Free Traffic Legal Advice

I've had a look online and it doesnt look like you've paid the PCN. Just confirm that's still the case.

Going by the date on the letter means service is assumed as 22nd August. This means the discount runs out tommorow (5th September)

It could be taken to tribunal and it's not a slam dunk. It really depends on what the traffic management order says. That being said, taking it to tribunal means risking the full amount of £180

I'm by no means an expert but I can see a few potential angles for tribunal.
- this particular school is an independent rather than council run school, therefore it is even harder for a motorist to know term times.
- The scheme is aimed at improving air qualify and safety of children - how is a blanket ban aiding this?
- De minimus on the basis you made a geniune mistake and rectified it as soon as you realised.
- Depending on what the traffic management order says - I have made an FOI for all school streets TMO's in the borough - the signage does not display the fact the restriction only applies during term time. 2230471029 Kunter v Camden

Let us know if you're willing to risk the higher rate and hopefully someone more well versed can assist

Atherton Road is a quite long road with many side roads coming off.

If you could post a google street view link to about where you parked, other members could have a look at signage.

Currently, your photos don’t give much information.

Edit: using mobile and missed the street view linked - apologies

The previous version was a bit pompus. I've softened it a little bit to not have them on the offensive from the off.

Penalty Charge Notice: HZ99303438
Vehicle Registration: FN64 AJX

I am assisting my mother, the registered keeper of the vehicle, in preparing these representations. I am authorised to correspond with the council on her behalf regarding this PCN.

Having reviewed the CCTV footage, I would respectfully ask the council to reconsider this PCN and exercise its discretion to cancel it.

The footage begins with the vehicle already within Sawley Road and does not show how the vehicle arrived at that location. The only manoeuvre captured on the CCTV is the vehicle turning around and leaving the area.

My mother had recently been served with a Section 21 notice and was viewing potential alternative accommodation in an unfamiliar area. She was understandably under a significant amount of stress at the time. Upon realising that she had entered a restricted road, she immediately turned the vehicle around and exited, as shown in the council's own footage.

The CCTV does not show a driver continuing through the restricted area or seeking to use the restriction as a shortcut. Rather, it shows a driver who recognised a mistake and took immediate action to correct it.

If the council considers that a contravention technically occurred, I would respectfully submit that any breach was de minimis. In other words, any breach was so trivial and insignificant that it would be disproportionate to enforce the penalty in the circumstances. The vehicle did not proceed through the restricted area. Instead, my mother immediately turned around and left as soon as she realised her mistake.

The council's own CCTV footage shows that the sole manoeuvre captured is the vehicle turning around and exiting the location. There was no attempt to continue through the restriction, gain any advantage, or use the route as a shortcut. The footage is entirely consistent with a driver who recognised an error and took immediate steps to rectify it.

I appreciate that restrictions of this nature serve an important purpose, and my mother regrets the error. However, given the particular circumstances, the immediate corrective action taken, and the minimal nature of any breach, I would be grateful if the council would exercise its discretion and cancel the Penalty Charge Notice.

Thank you for taking the time to consider these representations.

No, not quite
The 56 days is the mandatory response period for formal reps against a Notice to Owner under the Traffic Management Act, so doesn't apply to your mum's PCN which is under the LLA & TfL Act 2003

However, London Tribunals have made clear that delays of more than 3 months in replies to formal representations ca be considered unfair and grounds for cancellation of a PCN unless the authority have a very good reason.
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So, that leaves 30th June being 3 months from the latest date reps could have been submitted.

I won't poke the bear and hope nothing comes back in the next 10 days.

My mum just reminded me that she hasn't heard back from ealing council regarding this.

I've had a look at the PCN on the system and it says that a NTO has been sent, I'm assuming this is the inital fine received through the post. No Rejection of reps or anything from the council?

I would assume it would be taken off the PCN system if there was an acceptance of reps. Should I chase it up or wait?

Can confirm had the same PCN and it was cancelled after appeal using this template.

The reason was she was viewing a house as we’re currently waiting for court documents to come after receiving a section 21.

I’ve attempted to get Ealing Council to use their discretion before when I got a parking ticket outside my house after spending the whole night in A&E. I don’t have a permit because I’m usually at work at times of enforcement. They didn’t even acknowledge my reps and simply said I was observed by a CEO parked without a permit.

I will try at the very least because at least it will give her a little extra time to pay. Will probably write up the reps and submit on the last day to give even more time.

Thanks for the advice