DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 99816--------------------------------------------------
RBKC PCN for not parked within the bay - do the before/after
pics help me?
DIR By: Drogo
Date: November 25, 2025, 5:22 pm
---------------------------------------------------------
Ok so long story short. I paid for parking (in London South
Kensington and Chelsea) but wasn’t parked correctly within the
bay because the car (minivan) in front of me had its back in my
bay which led to me being outside the line. By the time the
parking officer came, the car that was originally there when I
paid for parking was gone and another smaller car took its place
which made me look bad. I made an online appeal and they
rejected it after 4 months!!!! I have the pics I took when I
parked that clearly showed my bay was partially blocked. And
then I also have the council PCN pic. See all the pics below.
What do I do? I feel like the pics can speak for the facts! Any
point in doing a formal appeal / contest it further at the
tribunal? Or shall I just pay? I feel like because I have the
“before and after” pics I might have a case, just don’t know
whether I should just pay the £55 now! Please let me know your
thoughts!
HTML https://i.postimg.cc/hJTxsFLh/IMG-8493.jpg
HTML https://postimg.cc/hJTxsFLh
HTML https://i.postimg.cc/KKBLfXPK/IMG-8496.jpg
HTML https://postimg.cc/KKBLfXPK
HTML https://i.postimg.cc/rdxWj610/IMG-8497.jpg
HTML https://postimg.cc/rdxWj610
#Post#: 99817--------------------------------------------------
Re: RBKC PCN for not parked within the bay-very unfair
DIR By: Drogo
Date: November 25, 2025, 5:25 pm
---------------------------------------------------------
Parking contravention:
Not parked correctly within the markings of the bay or space.
Your challenge:
“I would like to challenge this PCN because the pictures the
parking officer took do not
reflect the full picture of what happened. When I parked in that
spot (way before the
officer issued the PCN), there was a minivan that parked in
front of my car already that
had gone over the line leaving me unable to keep my own car
within the lines”
Why the PCN was correctly issued:
The PCN was issued to the vehicle as it was not parked correctly
within the markings of
the bay or space.
My decision:
Motorists are reminded that vehicles must be parked wholly
within the designated bay
markings. If a vehicle is too large to fit entirely within the
marked bay, it should not be
parked in that location. Parking outside the bay markings may
obstruct traffic flow and
contravene the relevant parking regulations.
Given all the evidence, combined with my own investigation; I
see no grounds for this
PCN to be cancelled.
We acknowledge your explanation regarding your challenge.
Please be advised that now we have responded to you and have
outlined the available
options below, no further challenges will be considered in
relation to this matter.
What happens next:
We are still willing to accept payment at the reduced rate of
£55 if received within 14
days from the date of the service of this letter.
If payment is not received by the above date a Notice to Owner
will be sent to the
registered keeper of the vehicle and the charge will revert to
the full cost of £110. The
Notice to Owner will allow the registered keeper to make formal
representation against
the issue of the PCN. Should the representation be rejected, the
registered keeper will
then be sent an appeal form which will give them the opportunity
to appeal against our
decision to the London Tribunals.
If the Adjudicator allows your appeal we will then cancel the
notice. If the Adjudicator
refuses your appeal you will need to pay the Council the full
rate within 28 days of the
decision.
If you are not the registered keeper of the vehicle, e.g. the
vehicle is a company or
lease/hire vehicle, or it is being used with the owner`s
consent, I suggest you advise the
registered keeper that a Notice to Owner will be issued.
You can pay for your PCN in person, by post, telephone or
online.
#Post#: 99819--------------------------------------------------
Re: RBKC PCN for not parked within the bay - do the before/after
pics help me?
DIR By: Drogo
Date: November 25, 2025, 6:05 pm
---------------------------------------------------------
See below the letter I plan on sending to the council as part of
my formal representation…now that assuming you guys think I have
a chance or not…all below created with the help of ChatGPT in
the space of 15 seconds…remarkable stuff…anyway appreciate your
thoughts on this:
To:
The Royal Borough of Kensington and Chelsea
Parking Services
Re: Formal Representation
Penalty Charge Notice (PCN): XXXX
Vehicle Registration: XXXX
Date of PCN: XXXX
Location: XXXX
Dear Sir or Madam,
I am writing to submit a formal representation against the above
PCN on the grounds that the contravention did not occur. The
Civil Enforcement Officer’s photographs do not reflect the
circumstances that existed at the time I parked, and I have
attached contemporaneous photographic evidence which clearly
demonstrates this.
⸻
1. An obstructing vehicle made it impossible to park within the
bay markings
When I arrived and parked my vehicle, the bay directly in front
of me was occupied by a large minivan. This vehicle’s rear
overhang projected substantially beyond the front of its own
bay, encroaching deeply into my bay.
This overhang can be clearly seen in the photographs I took at
the moment I parked, attached as:
•
•
possible
•
The minivan’s protrusion left me no physical possibility of
parking wholly within my bay markings without making contact
with the vehicle in front. I therefore positioned my car as
correctly as was reasonably possible under the circumstances.
⸻
2. The CEO did not see the obstructing vehicle (it departed
before their arrival)
By the time the Civil Enforcement Officer attended, the minivan
had left the scene, and a smaller vehicle had subsequently
parked in its place. This gives the misleading impression in the
Council’s photographs that ample space was available in front of
my vehicle at all times.
However, as my photographs show, this was not the case at the
time I parked. The CEO’s images therefore do not reflect the
true circumstances leading to my position.
