of the PCN? I have no real desire to do so unless absolutely necessary to challenge the PCN.

Any help much appreciated. I am nearly out of time to challenge. Otherwise, I will have got a fine of £160 just to get a refund of about £40, which would be pretty galling!

Many thanks