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#Post#: 78559--------------------------------------------------
Trafford Council (Trafford MBC); Code 01 Parked in Restricted
Street; Elsinore Road - Charge Certificate
DIR By: Europlus
Date: June 27, 2025, 11:40 am
---------------------------------------------------------
Good evening all,
I'm really struggling with the formatting of this post, so will
leave all of the image/ link inserts until the end if that's ok?
Some months ago I received a PCN from the local council which
alleged my car had been parked on a restricted street during
prescribed hours. Initially, I assumed this related to matchday
restrictions around Old Trafford cricket and football grounds
and spent some time researching and confirming that the road in
question, Elsinore Road, is not within any of the Restricted
Zones which are listed and mapped out on the Trafford MBC
website.
However, I found one of your templates, which suited my
situation and used that to appeal on the grounds that the
penalty code made no sense and did not accurately and
unambiguously show me what contravention had occurred.
The appeal was rejected, on the basis that double-yellow lines
denote an area to be restricted "at all times" (choosing words
carefully, so I do not make the same mistake of suggesting the
whole road, as the fantastic template pointed out).
I have subsequently found the BOROUGH OF TRAFFORD (PROHIBITION
OF WAITING AND LOADING AND PROVISION OF PARKING) ORDER 2001,
which lists, seemingly, all of the traffic restrictions within
the borough of Trafford, and which does indeed include Elsinore
Road. My argument now is that the very specific restricted areas
include a reference to the NorthEast carriageway restriction
which stretches from the junction of Seymour Grove for a
distance of 63 metres. The location of the car, using an online
map measuring site (Calcmaps.com) was approximately 108 metres
from that junction, and therefore appears to be beyond the
restricted area.
I have attached, for now, both sides of the PCN, a picture of my
car showing the location (in which it faces down the road toward
Seymour Grove) and an extract from the Borough Parking Order
2001.
Thank you
NB: The format online was much better than the preview led me to
believe, so I will include now a copy of your appeal template
that I used...
Dear Sir/Madam
The alleged contravention did not occur. The traffic regulation
order fails to define what a “restricted street” is and it does
not prescribe that it is a contravention to park in a restricted
street during prescribed hours.
Contravention code 01 was originally devised by the London
Councils and reflected the fact that London council’s traffic
orders made specific reference as to what is to be considered
“restricted street”. This can be seen in the example below (for
reference, Schedule 1 concerned No Waiting restrictions);
“restricted street” means any street within the London Borough
of Lewisham specified in Schedule 1 (hereinafter referred to as
a “scheduled street”) and includes, except where the context
otherwise requires, so much of every other street within that
London borough which is not a scheduled street or a street
specified in Schedule 4 and which joins any scheduled street as
lies between the kerb line of the scheduled street and a point
18.29 metres distant therefrom and any reference in this order
to any restricted street shall be construed accordingly,
provided that the expression “restricted street” shall not for
the purposes of this order include–
(a) any area on a highway or any place within the London Borough
of Lewisham for the time being designated or described as a
parking place by any order made or having effect as if made
under section 6 or section 45 of the Road Traffic Regulation Act
1984;
(b) in its application to a street specified in column (2) of
Schedule 5, that length of street which extends 18.29 metres
measured in the direction specified in column (3) of that
schedule from the kerb line of the scheduled street specified in
column (4) of that schedule, and in this definition the
expression “kerb line” in relation to a scheduled street shall
mean that imaginary line which is the projection of the line
formed by the edge of the main carriageway of the scheduled
street adjacent to its junction with the side in question of any
other street;
(c) any length of street designated as red route;
The London boroughs would not go to the trouble of taking great
care to specifically define what is a “restricted street” if it
served no purpose and was unnecessary. Without a traffic order
defining “restricted street” then it is reasonable to apply
common language. The commonplace definition of “restricted” is
thus; “place limits on, confine, restrain”. Therefore, in
essence, the PCN informed me that I parked in a street during
hours that the street is subject to parking restraints. It does
not however inform me of how the vehicle contravened a
particular parking restraint or even what parking restraint was
contravened. It is highly important to note that not all parking
restrictions prohibit parking (eg: parking place restrictions)
and so parking in a restricted street during prescribed hours is
not a contravention by default since it can be lawful. It is
only a contravention if the traffic order is drafted correctly
in the manner exampled above.
