Free Traffic Legal Advice

Here is the Case summary letter that was in the plethora of paperwork.

Some of the paragraphs seem contradictory to me, such as "There is no requirements for any signs and the vehicle need not be causing an obstruction", yet in the following paragraph "Drivers are expected to comply with all signs and markings relating to traffic restrictions and directions".

No. Your PCN was issued under different legislation with different regulatory requirements.

Anyway, register the appeal, I suggest grounds of contravention did not occur and procedural impropriety.

At this stage, there's no need to go into detail, simply register. Appeals are being scheduled for 2026, so no rush to finalise your appeal, the meat can be added later.

And as regards...

Thank you for the suggestion, however, there was only one alleged contravention taking place from your list, which was the first one as he has permission to park from the owner of the property for which the dropped footway has been provided..

Then, in the context of...

My father received a Notice to Owner out of the blue yesterday from Havering Council for Contravention code 62 (Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway). He doesn't even remember parking on the road in question[/i]

..it must follow that he has a 24/7 continuous authority from the occupier to park there and knows when he does. 

But this is not germane to your appeal thankfully.

OK, I have lodged an appeal through the London tribunals website on the grounds of contravention did not occur and procedural impropriety and they are due to get in touch with a hearing date within the next 7 days.

With regards to my original comment of "He doesn't even remember parking on the road in question", I failed to elaborate in as much detail as perhaps I should have, it should have read "He doesn't even remember parking on the road in question at this particular time" as he does indeed have 24/7 continuous authority from the occupier to park there. At the time the PCN was issued, his electronic parking brake had failed and therefore the car could not not be parked on the drive due to it being a steep slope and parking there and leaving the car in "park" would have put undue stress on the gearbox.

While you're doing this and while the authority considers your reps, I suggest your father may use the time wisely for some introspection.

My father received a Notice to Owner out of the blue yesterday from Havering Council for Contravention code 62 (Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway). He doesn't even remember parking on the road in question

The photo shows two and possibly three separate contraventions:
Parking on the footway;
Parking adjacent to a dropped footway;
Parking in a restricted street(the yellow line).

Thank you for the suggestion, however, there was only one alleged contravention taking place from your list, which was the first one as he has permission to park from the owner of the property for which the dropped footway has been provided. The yellow line is only in effect from 10.30am-11.30am so was not in force at the time of the alleged contravention so not too much introspection was required luckily! Common sense should prevail regarding not parking as to block the flow of traffic in the street, but ultimately revenue streams take priority over this.

Apologies for the slow reply, I have been on holiday and this got overlooked upon my return.

I have looked on the Havering website and everything I can see on there indicates that footway parking is a no no, so I dont think the fact that other cars in the picture in the background will hold much weight at appeal.

If we base our formal reps on  the fact that we didn't receive the PCN on the car and ask for a discount, if they refuse then do we have to take it to the adjudicator or can we wait for the charge certificate to come and then have to file a witness statement to say that the original PCN wasn't received and then it gets reset back to the original amount?

The NTO says "The penalty charge must be paid not later than the last day of the period of 28 days beginning with the date of this Notice to Owner"

This is a TMA2004 NTO, so in that case the NTO should say ".....  period of 28 days beginning with the date this Notice to Owner was served", or very similar? Shouldn't it?

Mandatory information on the NTO is incorrect and misleading. The NTO is therefore defective.

Noted. Thanks for pointing out this anomaly. I will investigate further.

I have drafted a formal representation regarding the Notice to Owner based upon there being no evidence of the alleged contravention.
If anyone could advise before I submit, that would be greatly appreciated.

I wish to make representations regarding the Notice to Owner that has been received in relation to PCN HG50125241 on the grounds that the contravention did not occur.
You state that on the 9th July 2025 at 15:15, a penalty charge notice was served by Civil Enforcement Officer HG1440 on vehicle BP13 UCA for allegedly being “Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway”, however, I have no recollection of a PCN being attached to my vehicle, and it was not handed to myself/the person in charge of the vehicle. The receipt of the Notice to Owner relating to this PCN is the first knowledge I have of the matter. Furthermore, the Notice to Owner and your parking website provides no photographic (or any other) evidence of my vehicle committing the alleged contravention. The Notice to Owner simply has a blank box with an icon signifying a broken weblink or image otherwise unavailable and although your parking appeals website has a photographs section, but it is also blank.

Your website: https://www.havering.gov.uk/parking-2/parking-tickets-traffic-fines/2, (Appeal against a parking ticket or traffic fine) has guidance referring to different grounds for challenging a PCN and the section relevant to myself “The PCN wasn't attached to the vehicle” states:

“Please make representation online and you will be able to view photos of the vehicle in contravention and see if the PCN was served to the vehicle.”
Please note that I cannot view any photographs or evidence as this section is blank

“The Traffic Management Act 2004 provides that a Penalty Charge Notice should be handed to the person in charge of the vehicle or fixed to it.”
I suggest that this PCN has not been correctly served in accordance with the Traffic Management Act 2004 as it was not given to the person in charge of the vehicle, nor is there any evidence of it being fixed to it. Based on the above, I request that the PCN be cancelled.

Apologies, when I was a member of Pepipoo and requested assistance, I was always advised to retract any personally identifiable information. Is this not longer the case?