Free Traffic Legal Advice

Hi all,

On 09/08 I received a parking ticket at Harrow Leisure Centre on my windscreen for contravention 82U - Parked after the expiry of paid for time, see image below. I initially registered the 3 hours free parking on the app, later tried to extend parking on the app but had issues completing the transaction, and later was eventually successful in extending and paying for the full day. A PCN was issued between my sessions.

Full timeline:
13:13-14:13 - registered 1 hour free parking (accidentally only registered 1 hour at first)
14:13-16:13 - additional 2 hours free parking (so total 3 hours which is allowed at Harrow Leisure Centre)
16:35      - PCN issued
17:13-23:59 - full day paid parking (paid the maximum charge for the day - £6 on Sundays)

I honestly don't remember if I accidentally extended from 17:13 instead of 16:13 or if I was actually just late to extend.
Do I have a case to appeal given I paid for a full days parking anyway before ever seeing the ticket?
I'm aware I only have a couple of days left to appeal before discount so would appreciate any advice.

PCN -
Receipt 1 -
Receipt 2 -
Receipt 3 -

Thanks

Thanks everyone for the help so far. There's been some developments and I received a Charge Certificate...

I registered my appeal with the tribunal on 20/03/24
I got an email with date of hearing on 22/03 (at 1am) which also says the council has been informed
Today (25/03) I received a charge certificate increasing the penalty charge, dated 22/03 and claiming that they haven't been informed of any appeal even though the email from the tribunal clearly says they have.

I'm planning to email the tribunal to request a telephone hearing as I don't want to attend in person. What do I do about the charge certificate? Seems like the council has jumped the gun and issued this incorrectly?

I can share images of the email/charge certificate if needed but they both seem like standard things people here will have seen before.

Just say

“I rely on my formal representations and will expand after review if the council evidence pack”

then plz come back here when the council evidence pack is available and post redacted copy of that here

Is the council evidence pack different to the evidence (just photos) they already have on their own portal online?

Once the Notice to Owner is served, the discount is long gone, so if you submit formal representations, it is for the full PCN penalty. Having said that, many councils re-offer it to encourage you not to go to adjudication, where the penalty remains the same with no extra costs. Councils find it a PITA to prepare evidence packs. However there is no legal right to the discount at this stage.

Fair enough, makes sense.

How do I proceed with going to the adjudicator? Do I just repeat what I said in the previous appeal, even though the council keep ignoring those points?

So what are the next steps to appeal again? What can I say for my grounds for appeal as it seems saying the same thing will return the same response.. 

If I appeal again and it's unsuccessful would I still have the option of paying the reduced charge?

I've received the NtO and have a week left to reply.

Please could you advise if my draft below is okay. The link given to submit representations (https://hillingdonparking.apcoa.co.uk/) is the same as the informal appeal I made previously and there is no option on there to make representations against the NtO specifically - it's looks as if I'm just making another informal challenge to the PCN, is this correct?
Also, should I select one of the options under PCN wrongly/unfairly issued as the reason for my appeal or select 'none of the above'?

Draft response:

The authority will be aware that the council have placed a sign to diagram 668 (from Traffic Signs Regulations and General Directions 2016) at both ends of the road, one outside number 9 St. Mary's Road and another outside number 59 St. Mary’s Road/Hayes Town Chapel. The conveys the meaning that on this side of the road a vehicle may park with 4 wheels on the footway. This permission remains in effect until terminated by a sign to diagram 668.2. There is no such sign between either end of the road (number 9 St. Mary’s Road/number 59 St. Mary’s Road) and St. Mary's Walk. The CEO's photos show that I was parked in this length of street and therefore permitted to do so by virtue of this sign. For this purpose, it is irrelevant that I was parked within the scope of a waiting restriction whose presence may not form a part of the authority's consideration.
Strangely, in the authority's rejection of my informal representations reference is made to me being parked 'before a sign' which as explained above is totally incorrect. What I would accept is that beyond my car in St. Mary's Walk (situated by the flank wall of number 33 St. Mary's Road) are further footway parking signs. However, these are conflicting because one of these indicates the end of a non-existent 'two-wheel' parking area (at this point the sign outside number 9 St. Mary’s Road still has effect) while the other indicates the beginning of a different permitted footway parking permission, which I may add is with a non-specified sign which is therefore unlawful unless the council have obtained the Secretary of State's authorisation.

In short:
My car was parked within a permitted '4-wheel' footway parking area;
My car was parked in contravention of a waiting restriction which I accept was poor parking on my part but not the contravention in dispute;
The effect of the sign outside number 9 St. Mary’s Road is conflicted by a mix of signs outside 33 St. Mary's Road (albeit situated in St. Mary's Walk), one of which is prima facie unlawful.

In conclusion, the contravention did not occur, and the authority has no basis on which to reject these representations. The PCN must therefore be cancelled. Should the authority not be minded to do so, then they must give cogent reasons based upon evidence and not, as in their earlier rejection, simply make statements which are not supported by objective facts.

Yours,

Attachments:
Diagrams 668; 668.2 (source Traffic Signs Regulations and General Directions 2016);
Google street view screenshots of signs outside numbers 9, 59 and 33 St. Mary’s Road.


Should I add the attachments as links to images uploaded somewhere or directly attach the images?

Would appreciate some help on this if anyone has any thoughts. Thanks

The council will say that the allowance of footway parking ends with the start of the yellow lines or that the sign on St Mary's walk apply neither are correct

The DYL prohibits waiting at any time from the property line to the centre of the carriageway but that is not the contravention you have been charged with,

This sign

https://maps.app.goo.gl/mFSN84QDUhRDMEKt6

outside 9  St Mary's road starts the footway parking, there is not an end of sign so as far as you know footway parking is allowed simple informal challenge

Dear Mr Parking

I challenge the issue of PCN number xxxxxxxx on the basis that the contravention did not occur.

Outside of number 9 St Mary's road is a sign instructing parking on the footpath  i passed this sign and parked there is not a sign on St Mary's road between the sign at number 9 and where i parked outside number 33 so i was parked as per the signage and not in contravention. The PCN should now be cancelled as no contravention occurred

Thanks Pastmybest and cp8759 for the replies. It's been a week and a half since I got the ticket on the windscreen but still haven't received anything in the mail. Should I wait for a letter or go ahead with the informal challenge anyway?