A street is often subject to a number of differing parking
restrictions. For example, one particular parking bay in a
street may be restricted to permit holders only between the
prescribed hours of 9am to 6pm while another parking bay may be
restricted to Pay & Display between the prescribed hours of 8am
to 6pm. However, a person who lawfully parks their vehicle in
ether bay during the prescribed hours is doing just as my
vehicle was also doing, that being, “parked in a restricted
street during prescribed hours”. Quite simply, the ground stated
on the PCN is not fit for purpose since it does not distinguish
between a vehicle that is lawfully parked in a restricted street
during prescribed hours and one that is not.
The use of this equivocal ground is potentially prejudicial as a
person may prepare an appeal focusing on a parking restriction
that is not actually relevant to the reason why the PCN was
served. For instance, many PCN’s are served upon vehicles that
are parked partly in a parking space with either their front or
rear end slightly overhanging an adjacent single or double
yellow line. Often where this happens a PCN is served upon the
vehicle for being “parked in a restricted street during
prescribed hours”. However, due to the diverse meaning in plain
English of this ground, the recipient of the PCN may wrongly but
reasonably assume that they contravened the parking place
restriction rather than be aware that they fractionally
infringed upon the “No Waiting” yellow line restriction. In the
interest of justice a person needs to easily comprehend why
their vehicle was not considered lawfully parked so that they
can either avoid doing so again or gather the relevant evidence
for any subsequent appeal.
It must also be remembered that the ground on the PCN will be
repeated on the NtO and the owner may not have been the driver.
Therefore, unless an NtO is accompanied each and every time by
adequate photos of the signage, the owner when applying common
language will not be able to deduce with certainty what parking
restriction the expression “restricted street “concerns and was
allegedly contravened. The general principles of law dictate
that a person should not have to decipher the ground stated on a
PCN or guess what restriction was allegedly contravened; it
should be unequivocal. In a day and age when the UK is host to a
wealth of visitors and residents whose first language is not
English and when central and local Government both readily
advocate the use of plain English on all public forms and
documents it is nonsensical to use language on a PCN that is
ambiguous or may require a person to refer to the glossary of a
far away traffic order to gain a degree of understanding of what
they allegedly did wrong.
The council may be using the standard contravention codes but it
should be remembered that these contravention codes have no
statutory authority and cannot be relied upon as a defence as
made clear in the key adjudication case between Metrick v Camden
(Case no 207034396A).
I find the ground of “parked in a restricted street during
prescribed hours” to be unsupported as a parking contravention
prescribed by the traffic order. The order may prohibit waiting
in certain lengths of road at certain times but the order does
not define and correlate waiting restrictions with being
"restricted street" nor does it define and correlate what is
considered "prescribed hours". It is critical to remember that
the purpose of a PCN is to encourage people to park lawfully, so
it stands to reason that a person needs to know precisely what
they did wrong in order to avoid doing so again. The ground
given on the PCN is ineffective in conveying what I allegedly
did wrong and as such it does not satisfy paragraph 1(e)
contained within the Schedule to “The Civil Enforcement of
Parking Contraventions (England) General Regulations 2007 and
the penalty charge should be cancelled forthwith rather than
drag this matter to adjudication.
[attachment deleted by admin]
#Post#: 78573--------------------------------------------------
Re: Trafford Council (Trafford MBC); Code 01 Parked in
Restricted Street; Elsinore Road - Charge Certificate
DIR By: H C Andersen
Date: June 27, 2025, 12:34 pm
---------------------------------------------------------
Initially, I assumed this related to matchday restrictions
around Old Trafford cricket and football grounds and spent some
time researching and confirming that the road in question
?
You parked on DYL, 24/7 restriction and nothing to do with
matchday restrictions.
