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#Post#: 74527--------------------------------------------------
FPN APCOA for Hillingdon Council PH parked in PSPO space
DIR By: AWPH
Date: June 3, 2025, 6:33 am
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Good morning,
I received a FPN on 31st May for parking within a PSPO, and
usually you are asked to move on, however on this occasion, the
first action was the officer taking a photo of me and my PH car.
On request, I showed my driving licence and complied with the
officer throughout. I understand subsequently that I didn't have
to present my licence and should probably have driven away at
the first sighting of the officer.
I have not paid the fine yet; I'm still within the 14 days for
lesser amount of £50, however the ticket has my first, middle
and surname all spelt incorrectly, albeit close to correct in
each case, and it states I was parked outside 96 Bolton's Lane,
Hillingdon, when I was actually parked outside 28 Bolton's Lane.
While these may be minor 'errors' on the ticket, are these
points worth appealing to Hillingdon Council?
Many thanks for your help and consideration and please let me
know if you cannot see the image.
HTML https://imgur.com/a/vNVrk2u
#Post#: 74665--------------------------------------------------
Re: FPN APCOA for Hillingdon Council PH parked in PSPO space
DIR By: ivanleo
Date: June 3, 2025, 4:53 pm
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Well the FPN doesn't really say anything so you'll have to fill
in the blanks for us: why would the officer have given you the
FPN in the first place? What were you doing that the PSPO
prohibited you from doing?
#Post#: 74670--------------------------------------------------
Re: FPN APCOA for Hillingdon Council PH parked in PSPO space
DIR By: AWPH
Date: June 3, 2025, 5:24 pm
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My apologies, more detail would have helped.
I was waiting for a fare mid-afternoon flying into Heathrow on
Saturday 31st May in Bolton's Lane. The parking bays intended
for local residents were quite empty and I did notice that there
weren't many , if any, PH drivers around, but put that down to
day and time, that time being a relatively quiet time for
travelling. I was parked in a residents bay and had effectively
ignored the signs, but from previous experience,
APCOA/Hillingdon Council officers politely ask you to move on,
which of course you do.
The sign by where I parked says "Permit Holders Only, 9am - 5pm,
H1" and at the other end, there is a new sign regarding the
prohibition of Taxi and Private Hire drivers parking in the
vicinity, which I had missed. Ergo I am "guilty as charged".
This was the first time in my experience that officers took
photos before asking me to drive on; I never leave my car
unattended in that situation, so, mistakenly perhaps, expected
being in attendance gave an element of security from ticketing.
My car displayed a certificate for my licensing authority in the
windscreen, so I could hardly deny being a PH driver. I didn't
realise at the time that I did not have to show ID to the
officer, and should have taken a photo of the officers' car
parked illegally on a double yellow line very close to a corner
of the road.
My query is on the 2 examples of the officer capturing the
offence happening outside the wrong address, and the officer,
despite having my driving licence in front of him, capturing my
home address correctly, but misspelling each of my first, middle
and last names on the ticket. If, on your advice, there's any
potential defence there, I'll appeal on that basis, however if
you believe it would be futile, I'll pay the fine before it
increases from the minimum amount.
Again, much appreciation for your help and advice.
#Post#: 75911--------------------------------------------------
Re: FPN APCOA for Hillingdon Council PH parked in PSPO space
DIR By: AWPH
Date: June 10, 2025, 4:18 pm
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Hello cp8759, and thanks for your previous comment. Have you had
a chance to review my reply please? I need to pay the fine or
appeal by Friday 13th June and just need to know if you believe
I’ve a case based on wrong address and/or misspelt names? Thanks
in advance…
#Post#: 75915--------------------------------------------------
Re: FPN APCOA for Hillingdon Council PH parked in PSPO space
DIR By: fraser.mitchell
Date: June 10, 2025, 4:29 pm
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This FPN is within the criminal law, and alleges you failed to
comply with a Public Space Protection Order, whatever that is !!
Clearly you don't know, and I don't think many people on this
forum for council parking and traffic PCNs do either. Parking is
not mentioned on the FPN, so I would suggest you try to find out
how you have contravened their PSPO.
#Post#: 75940--------------------------------------------------
Re: FPN APCOA for Hillingdon Council PH parked in PSPO space
DIR By: ivanleo
Date: June 10, 2025, 7:37 pm
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[member=5682]AWPH[/member] I suggest you look up the PSPO
(you'll probably find it on the council website), and post a
link on here.
#Post#: 75943--------------------------------------------------
Re: FPN APCOA for Hillingdon Council PH parked in PSPO space
DIR By: Enceladus
Date: June 10, 2025, 10:19 pm
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Looks like the PSPO is here
HTML https://www.hillingdon.gov.uk/article/4803/Restriction-of-activities-in-public-places.<br
/>Down the page a bit, "PSPO 2025
Taxis, private hire vehicles and chauffer driven vehicles
waiting in streets near Heathrow Airport."
#Post#: 75955--------------------------------------------------
Re: FPN APCOA for Hillingdon Council PH parked in PSPO space
DIR By: H C Andersen
Date: June 11, 2025, 3:17 am
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As I understand it:
You were the person in charge of the vehicle.
You know the area.
You knowingly parked in a Permit Holder's Only bay when not
permitted which carries a penalty of £140.
You were issued with a FPN for £100.
You gave your name and address, therefore they could pursue you
because a summons could be served.
GSV is a little out of date, but what it does show is a road
with more double yellow lines and double kerb blips than I've
ever seen, some in places where they shouldn't be, which implies
hell for residents caused by hordes of taxis etc. waiting for
passengers while avoiding airport fees and charges. Heathrow's
own forming-up area.
What defence do you think you have against the offence which
would be worthwhile pursuing if it placed you in jeopardy of
paying the full penalty?
It's impossible to advise because we've not seen the back of the
FPN and whether you can even submit an appeal at this stage.
#Post#: 75972--------------------------------------------------
Re: FPN APCOA for Hillingdon Council PH parked in PSPO space
DIR By: ivanleo
Date: June 11, 2025, 4:42 am
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Is it just me, or does the use of a PSPO appear to be an attempt
to circumvent the restriction in regulation 8(1) of The Civil
Enforcement of Road Traffic Contraventions (Approved Devices,
Charging Guidelines and General Provisions) (England)
Regulations 2022
HTML https://www.legislation.gov.uk/uksi/2022/71/regulation/8?
[indent]
8.—(1) No criminal proceedings may be instituted, and no fixed
penalty notice may be issued, in respect of conduct constituting
a parking contravention, except a pedestrian crossing
contravention.
[/indent]
[member=4]Southpaw82[/member] what are your views, if the
conduct complained of constitutes both a civil parking
contravention and an offence of contravening the PSPO, can the
council bring criminal proceedings?
#Post#: 75975--------------------------------------------------
Re: FPN APCOA for Hillingdon Council PH parked in PSPO space
DIR By: H C Andersen
Date: June 11, 2025, 5:03 am
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I wondered the same, hence drawing attention to parking in the
bay.
FWIW, my take is that the intention of this provision is to
prevent a double whammy but doesn't preclude a FPN when criminal
and decriminalised activities are taking place together.
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