Free Traffic Legal Advice

The next stage is the NTO which is sent to the registered keeper as per the logbook address.

If you check the PCN online do you get a status timeline?

I haven't received the NTO yet and the PCN online just has "view evidence", "pay" or "contact us" options. When should I expect to receive it? Thanks

Thanks. I'm inclined to take it all the way. But I may not be able to attend a hearing as I don't live in Birmingham and may work overseas next year.. I suppose that would be a problem?

Hi, I’ve received a rejection from the council below. They didn’t mention their website at all
What should I do now?
“

Thank you for your enquiry concerning the Penalty Charge Notice detailed above.
I have given careful consideration to the circumstances you have described but
regret that there are not sufficient grounds for the notice to be withdrawn.
The Penalty Charge Notice was issued to your vehicle because it was observed parked on a single yellow line when restrictions were in force. These restrictions are indicated at the entrance to the Controlled Parking Zone, which operates Monday to Sunday between the hours of 8:00am to 6:00pm.
I have noted all your comments concerning a lack of sufficient signage in this area.
However, I can confirm that there are signs situated at all entry points into the Controlled parking Zone. It is unclear from your letter which route you would have taken into Lionel Street and therefore I would be unable to detail exactly which sign you would have passed. Nevertheless when entering the City Centre from any direction the motorist will pass a Controlled Parking Zone time plate. Therefore, In view of this there is no requirement for plates to be erected on each location within the zone as the times on the entry zones apply.
I would advise you that Controlled Parking Zone signs are used throughout the country and are common to most city centres. These signs are shown in the Highway Code (of which all motorists should be familiar) along with clear information advising that the zone entry signs indicate the times when the waiting restrictions within the zone are in force.
Motorists may also find out more information concerning Controlled Parking Zones on the Department for Transportation web site at www.dft.gov.uk/pgr/roads.
I have noted your comments that you read the information on the Pay and Display
machine. However, as previously explained, the Notice was issued to your vehicle because it was observed parked on a single yellow line. The information indicated on the Pay and Display machine applies to Pay and Display bays only.
I have noted your comments concerning you not understanding the sign at the location. However, whilst I appreciate the circumstances you have described, I would advise you as part of learning to drive and passing your vehicle test, drivers are required to learn the Highway Code. The Highway Code includes information on road
signs, road markings, vehicle markings and road safety. These markings and signs
are approved by the Department of Transport and used throughout the Country.
I have noted all your comments and whilst I appreciate the circumstances that resulted you parking at this location. I must advise you that it is the responsibility of the motorist to ensure that all parking restrictions are observed and signage is checked prior to parking the vehicle, ensuring that the vehicle is parked in a place not
causing a contravention. In this instance it would have been advisable to have arranged parking where a contravention would not have occurred.
I regret, therefore, that I am unable to withdraw the notice and must request payment
be forwarded in settlement of the matter.
In accordance with Birmingham City Council’s Discretion Policy, each case is judged
on its own merits, taking into account any compelling circumstances. The decision to
enforce this case has therefore been made in accordance with this policy which can
be viewed on www.birmingham.gov.uk/pcn.
You may still take advantage of the reduced charge of £35.00 if payment for the
Penalty Charge Notice is received by the 03/09/2026, BUT the discounted rate is not
available after this date and the full charge of £70.00 will be due if payment is not
received in time.
If you would like to make payment by credit or debit card, please telephone 0121 667
4964, (call charges from mobiles will vary), this service is available 24 hours a day, 7
days a week, or pay on-line www.birmingham.gov.uk/PCN. Please have the Penalty Charge Notice number and your credit card details available.
Alternatively, cheques or Postal Orders should be made payable to ‘Birmingham City
Council (Highways)’ and forwarded to Birmingham City Council, PO Box 77
Birmingham B4 7WA, quoting the Penalty Charge Notice number.
Cash payments can be made at any PayPoint outlet if this letter has a barcode printed
on it. Please take care that the barcode does not become damaged as it may become
unreadable. There is no charge for this service.
If you choose not to send payment in response to this letter, but wish to challenge the
matter further and you are the registered keeper of the vehicle, please wait until the
formal Notice to Owner is sent to you. This letter offers the opportunity to make a formal
representation against the Penalty Charge Notice. Legislation requires the Council to
send a formal Notice to Owner to the registered keeper of the vehicle if payment is not
made in relation to the Penalty Charge Notice. If you are not the keeper, formal
representations may still be made on your behalf by contacting the registered keeper
of the vehicle.