The current penalty is £105. Therefore a Charge Certificate has
been issued. I suggest you focus on procedure because currently
you have no appeal or representation options and, if you are the
registered keeper, are potentially facing a visit from
enforcement agents.
There is an outstanding fine of £105.00 for this Penalty Charge
Notice.
#Post#: 78581--------------------------------------------------
Re: Trafford Council (Trafford MBC); Code 01 Parked in
Restricted Street; Elsinore Road - Charge Certificate
DIR By: fraser.mitchell
Date: June 27, 2025, 1:32 pm
---------------------------------------------------------
So, your representations were rejected. However, there are three
stages involved with a PCN served to the car or driver at the
roadside : -
1. PCN - which can be paid or informal representations submitted
against it
2. Notice to Owner - sent to the owner as per the name and
address on the V5C Registration Certificate for the car.At this
stage only the owner can submit representation, or can authorise
a person to act on their behalf, or the NtO can be paid.
3. Charge Certificate - sent to the owner if payment of the NtO
has not been made, or representations against it have bee
refused but no payment or appeal to the adjudicators has been
made#
4.Order for Recovery - sent to the owner when the CC has not
been paid and the council have registered the debt at the
Traffic Enforcement Centre.
So the question to you is this - At what stage of the above did
you submit your reps, at the PCN stage, or after receipt of a
Notice to Owner ? We need to know if the council have cocked-up,
or you have just let the matter rest after receipt of their
letter of rejection.
We therefore need to see this letter of rejection, because at
the CC stage you have lost all appeal options. We also need to
see the Notice to Owner as well. If you never received this,
then there is a stage to get the matter revertd, but we need to
see the real documents posted here not transcripts
#Post#: 78620--------------------------------------------------
Re: Trafford Council (Trafford MBC); Code 01 Parked in
Restricted Street; Elsinore Road - Charge Certificate
DIR By: Europlus
Date: June 28, 2025, 4:06 am
---------------------------------------------------------
Thank you both for your responses and suggestions.
Taking the first response initially, o wasn’t certain if parking
on the “other side” of a DYL (as if it were a grass verge for
example) was the same as parking on the road where there was a
DYL?
With respect to the second series of questions and comments; my
appeal was submitted online after receiving the PCN. I can’t
find a copy of the rejection notice and don’t recall having an
NtO.
At this CC stage, even if the stretch of road is not covered by
the council’s order, is my only option to pay the charge?
#Post#: 78632--------------------------------------------------
Re: Trafford Council (Trafford MBC); Code 01 Parked in
Restricted Street; Elsinore Road - Charge Certificate
DIR By: fraser.mitchell
Date: June 28, 2025, 5:41 am
---------------------------------------------------------
--- Quote ---
> is my only option to pay the charge?
--- End Quote ---
No, not at all, because you didn't get a response to your reps
against the PCN. So you can now ignore the CC and wait for them
to register the debt at the Traffic Enforcement Centre. They
will then send you an Order for Recovery, (£10 goes on the CC
charge for the registration fee). YOu will need to submit a TE9
Witness Statement form.
HTML https://assets.publishing.service.gov.uk/media/62e14db38fa8f5649f912647/TE9.pdf
The "Applicant" is the council, you are the witness.
#Post#: 78635--------------------------------------------------
Re: Trafford Council (Trafford MBC); Code 01 Parked in
Restricted Street; Elsinore Road - Charge Certificate
DIR By: H C Andersen
Date: June 28, 2025, 6:24 am
---------------------------------------------------------
With respect......
OP, your initial reps were nonsense if what you posted is what
you submitted. Trafford is not Lewisham and references to London
boroughs are irrelevant.
You received a reply to these initial reps, which I cannot find.
However, according to you, you did not receive the NTO, hence
could bot make formal representations and consequently a CC was
served which you did receive.
Your witness statement grounds(once an Order for Recovery is
issued)are therefore: Did not receive the NTO in question.
Keep your eye on the Trafford website and once the outstanding
penalty increases to £115 come back here(the Traffic Enforcement
Centre charge the council £10 to register the debt and this is
recovered from you by adding to the penalty). Ultimately the
council would issue another NTO at which point you could put
your detailed argument regarding the traffic order.
