Free Traffic Legal Advice

Hi again,

Here is the text i prepared to challenge the parking fine.

Any feedback would be highly appreciated, and hopefully this can help other members who may have to appeal similar cases:


I am writing to formally challenge the above Parking Charge Notice.

I submit that I am not liable for the parking charge on the grounds of:  Inadequate and Non-Compliant Signage – No Contract Formed.

The vehicle was parked on the side of a road where no signage was present displaying parking terms and conditions.  From the position where the vehicle was parked, a driver would not have been able to see or read any signage capable of forming a contractual agreement.



Section 19 of the British Parking Association (BPA) Code of Practice requires that signs must be “clear and conspicuous” and placed so that drivers are able to see them before deciding to park. The absence of signage in the immediate vicinity of the parking location represents a clear breach of this requirement.



The Supreme Court decision in ParkingEye Ltd v Beavis [2015] UKSC 67 confirmed that parking charges can only be enforceable where the terms are prominently displayed and clearly communicated. In this case, the lack of visible signage at the specific location where the vehicle was parked,  means that no contract could have been formed between the driver and UK Parking Control Ltd.



As such, the parking charge is unenforceable.

In addition, pursuant to Schedule 4 of the Protection of Freedoms Act 2012, keeper liability can only arise where the parking operator has complied fully with the statutory conditions and where adequate notice of the parking terms has been given. Given the lack of visible signage where the vehicle was parked, the requirement for “adequate notice” has not been satisfied.

Should you reject this appeal, please provide:

A detailed site map showing the exact location of all signage at the site.

Photographic evidence demonstrating that signage was visible from the location where the vehicle was parked.

Evidence of your contractual authority from the landowner to issue parking charges at this location.

If this appeal is rejected, please treat this letter as a request for a POPLA verification code so that the matter can be referred to independent adjudication.

In light of the above, I request that this Parking Charge Notice be cancelled.

Thank you all for your responses.

I will appeal this tomorrow on the grounds of insufficient signs - not sure if I should add anything about non compliance.

If anybody has any advice or template wording with any helpful legal references, I would be most grateful to be pointed to them so I can make it stronger and minimise the chances of rejection.

Thank you for the response and apologies for the permissions, you should be able to see the pictures now.

I did read around a bit before creating this, I read mixed comments, some people saying don't pay them it doesn't matter, some others approaching this as an enforceable fine.

They can be beaten by going to POPLA or they are easier to accept the appeals because they make usual mistakes like in this case with signage?

Hi again,

I'm just aware that this is time sensitive and the discount will run out soon.

I would be grateful for any suggestions/ideas/feedback.

Also, if I do decide to go to the adjudicator, in case he allows the PCN, will the price be £160 at that stage or £80?

Many thanks again.

Hello and thank you in advance for all the help you are proving via this forum.

I used a friend's car to collect a table from Argos which I was dropping at home and returning the vehicle straight away.

Even though I do have visitor permits, already bought and prepaid (screenshot attached), I did not activate one because I was loading a heavy box and leaving straight away.

The whole process must took somewhere around 7-8 minutes, during which,  somehow I ended up with a ticket even though I checked and there was no enforcement officer to be seen on the road.

I challenged the ticket sending proof of collection and purchase showing the item and the time it was collected  (attached) and Haringey replied telling me that they still don't accept the appeal.

The council claims that the CEO observed the car for over 5 minutes - this is quite impossible because when I came out he had already attached the ticket on the car and i literally took no more than 8 minutes.

It's also not proven by the evidence as the CEO has taken a random picture at 14:13 which got nothing to do with the car?

I don't think it's fair and there is enough evidence to make them see that this was a case of offloading and not a car parked there and forgotten.

I have shared with them
The screenshot confirming the date and time of collection of the tableThe email confirming my order showing my details and the fact that it was a collection orderScreenshot from my already pre-paid visitor parking permits showing that clearly when i need them i use them and it's not a matter of negligence.

I wanted to ask for advice on whether you think this is a strong case to go to the next stage of the appeal, and also if the next stage fails, does that still increase its price to the full £160?

Thank you very much.

----------------------------------------------------
Google Drive link with all images:
https://drive.google.com/drive/folders/1yJYh9J6oq5pUVfPQuE82ljCoHMVr3Egv?usp=sharing

Details:
Ticket Reference: ZN19806164
VRM: EK64 KGA

Contravention Code 16 - Parked in a permit space or zone without a valid virtual permit or clearly displaying a valid physical permit where required

Anybody who can share any guidance here?

More specifically, I'm looking into any clause that describes the responsibility of Councils to announce changes in parking rules.

As explained above, if the residents were informed, I would be informed too. Let alone any other public announcement with an actual date on which motorbike parking restrictions were enforced in Hackney.

It is not fair to change the rules suddenly and start collecting money from fines while the council did not properly notify the public.

Any suggestions on references to council's obligations would be much appreciated as I need to challenge this in the next 2 days.

Thank you in advance.

Afroditi

Why would you be notified in you are not a resident?

A number of different ways:
1) I would be informed via my partner who is a resident and also a couple of neighbours who own bikes too which are parked next to mine. 2) A paper on the street saying restrictions are enforced from the given date - I am visiting the address literally every other day. 3) I was a Hackney resident at the time and I had signed up with my email address but I wouldn't bet on that.

I mean... surely they HAVE to notify the public from when the restrictions are enforced since they are new??? Or we keep it silent so on the first day of enforcement we make thousands?


The traffic sign you posted - albeit one 6 years' old - restricts the parking to resident permit holders.

The sign says the same for many years during which we have been parking for free. So when there is a change of the rules but no change of the sign at least a notice on the streets or a letter/email to residents should be sent?


No it wouldn't.

Yes it would - the bike next to mine in the picture didn't get a PCN. Mine was also covered from the next day as I'm still away, and hasn't received another ticket.

Back to the original question, any ways this can be challenged? It's not a vehicle parked illegally out of negligence , the fact that there is no date announced on the change isn't it strange enough?

Any ideas on what the responsibilities of the council are when enforcing new restrictions?

Thank you.

Hello,

I got a motorcycle which I'm not riding anymore and planning to sell very soon.

I have parked it outside my partners' home because it's a much safer road than where I live.

The motorbike has been parked there since April with no issues.

Three months later.. (June 26th) I got news that a PCN was affixed on it related to Contravention 12 (I am out of the country at the moment).

Parking for motorcycles used to be free in Hackney.

I know there was a consultation to introduce charges but I never got notified about the change and there has been no street signs or anything to inform motorists that this has been in place.
A neighbour who is also a resident AND owns a moped confirmed the same - no information received whatsoever.

Is there any way to challenge this?

I don't even know on which day the restriction got introduced and I can't find it by looking at the council website either. But I know I have parked the motorcycle there way too many times and never got a ticket so it seems unfair that without notice one day they decide to start issuing PCN's.

Had I known this I would have moved the bike or just cover it which also would save me from getting a ticket at least until I return and move it.

Thank you in advance.

- - -

Google Drive Link with screenshots here: https://drive.google.com/drive/folders/1x7X3H2S8rPn3Tj1qJ6Uq4VnYJkgVLMZc?usp=drive_link

Details:
Ticket Reference: QZ20990879
VRM: LJ58VTF

Contravention 12 - Parked in a residents' or shared use parking place or zone without a valid virtual permit or clearly displaying a valid physical permit or voucher or pay and display ticket issued for that place where required, or without payment of the parking charge.