Free Traffic Legal Advice

The registered keeper has received the attached PCN (this has been redacted solely to remove personal details as per the sticky post):

https://imgur.com/a/ZADeyd3

Upon leaving the nearby residents’ car park, where the driver has parking rights, the driver noticed a mechanical issue and sound with the vehicle and pulled in safely onto the double yellow lines whilst they investigated the issue.  The hazards were on for this reason. The driver was stopped briefly for no more than 1-2 minutes, also exiting the vehicle to inspect. Upon realising the issue was non-serious, the driver continued on their journey.

The registered keeper has now received the attached PCN for parking, which notes that the observation period of the vehicle was less than 1 minute.

The driver’s position is that they were not parked, they had stopped momentarily to inspect an issue, it is double yellow lines (not double reds) which do not prohibit stopping and in any event stopping is permitted in the event of a potential mechanical issue.

At present no response has been made by the registered keeper to this PCN.

I do not have a picture of the no parking signs, but they are present and are the standard NPC signs. A google street view link to the location and the signage is here: https://maps.app.goo.gl/pJ4jjmH3C5L7WoR16?g_st=ic

Please can you let me have your thoughts as to the best course of action as to next steps. I am happy to provide further information.

Yes, this is the original and only NtK that has been received by the registered keeper.

On that basis should the registered keeper appeal on NPC website with the following wording:

"This Parking Charge Notice ("PCN") has been issued to the registered keeper out of time and is therefore unenforceable as against the registered keeper. As you will be aware, under the Protection of Freedoms Act 2012 ("POFA 2012") a parking charge notice must be issued and deemed received by the registered keeper of the vehicle within 14 days of the contravention in order to transfer liability for the PCN to the registered keeper.

This has not occurred in this instance as the PCN has only been deemed to have been received on 29 November (19 days after the date of the contravention). Therefore you cannot transfer liability to the registered keeper under POFA 2012 as the PCN does not comply with the requirements of POFA 2012. The registered keeper is under no obligation to name the driver and there will be no admission as to who was driving and no inference or assumptions can be drawn.

As NPC cannot hold the registered keeper liable and the registered keeper is under no obligation to name the driver, please therefore cancel this PCN and provide confirmation that this has been cancelled."

Thank you

Thanks for the help. To close this out, the appeal was rejected by NPC (as you expected, and their response didn’t deal with any of the substance of the arguments in the appeal) but they conceded when it went to IAS so it’s now been cancelled.