Please Note: It is not possible to enter into any further correspondence until a
formal representation is received in response to the Notice to Owner. Any
additional correspondence received from you prior to the Notice to Owner being
issued will therefore not receive a reply but will be considered should any formal
representation be received in response to the Notice to Owner.
The Traffic Management Act 2004 sets out the following statutory grounds on which
representations may be made:
1. 2. 3. 4. 5. 6. 7. 8. 9. The alleged contravention did not occur.
I was never the owner of the vehicle in question/ or
I had ceased to be its owner before the date on which the alleged contravention
occurred/ or
I became its owner after the date on which the alleged contravention occurred.
The vehicle had been permitted to remain at rest in the place in question by a
person who was in control of the vehicle without the consent of the owner.
We are a vehicle-hire firm and the vehicle was on hire under a hiring agreement
and the hirer had signed a statement acknowledging liability for any PCN issued
during the hiring period.
The penalty charge exceeded the amount applicable in the circumstances of the
case.
There has been a procedural impropriety by the enforcement authority
The Order which is alleged to have been contravened in relation to the vehicle
concerned is invalid.
This Notice should not have been served because the penalty charge had
already been paid:
(i) in full; or
(ii) at the discounted rate within the time specified in paragraph (3) of Schedule
3 to the Civil Enforcement of Road Traffic Contraventions (Approved
Devices, Charging Guidelines and General Provisions) (England)
Regulations 2022.
If there are any other reasons why you consider the Council should cancel the
penalty charge notice and refund any sum already paid.
If you make a representation and it is accepted, the Penalty Charge Notice will be
withdrawn. If not, the full amount of £70.00 will become due, unless you wish to make
an appeal. Full details will be given to you of the appeals procedure, which allows a
case to be heard by an independent adjudicator at the Traffic Penalty Tribunal. The
Traffic Penalty Tribunal is an independent tribunal service where impartial lawyers
consider appeals by motorists.
If this response has been sent via email please note it is from an account that is not
monitored.
Yours sincerely

”

How should I write the representation? Thanks

Please see main images from the CEO below:

Thank you!

Hm, it is confusing/deceptive! The driver entered the zone the night before (when it was dark and the restrictions were not active) but can't remember the exact road. Car was parked in a bay on Branston Street.

On Sunday the driver looked for signs on Lionel Street but there seems none (only those "pay at machine" signs). The prominent "No Charge on Sunday" text on the parking metre creates a visual trap, so the driver deduced that there is no Sunday parking constraint!

Would like to try a representation. How should we write it? Thanks

Hi @b789, could you please advise how I should respond? Thanks very much.

Hi,

Finally received a response yesterday from noreply@moorsidelegal.co.uk below, and the original PCN with some photos and the appeal were also attached in the email. What can we do next?

"
 We write in relation to the above matter.
 
 Moorside Legal acts on behalf of Alliance Parking as an external debt recovery agent for legal action. Communication between Moorside Legal and Alliance Parking typically relates to case progression, operational instructions, and status updates. These exchanges concern the management of the Parking Charge Notice (PCN) from a business‑to‑business standpoint.
 
 Because this communication does not contain your personal data nor does it identify you directly or indirectly, it does not fall within the scope of personal data as defined under the UK GDPR.
 
 Under the UK GDPR, organisations are required to disclose personal data, not operational records or internal communications. Any correspondence between Moorside Legal and Alliance Parking that relates purely to process, case management, or administrative instructions is considered business information, not personal data.
 
 As required under Article 15 of the UK GDPR and in line with ICO guidance, the purposes for which we process your personal data are to manage and enforce parking terms and conditions. The categories of personal data we hold include vehicle registration details, keeper details obtained from the DVLA, and correspondence history.
 
 Please be advised that the help@moorsidelegal.co.uk mailbox is not monitored. Accordingly, we advise that you register on our Customer Portal using the link below:
 🔗 https://portal.moorsidelegal.co.uk
 Should you choose not to utilise the Portal, please direct all future correspondence to dpo@apn.co.uk.
 
 Our Privacy Policy outlines where we collect personal data from and the lawful basis on which we may process it. You can read more about how and why we hold and process your personal data via the following link:  https://moorsidelegal.co.uk/privacy-policy/
 
 If you need any assistance, feel free to contact us on 0330 822 9950.
 
