Show Posts
1
Civil penalty charge notices (Councils, TFL and so on) / St Albans City & District Council, Parking in residents bay without a permit, Vernon Close
« on: August 02, 2025, 10:04:02 pm »
Hi,
Have received a PCN for parking in a residents bay without a permit. Was dropping off a young baby (pre-walker) so was assisting him in alighting and getting into the house.
I would like to appeal this but not sure if St Albans will just reject it. I have read through the forums and thought to use the reason that I was assisting a vulnerable person to alight the vehicle and also the following taking from another draft written up for a St Albans PCN:
In the first instance, I draw your attention to paragraph 8(5) of Schedule 8 to the Traffic Management Act 2004, which provides that:
References in this Part of this Act to the enforcement authority in relation to parking contraventions in a civil enforcement area outside Greater London, are—
(a) in relation to contraventions relating to a parking place—
(i) provided or authorised under section 32(1)(a) or (b) of the Road Traffic Regulation Act 1984 (c. 27), or
(ii) designated by order under section 45 of that Act,
to the authority by whom the parking place was provided, authorised or designated;
The highways authority for roads in St Albans is Hertfordshire County Council, therefore only Hertfordshire County Council is entitled as the enforcement authority to issue penalty charge notices in respect of parking places it has provided.
St Albans District Council has no power to serve a PCN in its own right for an alleged contravention in an on-street parking place, so service of the PCN is a procedural impropriety.
In the alternative, if St Albans District Council is acting as an agent for Hertfordshire County Council, then there is a procedural impropriety because nowhere does the PCN state that the name of the Enforcement Authority is Hertfordshire County Council, this being a regulatory requirement imposed by paragraph 1(a) of Schedule 2 to The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022.
In light of the above procedural impropriety, the council's position is hopeless and it would be wholly unreasonable for the authority to reject the ground above, which is plainly unanswerable.
Further to this, the penalty charge exceeds the amount due in the circumstances of the case because, by virtue of regulation 5(2) of The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022, no penalty was payable at 6:12pm.
I have actually sent this wording before for a different vehicle and contravention and they rejected the informal appeal and I ended up just paying the fine.
I haven't contacted them yet and need to appeal by the 8th August which is the 28th day from the date of the PCN.
PCN:
https://imgur.com/a/tA7TZMe
location:
https://maps.app.goo.gl/tM9ejEfFqG7Xn8gLA
Thanks in advance!
Have received a PCN for parking in a residents bay without a permit. Was dropping off a young baby (pre-walker) so was assisting him in alighting and getting into the house.
I would like to appeal this but not sure if St Albans will just reject it. I have read through the forums and thought to use the reason that I was assisting a vulnerable person to alight the vehicle and also the following taking from another draft written up for a St Albans PCN:
In the first instance, I draw your attention to paragraph 8(5) of Schedule 8 to the Traffic Management Act 2004, which provides that:
References in this Part of this Act to the enforcement authority in relation to parking contraventions in a civil enforcement area outside Greater London, are—
(a) in relation to contraventions relating to a parking place—
(i) provided or authorised under section 32(1)(a) or (b) of the Road Traffic Regulation Act 1984 (c. 27), or
(ii) designated by order under section 45 of that Act,
to the authority by whom the parking place was provided, authorised or designated;
The highways authority for roads in St Albans is Hertfordshire County Council, therefore only Hertfordshire County Council is entitled as the enforcement authority to issue penalty charge notices in respect of parking places it has provided.
St Albans District Council has no power to serve a PCN in its own right for an alleged contravention in an on-street parking place, so service of the PCN is a procedural impropriety.
In the alternative, if St Albans District Council is acting as an agent for Hertfordshire County Council, then there is a procedural impropriety because nowhere does the PCN state that the name of the Enforcement Authority is Hertfordshire County Council, this being a regulatory requirement imposed by paragraph 1(a) of Schedule 2 to The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022.
In light of the above procedural impropriety, the council's position is hopeless and it would be wholly unreasonable for the authority to reject the ground above, which is plainly unanswerable.
Further to this, the penalty charge exceeds the amount due in the circumstances of the case because, by virtue of regulation 5(2) of The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022, no penalty was payable at 6:12pm.
I have actually sent this wording before for a different vehicle and contravention and they rejected the informal appeal and I ended up just paying the fine.
I haven't contacted them yet and need to appeal by the 8th August which is the 28th day from the date of the PCN.
PCN:
https://imgur.com/a/tA7TZMe
location:
https://maps.app.goo.gl/tM9ejEfFqG7Xn8gLA
Thanks in advance!