Free Traffic Legal Advice

I was surprised also. Thank you again.

Hello,

Hoping you can advise.

Our gardener was doing some work in our garden.

There are two bays next to each other, one with a Pay and Display / Resident Permit Holders only, and a second Resident's Permit Holders Only.

Resident's Permit Only bay: https://www.dropbox.com/scl/fi/x2et3cckaq1quctljoggi/Residents-Permit-Sign.jpg?rlkey=2mtflcdgg3jfyx7qpmenw65td&dl=0

Pay & Display bay: https://www.dropbox.com/scl/fi/htaoo1wux0io5rp2fww2q/Pay-Display-Bay.jpg?rlkey=r8izwccwo1z5bj86n24vm16rq&dl=0

I paid for 2hrs parking.

The gardener accidentally parked in the Residents Bay and was issued a PCN.

I appealed to the council on his behalf. They rejected the appeal, stating that his ticket was not valid and so a PCN was correctly issued.

Rejection Notice: https://www.dropbox.com/scl/fi/9shcipd300bt8khwmcvbw/Informal-Appeal-Rejection.PDF?rlkey=czepoaob9th118in0mf2ylo3w&dl=0

The charge code that is attached is:

12S - Parked in a residents or shared use parking place without clearly displaying either a permit or voucher or pay and display ticket issued for that place

However, I am not sure if this is correct.

Should the correct code in fact be

19 - Parked in a residents’ or shared use parking place or zone either displaying an invalid permit or voucher or pay and display ticket - or after the expiry of paid for time.

Code contravention:
The contravention occurs when a vehicle waits in a residents’ or shared use parking place or zone displaying an invalid permit voucher or pay and display ticket that would have been valid for that parking place at some time or after the expiry of paid for time.

Would grounds for appeal be allowed?

Regarding timing, the council had sent a Notice to Owner to an old address, which was being updated with DVLA. It is now correct. The council have agreed to 're-set' the ticket and restart the process, allowing either payment of the reduced charge, or to appeal to NTO.

Thank you.

Hello,

I have worked on the following POPLA claim based on the FTLA successful cases and some previously accepted ones from MSE Forums.

https://www.dropbox.com/scl/fi/dq5tgyemouz949cbuxah6/POPLA-Appeal.pdf?rlkey=cvvce4avdgc4bq5tlpi627g5b&dl=0

Any advice warmly received.

Thanks,

Hello - here is the receipt.

https://ibb.co/4RrKCSK0

R/e PoFA, not PoFL - I confused PoFA wit POPLA! Now updated and correct.

I will submit the appeal tomorrow. Thank you all.

Please see my draft letter. It turns out parking was in fact paid for!

To whom it may concern,
I am the Registered Keeper of this vehicle. I was not the driver.
Chronology of Events
On 15th August 2025 the driver entered the Swallow Street Car Park at 09:25:46, as captured by an ANPR camera.
After considering the parking terms and charge, and downloading the necessary app to purchase parking, the driver purchased parking. Parking was paid for at 09:34, for four hours, as can be seen from the attached receipt.
The driver left returned to the car and left the car park at 13:36:19.
A Parking Charge Notice was issued on the grounds of ‘the vehicle was parked without a valid pay by phone transaction’.
Grounds for Appeal
The driver paid for parking. The time between arrival and purchasing a parking ticket using the RingGo app is less than 10 minutes, which accounts for the time taken to download the necessary app and make payment for the parking session.
The Single Code of Practice, to which Euro Car Parks is a signatory, details in Annex B that a grace period of at least 10 minutes should be allowed. The period between entry at 09:25 and purchase at 09:34 is within this permitted time.
The ticket expired at 13:34, and the vehicle exited at 13:36. The time between the end parking and leaving the car park is less than two minutes, again which falls within the grace period.
The driver complied with the terms of parking. The charge is therefore invalid and should not have been issued.
Furthermore, I note that your ‘Notice to Keeper’ is not fully compliant with ALL the requirements of Protection of Freedoms Act 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving, and no inference or assumptions can be drawn.
In light of the above, I respectfully request that this Parking Charge Notice be cancelled.
Please confirm cancellation of the charge, or alternatively provide a POPLA code so that this matter may be referred to independent adjudication.
Yours faithfully,

Hello all - please see link for donation to hospice in the name of the site.

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Hello Incandescnent,

Well that was a quick turnaround! Appeal accepted. Thank you. Please do let me know how I can either donate to the site or to the hospice charity, whichever you reccomend.

https://www.dropbox.com/scl/fi/o2gaobwfp2byp1jjll65j/Cancellation-of-PCN.PDF?rlkey=fgsmpcu211ps2p6coxzi3ezik&dl=0

Thank you for your support and guidance.

Hello - NTO has arrived today - please see here - https://www.dropbox.com/scl/fi/a9rgzm4zdk9i3xwzolkal/Notice-To-Owner.pdf?rlkey=lr39i72tzvcwkc9p2fe60wj8x&dl=0

I was going to reply and re-appeal on the earlier grounds (nb I took the minimum time possible to obtain a paper permit). I also was going to appeal on the following points of procedural impropriety.

-In the response to my informal appeal, the council state that :

I have noted the details within your incoming challenge and the evidence of the permit supplied and I must inform you that the permit you have submitted is not valid in the location your vehicle was parked, therefore had the permit been displayed in the vehicle a PCN would still have been issued.

When a visitor’s permit is issued it is valid within the Zone in which is stated on the permit, however if a permit has a specific street name printed then the permit is only valid in that location.

The permit that you have supplied clearly states visitors permit, Bedford Street South, meaning the permit is only valid when used in a vehicle parked in Bedford Street South.

While on the letter that came with the permit it states

Please note that the vehicle in which this permit is displayed may only be parked within on-street residents parking bays, Permitted Parking Areas, Multi-Use bays, or pay and display bays within the K Zone (see attached details), however this does not guarantee a parking space. If you do not park wholly within the markings of the bays, you may be liable for a parking ticket. Please ensure that you park your car with a thought for others by leaving as small a gap as is practical and note that if you park across driveways you will risk having your permit cancelled.

Finally, in the NTO, in the second paragraph, of the NOTE, there appears to be an error in their template, which states 'A penalty charge of £ &CBALA is now payable!

Any other grounds / advice appreciated.

Best.