 Please see the attached PCN, which was correctly issued in accordance with Schedule 4 of the Protection of Freedoms Act 2012. This legislation allows us to hold the registered keeper liable for the full outstanding balance if driver details are not provided.
 
 To view the supporting photographic evidence, kindly visit the link below and quote reference ******:
 🔗  https://www.pay-my-pcn.co.uk/live-3sc-user/
 
 By entering and parking the vehicle on our client's private land, you agreed to enter into a contract with our client and to be bound by the terms and conditions of that contract. The terms and conditions were clearly displayed in prominent places within the car park. Due to your failure to comply with the terms and conditions, our client has issued the PCN therefore if we are instructed to issue a claim the reason would be for Unpaid parking charges/breach of contract.
 
 You have already made representation to our client, who have responded accordingly. We cannot overturn their decision.
 
 In our client’s letter notifying you of the rejection of your appeal, you were advised of the option to escalate the matter to an Independent Adjudication Service administered by our client’s Accredited Trade Association. As your appeal was also rejected at that stage, we must inform you that all avenues of appeal have now been exhausted.
 
 Considering the evidence, we are satisfied that the PCN has been issued in line with industry standards and is compliant with the International Parking Community’s (IPC) code of practice. The signage of the car park also complies with the International Parking Community’s Code of Practice.
 
 Please be advised that the original amount of the PCN was £100.00. As outlined in the notice, a reduced amount of £60.00 would have been accepted as full and final settlement if payment had been received within 14 days from the date of issue. Unfortunately, as no payment was received within that time frame, the opportunity to pay the reduced amount has now expired. As a result of continued non-payment and additional charges, the balance has increased and now stands at £170.00.
 
 The additional charge which has been levied on your Parking Charge of £70 is the amount set out in both the British Parking Association and International Parking Community Codes of Practice as the amount which may be added to a Parking Charge when a Parking Charge remains unpaid and when further recovery is required. Our client is a member of the International Parking Community which is a government approved Accredited Trade Association (ATA) for Private Parking. Our client adheres to the ATA’s Code of Practice. The £70 does not represent the cost of recovery but is a reasonable amount in relation to the Parking Charge amount, in order to encourage early payment of the Parking Charge without the need for debt recovery. It is a fair amount set by our client’s government-approved Accredited Trade Association Code of Practice. There are however also costs incurred by our client in relation to debt recovery services.
 
 It is unclear why you would need to inspect any agreement between our client and the landowner as you are not party to that agreement, nor could it aid your dispute or any potential defence.
 
 
 Please note that we will not be addressing any further correspondence related to disputes of the same nature, as we have already provided you with a response. However, should you wish to raise a new dispute, we will investigate the matter further and respond accordingly.
 
 We ask that you make the full payment of £170.00 within 7 days of receipt of this email.
 
 
 You can make payment in the following ways: 
 • Contact us on 0330 822 9950 (our opening times are Monday- Friday 9:00- 17:00);
 • portal.moorsidelegal.co.uk - Login to our portal
 • https://pay.moorside.legal - Quick Pay
 
 
 If you fail to respond or make payment, we may be instructed by our client to issue legal proceedings against you. This will incur further costs and fees that will be added to the outstanding balance. You may wish to seek independent legal advice. 
 "
 ======

They claimed "The terms and conditions were clearly displayed in prominent places within the car park" - but again as I appealed before it is not true:

There is no entrance sign. And the only sign that appears to relate to the car park is tiny and practically hidden, not placed in close proximity (but about 25 feet away from the parking spaces), i.e., the tiny one on the building behind the trees and green space, not obvious at all. The font size is too small to be able to signify it relates to the car park. So motorists cannot be expected to read a sign that they did not see because of its distance from the car park and because it is obscured by a tree which had a lot more leaves on it when the PCN was issued compared to the picture they showed as evidence (there is only one taken by them in winter 2019 when tree leaves already fell off).

I went on the ICO website Live chat for complaints and expressed concerns that the DPO email link at Moorside legal is not being monitored.  Not sure what action will be taken.
Also sent a recorded delivery letter to Moorsides registered address in Oldham..don't expect anything in return but its something that can be presented in court.

Hi @Maximum Bob, did you get any response at all?