Free Traffic Legal Advice

On the 20th of March, my vehicle was used to pick up my daughter from a friend place. They live in a residential whose entrance looks like this.

 
The driver stopped the car here while waiting for the toddler to come. The driver stayed in the car or around the car the entire time and the car was always running (it's an hybrid so the engine will turn off...). The pick-up process likely still took 10+ minutes (children...). 


I received a PNC addressed to me (registered driver), stating they issued a Parking Charge because the car was parked on private land, claiming the reason for the issue being "No Parking on the roadway". 


Now the vehicle was on the roadway but it is my understanding (correct me if I am wrong) that the vehicle being stationary on the roadway does not constitute parking? 
  

 

A few other things that stand  out that I'm not sure if are relevant: 

- The PNC includes 2 pictures (the car lights can be see on, in both pictures) with a timestamp. Based on data from google maps, that timestamp is wrong, google maps from one of the passengers show the vehicle left the location at 18:05, when the timestamp on the picture shows the car there at 18:17 

- The Resident had actually requested a visitors permit for my vehicle, but the vehicle did not go to the visitors parking bay as the driver was in a hurry and didn't want to go into the residence. 
 

   
The PCN was issued on the 30th, I am not sure when it arrived (the 2nd notice took 6 days) as I was away for 2 weeks and only saw the letter earlier this week. 

See here the PCN:

• Page 1
• Page 2

and here is the parking notice that can be found all around:

• link

Any help on how to proceed would be greatly appreciated! thanks in advance

Well where I am originally from it is different. I've seen signs saying no parking and other saying no stopping, thus I assumed they had different definitions. I stand corrected I guess. Does that mean I should pay the fine?

I used the MSE tool to write me an appeal. Does it make sense, anything that I should add or remove? Thanks!

I dispute your parking charge as the keeper of the vehicle. I deny any liability or contractual agreement.



The PCN alleges "No Parking on the Roadway". The vehicle was stationary for approximately 10 minutes to collect a passenger. The driver remained with the vehicle throughout, which was attended and ready to move at all times.



This was stopping/waiting to collect a passenger, not parking. No contract was formed as the driver did not accept any terms by using a car park facility.



The sign stated "you must park wholly within a marked parking bay. No parking on roadways / yellow lines / paved / hatched or landscaped areas". This prohibition applies to parking, not to brief stopping/waiting to collect a passenger.



The charge is unenforceable.

The PCN has no “period of parking”, as required by

9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.

(2)The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

As I’ve already said, I don’t personally agree with the argument that sitting in a stationary car for ten minutes isn’t parking, but if you think otherwise, go for it.
Fairness doesn’t come into it, you have to argue technical points including points of law. If we could defend unfair charges, life would be easier, perhaps.

Your appeal will be rejected, you will need to construct a longer appeal to the IAS explaining precisely why PoFA 2012 has not been complied with, which will probably be rejected but will form the basis of your defence to a subsequent court claim.