Free Traffic Legal Advice

I am seeking advice regarding a parking ticket matter that has now progressed to a court claim.

The original ticket was issued on a street where parking is restricted on one side only, with signage posted on that side. There was no clear indication that the restriction applied to both sides of the street. I parked on the opposite side of the road, where there was no visible sign prohibiting parking, also to mention, I was not the only one doing that. Despite this, I received a parking ticket.

After receiving a claim form, I submitted a response. I have now received further correspondence from the Claimant’s solicitors stating that they have filed a Directions Questionnaire with the Court and intend to proceed with the claim. They have indicated willingness to mediate and are asking whether I agree to mediation. They have also asked whether I am willing to accept service of further documents by email.

Additionally, they have provided an evidence pack.

I am unsure how to proceed at this stage and would appreciate your advice on the following:

Whether I should agree to mediation.

Whether accepting service by email is advisable.

The strength of my position given the signage situation.

What steps I should take next to protect my position.


Thank you in advance for your assistance.

Kind regards,

https://postimg.cc/gallery/BJJZ7Ws

My response was:

I wish to challenge the above PCN on the basis that the alleged contravention did not occur.
I parked on the opposite side of the road to where signage indicating a restriction was present. On the side where my vehicle was parked, there were no road markings and no upright signs indicating that parking was prohibited.
Under Regulation 18 of the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996, a traffic authority has a duty to ensure that the effect of a traffic order is adequately conveyed to road users.
Further, under the Traffic Signs Regulations and General Directions 2016, restrictions must be indicated by prescribed signs and/or road markings.
As there were no signs or markings on the side where I parked, the restriction was not adequately conveyed. A motorist cannot reasonably be expected to infer that a restriction applies where it is not clearly indicated.
In the circumstances, the alleged contravention did not occur and I request that the PCN be cancelled.

So after this I received N180 form with pictures and previous parking notices

I updated - many thanks

It would be nice to see the original PPN.

Also, unfortunately you have identified the driver.
But, I`m sure PPS was one of the PPC`s that eventually discontinue their claim.
Below is a post by b789 from last year.

Not to worry. You are just one of literally thousands who have been suckered into this well know scam at this location. If you follow the advice, you won't be paying a penny to PPS.

There are several things wrong with the Parking Charge Notice (PCN) that has been issued as a postal Notice to Keeper (NtK). The first one is that it is not fully compliant with all the requirements of PoFA to be able to hold the Keeper liable for the charge. PPS have absolutely no idea who the driver is unless the Keeper blabs it to them, inadvertently or otherwise.

The Keeper and the driver are two separate legal entities and there is no legal obligation on the Keeper to identify the drie third person. No "I did this or that". Only "The driver did this or that". So, don't tell 'em your name Pike!

Also, the location is NOT Holloway Street but Mattise Road. I have seen PPS provide doctored maps to POPLA to try and con them about this issue.

For now, as PPS will reject any initial appeal, just send the following and wait for the rejection and the POPLA code.

Easy one to deal with… as long as the unknown drivers identity is not revealed. There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.

The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.