Hi,


So i just got a Penalty Charge Notice but it's not signed by the warden. Is it still valid?

Thanks,
M

Yep signatures not mandatory

Ok thanks!

There is a fatal flaw in the PCN which makes it invalid. Regulation 3(2)(b) of The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 provides that a PCN must state

"if representations against the penalty charge are received at such address as may be specified for the purpose before a notice to owner is served—
(i)those representations will be considered;
(ii)but that, if a notice to owner is served notwithstanding those representations, representations against the penalty charge must be made in the form and manner and at the time specified in the notice to owner."

There is no requirement for the regulation to be quoted verbatim, but the same meaning must be conveyed. I can see nothing on the PCN which states that, if a NtO is served even though informal representations have been made, representations must be made in the form and manner specified in the NtO. This is a procedural impropriety which makes the PCN unenforceable. I would appeal on this ground.

Wouldn't mind seeing where you were parked and what signs and lines were there before you challenge.
Got a link on streetview ?

Ok !! Thank you!

As DaningDad has said, it might be worth you posting the location so we can check for other grounds of appeal. The council is 99% certain to refuse the appeal on a procedural impropriety, as they would have to admit that all their PCNs are invalid. This means that, unless further grounds of appeal are found, you will need to appeal this to the Traffic Penalty Tribunal to get the PCN cancelled (Although I am confident you would win at the tribunal).

Yes of course... Well I was parked on a single yellow, outside the shop I was collecting from.. They have told me (since my first post) I can only collect bulky or heavy items to warrant parking on a single yellow (within the restricted hours) outside a shop.

Anyway, here with the street view. I was parked right outside the artshop.

https://www.google.co.uk/maps/@51.1334246,0...3312!8i6656

If that didn't work this is the shop and address M Saltmarsh (artshop) , 39 Monson Rd, Royal Tunbridge Wells, England

Thanks again for your help

Well, what were you collecting ? Were the goods prepaid or were you just shopping. Appealing based on the loading exemption usually ends up at the adjudicators. Much depends on the nature of the goods being loaded, it is not necessarily just confined to "bulky or heavy items"