Free Traffic Legal Advice

https://imgpile.com/p/5F3AmKi
 

Thanks i will use that ground and see what happens

yep need to pay full £70 . i wanted to see if they will abide by there own guidelines if they reject i will go to tribunal . not gunna cost me anymore

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.





this okay to use for appeal

As above.

Can you show us the back of the notice?

if you scroll down its on the bottom of the page

https://imgpile.com/p/4gznk4G

Hi

am i correct that they cannot holder the keeper resposible for this invioce as was issed after the 14 days needed under the
  Schedule 4 of The Protection Of Freedoms Act 2012?

The next stage is an NTO, not tribunal.

Why did you contact them again and what did you say? 

Is your logbook up to date?

The most you can pay is £70 if you lose at the tribunal.

i sent the following


Dear Miss Nurun Begum,

I am writing in response to your recent email regarding Penalty Charge Notice BM4454
I am dissatisfied with the response, as it appears to be a generic, template-based rejection and does not engage with the specific points I raised in my original representations. In particular:

I had not parked; I had momentarily stopped to check the signage safely on a busy road.

The timing of the alleged contravention was 09:14:45, just 15 seconds before the restriction ended at 09:15.

The Civil Enforcement Officer provided seven photographs, three of which were taken after 09:15, when parking was legally permitted. This raises questions as to whether the officer was aware of the correct restriction timings.

The CEO’s photograph of the sign is unclear and difficult to read, requiring digital zoom. In contrast, the photograph I submitted clearly shows that parking is permitted after 09:15, demonstrating that the council’s evidence is not reliable.

I also submitted two photographs taken while standing outside my vehicle to show that the signs cannot be easily read from a distance, particularly if a vehicle is not parked directly in front of them. This demonstrates that it is reasonable to allow a brief period for the driver to examine the signs, and that issuing a PCN seconds before the restriction ends, while the driver is checking, is premature and unfair.

The two restriction signs are not legible from the driver’s seat, requiring a momentary stop to confirm the restriction, which I carried out safely.

The council failed to properly exercise discretion, contrary to Birmingham City Council’s Civil Parking Enforcement Guidelines (including MC25).

The informal response does not address these substantive points and instead relies on generic statements about signage approval, zero-time contraventions, and the general responsibility of motorists.

I respectfully request that my representations be properly considered, taking into account the evidence and circumstances I have provided. If the council maintains that there are no grounds to cancel the PCN, I will have no alternative but to escalate this matter to the Traffic Penalty Tribunal for independent adjudication.




yeh logbook is ok

So did you check the time on car clock or watch/phone when you parked before also checking sign?

Or did you go to sign and check time then? And with what?

on my phone was 9.15 . so didnt expect a problem and carried on . when got back and saw ticket was confused , when i checked the council evidence later that day , saw the officer had taken the 1st pic 15 seconds prior to restriction ending , half the pictures were taken after 9.15 when i was legal . its the extreme short time that annoyed me, and i found unfair .

which grounds does will i need to appeal to traffic tribunal  ?

is it  ground 6 there has been a procedural impropriety?
(Failure to follow policy: The enforcement authority did not adhere to its own published policies or the Secretary of State's statutory guidance)