Free Traffic Legal Advice

Thank you, appreciate that people here are giving up their own time to offer advice.

I should have been more clear, it's Ealing Council rather than TFL. I have a copy of the video (link not DVD) and it just shows my car making the prohibited turn. It also shows a cyclist making the same turn in front which I am going to blame for me making that turn, even if it is allowed.

I received a PCN the other day for performing a prohibited turn (no right turn) off New Broadway into Longfield Avenue in the London Borough of Ealing. https://maps.app.goo.gl/h7GATbxn1hf39wX77.

There is a no right turn sign (which I now notice) but there's a bunch of other random signs and street furniture in that area I didn't take it in. I travel down that road often and there's a dozen other left and right turns turns travelling west bound within 1 mile which are allowed so it didn't cross my mind that a right turn up Longfield Avenue would not be allowed.

I'm aware that I probably won't win but London Boroughs pull this crap all the time and charge huge amounts for relatively minor infringements. So if they're going to extort money out of me I'd rather make them work for it.

Does anyone have any advice for my appeal? Link to PCN https://imgur.com/a/mYJii5N

Thanks!

Spot on, updated to the following and submitted, fingers crossed!

The PCN does not comply with The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022; Regulation 5 which states that:

“Imposition of penalty charges for relevant road traffic contraventions
5.—(1) A penalty charge may be imposed with respect to a vehicle where that vehicle is involved in a relevant road traffic contravention which is committed on or after the commencement date.

(2) But no penalty charge may be imposed under paragraph (1) in relation to a parking contravention where—

(a)the vehicle is stationary in a designated parking place and is left beyond the permitted parking period, and
(b)the period for which it is left beyond the permitted parking period does not exceed 10 minutes.”

For the PCN to be permissible, it should not have been issued before 18:17, i.e. 10 minutes after the 2 hours allotted time has elapsed.

I also note that the PCN does not comply with The PCN does not comply with The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022; Regulation 9 which states that:

“Particulars to be included in a penalty charge notice given under regulation 9
2.  The information to be included in a penalty charge notice served under regulation 9 is—

(a)the date on which the notice is served,
(b)the regulatory matters,
(c)the grounds on which the civil enforcement officer issuing the notice believes that a penalty charge is payable,
(d)that the penalty charge must be paid within the period of 28 days beginning with the date on which the alleged contravention occurred,

At no point does the PCN mention that the penalty charge must be paid within the period of 28 days beginning with the date on which the alleged contravention occurred, only the date which it was served, which is not the same definition.

Here are the links to the relevant legislation:
https://www.legislation.gov.uk/uksi/2022/71/regulation/5
https://www.legislation.gov.uk/uksi/2022/71/schedule/2

Sorry can you explain what you mean by that? The PCN says it's payable from the date it was served

PCN: OX7259998A
Reg: LT59YSB

For the pictures

Hi everyone,

I got a council PCN yesterday for overstaying a public 2 hour free parking bay in which the car was observed from 16:07 to 18:14 (2 hrs 7 mins).

I was under the impression that CEOs had to allow a 10 minute grace period before issuing a ticket meaning that it would only be admissible if it were issued after 18:17. Is this the case? If so can anyone point me in the direction of any relevant laws I can point to in my appeal?

The CEO also got the colour of the car wrong but I'm assuming this is not important.

If it helps, I've attached the front and back of the PCN with identifiable information redacted.

Link to Pepipoo post - http://forums.pepipoo.com/index.php?showtopic=152041

Thanks!

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