URI:
   DIR Return Create A Forum - Home
       ---------------------------------------------------------
       FreeTrafficLegalAdvice
  HTML https://ftla.createaforum.com
       ---------------------------------------------------------
       *****************************************************
   DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
       *****************************************************
       #Post#: 104131--------------------------------------------------
       Re: Birmingham Contravention 02 .pcn issued  15 seconds before
       it ended 
   DIR By: user786
       Date: December 30, 2025, 6:01 pm
       ---------------------------------------------------------
       which grounds does will i need to appeal to traffic tribunal  ?
       is it  ground 6 there has been a procedural impropriety?
       (Failure to follow policy: The enforcement authority did not
       adhere to its own published policies or the Secretary of State's
       statutory guidance)
       #Post#: 104158--------------------------------------------------
       Re: Birmingham Contravention 02 .pcn issued  15 seconds before
       it ended 
   DIR By: stamfordman
       Date: December 31, 2025, 6:16 am
       ---------------------------------------------------------
       What time did you park
       What did you do after parking
       Did you see the CEO
       #Post#: 104207--------------------------------------------------
       Re: Birmingham Contravention 02 .pcn issued  15 seconds before
       it ended 
   DIR By: user786
       Date: December 31, 2025, 4:25 pm
       ---------------------------------------------------------
       would have been just before 9.15 , walked to sign , saw it said
       9.15 so crossed over to shop
       #Post#: 104218--------------------------------------------------
       Re: Birmingham Contravention 02 .pcn issued  15 seconds before
       it ended 
   DIR By: stamfordman
       Date: January 1, 2026, 6:13 am
       ---------------------------------------------------------
       So did you check the time on car clock or watch/phone when you
       parked before also checking sign?
       Or did you go to sign and check time then? And with what?
       #Post#: 104268--------------------------------------------------
       Re: Birmingham Contravention 02 .pcn issued  15 seconds before
       it ended 
   DIR By: user786
       Date: January 2, 2026, 3:51 am
       ---------------------------------------------------------
       --- Quote from: stamfordman link ---
       >
       > So did you check the time on car clock or watch/phone when you
       parked before also checking sign?
       >
       > Or did you go to sign and check time then? And with what?
       >
       --- End Quote ---
       on my phone was 9.15 . so didnt expect a problem and carried on
       . when got back and saw ticket was confused , when i checked the
       council evidence later that day , saw the officer had taken the
       1st pic 15 seconds prior to restriction ending , half the
       pictures were taken after 9.15 when i was legal . its the
       extreme short time that annoyed me, and i found unfair .
       #Post#: 104305--------------------------------------------------
       Re: Birmingham Contravention 02 .pcn issued  15 seconds before
       it ended 
   DIR By: stamfordman
       Date: January 2, 2026, 7:55 am
       ---------------------------------------------------------
       You made this far too complicated.
       If it was as simple as you parked, got out and checked sign and
       phone and both said 9:15 that's all there is. You are entitled
       to check the parking sign.
       If so I would go on to NTO stage.
       #Post#: 104338--------------------------------------------------
       Re: Birmingham Contravention 02 .pcn issued  15 seconds before
       it ended 
   DIR By: user786
       Date: January 2, 2026, 12:52 pm
       ---------------------------------------------------------
       yep i agree , i assumed i was allowed to check the sign , But
       the council disagree and are  Saying 02 contraventions allow 0
       seconds grace .  and no grounds to drop the ticket .
       they have sent a second letter also which i attach
  HTML https://postimg.cc/gallery/WtN2c1D
  HTML https://postimg.cc/gallery/WtN2c1D
       Lets see how fair the tribunal people are , worse case im extra
       £35 quid out of pocket .
       #Post#: 104344--------------------------------------------------
       Re: Birmingham Contravention 02 .pcn issued  15 seconds before
       it ended 
   DIR By: stamfordman
       Date: January 2, 2026, 1:41 pm
       ---------------------------------------------------------
       The next stage is an NTO, not tribunal.
       Why did you contact them again and what did you say?
       Is your logbook up to date?
       The most you can pay is £70 if you lose at the tribunal.
       #Post#: 104447--------------------------------------------------
       Re: Birmingham Contravention 02 .pcn issued  15 seconds before
       it ended 
   DIR By: user786
       Date: January 3, 2026, 5:23 pm
       ---------------------------------------------------------
       --- Quote from: stamfordman link ---
       >
       > The next stage is an NTO, not tribunal.
       >
       > Why did you contact them again and what did you say?
       >
       > Is your logbook up to date?
       >
       > The most you can pay is £70 if you lose at the tribunal.
       >
       --- End Quote ---
       i sent the following
       Dear Miss Nurun Begum,
       I am writing in response to your recent email regarding Penalty
       Charge Notice BM4454
       I am dissatisfied with the response, as it appears to be a
       generic, template-based rejection and does not engage with the
       specific points I raised in my original representations. In
       particular:
       I had not parked; I had momentarily stopped to check the signage
       safely on a busy road.
       The timing of the alleged contravention was 09:14:45, just 15
       seconds before the restriction ended at 09:15.
       The Civil Enforcement Officer provided seven photographs, three
       of which were taken after 09:15, when parking was legally
       permitted. This raises questions as to whether the officer was
       aware of the correct restriction timings.
       The CEO’s photograph of the sign is unclear and difficult to
       read, requiring digital zoom. In contrast, the photograph I
       submitted clearly shows that parking is permitted after 09:15,
       demonstrating that the council’s evidence is not reliable.
       I also submitted two photographs taken while standing outside my
       vehicle to show that the signs cannot be easily read from a
       distance, particularly if a vehicle is not parked directly in
       front of them. This demonstrates that it is reasonable to allow
       a brief period for the driver to examine the signs, and that
       issuing a PCN seconds before the restriction ends, while the
       driver is checking, is premature and unfair.
       The two restriction signs are not legible from the driver’s
       seat, requiring a momentary stop to confirm the restriction,
       which I carried out safely.
       The council failed to properly exercise discretion, contrary to
       Birmingham City Council’s Civil Parking Enforcement Guidelines
       (including MC25).
       The informal response does not address these substantive points
       and instead relies on generic statements about signage approval,
       zero-time contraventions, and the general responsibility of
       motorists.
       I respectfully request that my representations be properly
       considered, taking into account the evidence and circumstances I
       have provided. If the council maintains that there are no
       grounds to cancel the PCN, I will have no alternative but to
       escalate this matter to the Traffic Penalty Tribunal for
       independent adjudication.
       yeh logbook is ok
       #Post#: 104477--------------------------------------------------
       Re: Birmingham Contravention 02 .pcn issued  15 seconds before
       it ended 
   DIR By: stamfordman
       Date: January 4, 2026, 5:08 am
       ---------------------------------------------------------
       I would wait for the NTO.
       I see you referred to Birmingham's policy doc - in London there
       is guidance not to ticket within two mins of a restriction
       ending or beginning, so indeed it is reasonable to hold them to
       some 'grace' at this minute before, although no observation is
       needed otherwise.
       *****************************************************
       Page 2 of 3
   DIR Previous Page
   DIR Next Page