Free Traffic Legal Advice

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.

Original value of the order is £250 I should add - down to £102 with TK Maxx discounts.. if that means anything..

Thanks @stamfordman

Hello everyone,

I received a response from the council today on this case saying the below:

We now have the registered keeper's consent to look at your case.

I note that you advise that you had parked/stopped outside your house to offload a heavy box I had just collected from TK Maxx.

We have carefully considered what you say but you have not provided enough evidence for us to cancel your Penalty Charge Notice (PCN). Please see below for what you must do next.

The email you have sent in does not give details of the consignment.

You have these choices:
• We will reconsider your case if you send us a delivery note, a receipt/invoice for goods or a job sheet that shows a heavy box was in transit as stated. You have 14 days from the date of this letter being served to do this. Please send a photocopy (not the original) and quote your PCN number (see above).
• You can pay £130.00. You have 28 days from the date of this letter being served to do this. (It is now too late to pay at the discount rate.)
If you do nothing
If you do nothing, we will send you a formal Notice of Rejection letter saying that we have not cancelled your PCN.

I have already sent them proof of me being at the location before the time of the PCN, also an order placed with TK Maxx which was delivered to said store, not sure what else one could provide to prove that.

1. Does anyone know what kind of proof councils accept for unloading goods?
2. My question here from the beginning was whether it is legal to issue a parking ticket within the last 10 minutes of the parking restrictions ending? The CEO who usually works on my streets told me that this should be cancelled on that basis but I cannot find any reference to that from a legal standpoint to add to my appeal. If someone could help with this I would appreciate it.

Thanks again!
Afroditi

@H C Andersen Haringey was a bit late to the party and they increased charges a few days later as per this page, but very well spotted

Attached a picture of the letter without personal details.

Thank you!

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Hello,

following up on this, I challenged the PCN explaining the situation and today I received an update stating the below:

"Although this Penalty Charge Notice (PCN) can be formally challenged, any challenge needs to be
made by the person we sent the PCN to, regardless of who the driver was."

So they ask the registered keeper to send it on my behalf, but on their platform (Haringey portal) there doesn't seem to be a way to proceed with this, attached here a picture showing the options.

Anybody knows what's the best way to proceed? (add the text that the registered keeper authorises me under the "contact us" tab or send them a 1st class letter?) - I would rather have all evidence online hence why I want to ask if there is an option other than the letter.

Also, the discounted period should still apply after that, correct?

Thanks a lot in advance.



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