HTML https://pcnportal.trafford.gov.uk/VEH/Live/3sc/3sc-us/
And yes, the DYL apply to where you were parked. But whether
there is an underlying restriction time will tell.
#Post#: 89976--------------------------------------------------
Re: Trafford Council (Trafford MBC); Code 01 Parked in
Restricted Street; Elsinore Road - Charge Cer
DIR By: Europlus
Date: September 15, 2025, 6:00 am
---------------------------------------------------------
I don't think the references to London boroughs was irrelevant
or nonsense, though as it happens, I had misremembered and that
is not what I sent originally but was something I found in the
MSE forum (I think) and planned to reference in the next
stage... but that is why I'm here seeking help, as I think the
arguments put in the article I referenced are similar:
- There is no detail in the contravention code or description
which indicates the specific breach and helps a driver to avoid
in the future (i.e. there are parking bays on Elsinore road and
there are "matchday restrictions" too - albeit further along
that road)
- Within the Trafford Borough Parking Order 2001, there are
measurements along Elsinore Road, specifying the length of the
road where double yellow line restrictions apply - and my car
was not within the measured area
Regardless, in response to the procedure outlined by
Incandescent, I received an Order for Recovery on 07/08/2025 and
submitted a witness statement, as per the link in your comment.
I didn't get a notice of rejection and have just today received
a Notice of Enforcement, from Jacobs, for the sum of £190.
Is there anything can I do now?
#Post#: 90010--------------------------------------------------
Re: Trafford Council (Trafford MBC); Code 01 Parked in
Restricted Street; Elsinore Road - Charge Certificate
DIR By: fraser.mitchell
Date: September 15, 2025, 8:06 am
---------------------------------------------------------
Contact TEC and ask what happened with your WS submission.
It might be prudent to pay the bailiffs now to avoid the £235
visit charge. Paying has no relation or effect on a WS.
#Post#: 90016--------------------------------------------------
Re: Trafford Council (Trafford MBC); Code 01 Parked in
Restricted Street; Elsinore Road - Charge Certificate
DIR By: H C Andersen
Date: September 15, 2025, 8:29 am
---------------------------------------------------------
+1.
Pay the amount demanded as this caps your liability and is
refundable if the PCN is ultimately cancelled.
BUT before you do can we look at this please:
I received an Order for Recovery on 07/08/2025 and submitted a
witness statement, as per the link in your comment. I didn't get
a notice of rejection
There is NO notice of rejection as it's not an appeal. IF you
completed and submitted the WS in time, then BY LAW the CC and
OfR are cancelled.
So:
On what date and by what means did you submit your WS;
To whom;
Citing which of the grounds;
Was it completed correctly e.g. signed by the person to whom it
was addressed?
Pl post the Notice of Enforcement, both sides.
#Post#: 90026--------------------------------------------------
Re: Trafford Council (Trafford MBC); Code 01 Parked in
Restricted Street; Elsinore Road - Charge Certificate
DIR By: Europlus
Date: September 15, 2025, 9:27 am
---------------------------------------------------------
Thank you both, again:
The WS was sent by post (I'd printed it off for signing but
couldn't scan it afterwards) to St Katherine's House on, or
around, 18/07/2025 stating the grounds that I had not received a
Notice to Owner and was, as far as I can see, completed and
signed correctly.
I just rang (today) TEC to ask about my WS and they said they've
been having issues with their post and they've sent me a TE7
which I will complete and send back with a copy of my original
TE9. They will then pass that to Trafford in order to start the
process again.
The Order for Recovery and NoE are here:
HTML https://ibb.co/3m1MVNN1
OfR Front
HTML https://ibb.co/ZpgD1558
OfR Rear
HTML https://ibb.co/JFMqqK21
NoE Front
HTML https://ibb.co/35h8QgB0
NoE Rear
In relation to making the payment, TEC suggested I could call
Trafford and Jacobs to let them know what is happening and to
see if they will await the outcome.
Should I pay in the meantime?
Thanks
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