⸻
3. I took photographs precisely because I recognised the unusual
situation
I was fully aware that I could not park entirely within the
markings due to the obstruction, so I took photographs
immediately to document the cause. This demonstrates that I
acted:
•
•
•
The minor misalignment arose solely due to a situation entirely
outside my control.
⸻
4. I had paid for parking and intended to comply with all
requirements
I had already paid for parking that day and had no intention of
parking improperly. I expected to realign my vehicle once the
obstructing minivan moved, but unfortunately it departed before
I could return. The PCN was therefore issued based on a
situation that did not reflect the circumstances at the time I
parked.
⸻
5. Grounds for cancellation
I respectfully submit that the PCN should be cancelled because:
•
parking within the bay by another vehicle’s unlawful
encroachment.
•
showing the obstruction.
•
existed when I parked.
•
in good faith.
⸻
Conclusion
I therefore ask the Council to review my evidence carefully and
to cancel this PCN in light of the full and accurate
circumstances.
Thank you for your consideration. I look forward to your
confirmation that the notice has been cancelled.
Yours faithfully,
[Your Name]
[Your Address]
[Your Contact Details]
#Post#: 99922--------------------------------------------------
Re: RBKC PCN for not parked within the bay - do the before/after
pics help me?
DIR By: Drogo
Date: November 26, 2025, 9:07 am
---------------------------------------------------------
Any thoughts from anyone?
#Post#: 99934--------------------------------------------------
Re: RBKC PCN for not parked within the bay - do the before/after
pics help me?
DIR By: stamfordman
Date: November 26, 2025, 10:08 am
---------------------------------------------------------
You've hidden the details - what is the location? Are those the
council's pics in your first post?
Have you got an NTO? What are the dates?
But it looks to me like you are asking them to use discretion
and they don't want to.
#Post#: 99959--------------------------------------------------
Re: RBKC PCN for not parked within the bay - do the before/after
pics help me?
DIR By: H C Andersen
Date: November 26, 2025, 12:28 pm
---------------------------------------------------------
+1.
Where's the PCN;
Where's the NTO.
Post and leave in everything except personal details. Do not
obscure VRM, location, PCN number etc.
#Post#: 99964--------------------------------------------------
Re: RBKC PCN for not parked within the bay - do the before/after
pics help me?
DIR By: Drogo
Date: November 26, 2025, 2:16 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> +1.
>
> Where's the PCN;
> Where's the NTO.
>
> Post and leave in everything except personal details. Do not
obscure VRM, location, PCN number etc.
>
--- End Quote ---
Sorry forgot post it. Please see below the PCN. I did not
receive an NTO yet. I am the stage where I appealed online the
PCN in August and received a reply back in Nov saying they
reject my argument. Now I need to either pay reduced rate of £55
or if not they will send NTO which will make me liable for
double that! So my question to you and everyone on this forum
is: is it worth fighting this (do I have a chance for them to
change their mind after I do a representation following them
sending the NTO…..do I have a chance to win at the tribunal if
they reject my representation). Or do I just pay the £55 which
is the reduced rate.
HTML https://i.postimg.cc/DSCTj9YF/IMG-8558.png
HTML https://postimg.cc/DSCTj9YF
#Post#: 99965--------------------------------------------------
Re: RBKC PCN for not parked within the bay - do the before/after
pics help me?
DIR By: Drogo
Date: November 26, 2025, 2:23 pm
---------------------------------------------------------
--- Quote from: stamfordman link ---
>
> You've hidden the details - what is the location? Are those
the council's pics in your first post?
>
> Have you got an NTO? What are the dates?
>
> But it looks to me like you are asking them to use discretion
and they don't want to.
>
--- End Quote ---
Hi. Just posted the PCN in my previous post will details. I have
not got an NTO yet. Only the rejection letter of my argument
(see in a previous post) based on my online appeal submission.
The first pic (the one that shows big gap between my car and the
white car) was taken by the enforcement officer. The other 2
were taken by me when I first parked in case as a precaution
method to show that my bay was partially blocked by a minivan!
So the question is do I pay the reduced £55 now OR I don’t pay,
wait for the NTO then do a formal representation? Do I have any
case here?
#Post#: 99983--------------------------------------------------
Re: RBKC PCN for not parked within the bay - do the before/after
pics help me?
DIR By: fraser.mitchell
Date: November 26, 2025, 5:01 pm
---------------------------------------------------------
Your case is based on mitigation. This is important, because the
aadjudicators at London Tribunals cannot consider appeals based
on mitigation.
You parked, whereas because your car didn't fit within the bay
due to the other car's intrusion, you should have driven off and
parked somewhere else. Yes, I know this is a bit legalistic, but
the council have applied the law correctly, I'm afraid. You are
going to ask them to apply their discretion, so it's very
important to not be confrontational, but to lay out the facts
and ask for them to cancel the PCN in view of the circumstances
you have described. Your asking for a goodwill gesture
basically.
#Post#: 100022--------------------------------------------------
Re: RBKC PCN for not parked within the bay - do the before/after
pics help me?
DIR By: stamfordman
Date: November 27, 2025, 5:28 am
---------------------------------------------------------
Your rear wheels are on a yellow line so that should have
attracted a higher rate penalty.
The issue is simple: if you can't fit in the bay you must find
somewhere else to park.
That said we can look at the traffic order to see if there's
anything about parking in marked bays.
Just asking again for discretion could succeed but unlikely as
these days authorities are taking a harder line.
*****************************************************
Page 1 of 2
DIR Next Page