13d • SUBSTANTIATION REQUESTS
PCN
After pcn placed on vehicle in Sainsbury’s Car Park run by a council.
FORMAL REPRESENTATIONS
Traffic Management Act 2004
Notice to Owner No.: GI££££££££
Vehicle Registration: C*** ***
Dear Sir or Madam,
I make these formal representations pursuant to the Traffic Management Act 2004 and the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (Wales) Regulations 2013.
Whilst it is accepted that no pay and display ticket was purchased, that fact alone does not discharge the Enforcement Authority from its statutory duty to properly consider all of the circumstances before deciding whether enforcement should continue. I respectfully submit that the Authority has failed to demonstrate that such consideration has been given and should now exercise its statutory discretion to cancel the Penalty Charge Notice.
Background
On 2 June 2026 the vehicle was being driven by a lady who was in the advanced stages of pregnancy. This fact was disclosed during the initial challenge and has never been disputed.
The driver entered Ma**** Stre** Car Park for the purpose of shopping at the adjoining Sainsbury’s store. She genuinely believed that customers of the supermarket were entitled to park upon production of a shopping receipt and that no separate pay and display ticket was therefore required.
That belief was honestly and reasonably held. It was not an attempt to evade payment, nor was there any intention to obtain an advantage over other motorists. The circumstances arose from an honest misunderstanding concerning the operation of the car park and its apparent association with the adjoining retail premises.
The driver’s advanced pregnancy is not advanced as a plea for sympathy but as a material circumstance affecting her observations, concentration upon the safe operation of the vehicle and appreciation of the parking arrangements. It was plainly capable of being relevant to the exercise of discretion and therefore required genuine consideration.
Legitimate Expectation
Whilst no legal entitlement is asserted, the physical relationship between the car park and the adjoining supermarket was capable of giving rise to an honest and reasonable expectation that the parking arrangements formed part of the shopping facilities provided for customers. The issue is not whether that expectation ultimately proves to have been correct, but whether it was genuinely and reasonably held in the circumstances. This was a material factor which ought properly to have been considered when deciding whether enforcement should continue.
The Authority’s Duty to Consider Representations
My earlier challenge explained these circumstances in detail. The response received failed to engage with the substance of those representations and instead rejected them without explaining why discretion should not be exercised.
The Enforcement Authority is under a statutory duty not merely to receive representations but to consider them fairly, individually, conscientiously and with an open mind. The exercise of discretion must be genuine rather than illusory, and the decision-maker must demonstrate that the particular facts of the case have been evaluated rather than rejected by the application of a predetermined policy.
Failure to genuinely consider relevant circumstances may amount to a procedural impropriety.
Adequacy of the Signage
I further invite the Authority to consider whether the signage at Ma**** Stre** Car Park adequately informs motorists, particularly those entering for the purpose of using the adjoining supermarket, that payment remains mandatory.
Drivers must necessarily devote their attention to the safe operation of their vehicles whilst entering and manoeuvring within a busy public car park. Signs requiring detailed reading whilst driving cannot reasonably be regarded as an adequate substitute for clear, prominent and unmistakable information presented before parking.
Where restrictions depend upon motorists reading detailed contractual information after entering a car park, the Authority must satisfy itself that those terms were brought to the driver’s attention in a sufficiently clear and prominent manner before liability can properly arise.
If the Authority maintains that the signage was adequate, it is incumbent upon it to produce evidence demonstrating that the restriction was clearly communicated and capable of being understood by a reasonably diligent motorist.
Accordingly, I request disclosure of:
·every photograph relied upon by the Civil Enforcement Officer;
·the Civil Enforcement Officer’s contemporaneous notebook entries;
·the Civil Enforcement Officer’s handheld device records;
·the observation times recorded by the Civil Enforcement Officer;
·the relevant Parking Places Order governing Ma**** Stre** Car Park, including any schedules;
·a site plan identifying the position of every sign relied upon; and
·photographs demonstrating the wording, prominence, condition and visibility of those signs as they appeared on 2 June 2026.
Exercise of Discretion
The legislation expressly preserves the Authority’s discretion to cancel a Penalty Charge Notice notwithstanding that a contravention may technically have occurred.
That discretion must be exercised in every individual case and must not be fettered by any rigid policy or predetermined approach.
This case concerns an honest misunderstanding by a driver in the advanced stages of pregnancy undertaking an ordinary shopping visit. There was no dishonesty, concealment or deliberate avoidance of payment.
The purpose of civil parking enforcement is to secure compliance with parking regulations, not to penalise motorists who have made an understandable mistake in exceptional circumstances where the Authority retains a discretion to act fairly and proportionately.
I therefore respectfully invite the Authority to exercise that discretion by cancelling this Penalty Charge Notice.
Request for Evidence
Should the Authority be minded to reject these representations, I require that the Notice of Rejection specifically addresses every issue raised herein and is accompanied by copies of:
·all photographs taken by the Civil Enforcement Officer;
·the Civil Enforcement Officer’s contemporaneous notes;
·the Civil Enforcement Officer’s handheld device records;
·the complete case history;
·the applicable Parking Places Order, including any schedules;
·evidence of the signage relied upon; and
·any inspection or maintenance records relating to that signage upon which the Authority intends to rely.
Failure to properly consider these representations or to address the matters raised may amount to a procedural impropriety and will be relied upon in any appeal before the Traffic Penalty Tribunal.
I trust that upon reconsideration the Authority will conclude that cancellation of this Penalty Charge Notice represents the fair, reasonable and proportionate outcome.
Suspension of Enforcement
Pending determination of these formal representations, I respectfully request written confirmation that no further enforcement action will be taken in respect of this Penalty Charge Notice, including the issue of a Charge Certificate or any escalation of the penalty, until:
1.these formal representations have been fully and properly determined;
2.any Notice of Rejection has been served (if applicable);
3.the statutory period for lodging an appeal to the Traffic Penalty Tribunal has expired; and
4.where an appeal is lodged, the Tribunal has finally determined the matter.
To pursue enforcement before completion of the statutory representations and appeal process would be premature, contrary to the principles of procedural fairness and inconsistent with the scheme established by the Traffic Management Act 2004.
I further request written confirmation that the penalty charge will remain at its present amount and will not be increased whilst these representations, and any subsequent appeal, remain outstanding and are being determined in accordance with the statutory process.
Reservation of Rights
Nothing contained within these representations shall be construed as an admission of liability or as acceptance that the alleged contravention has been lawfully established. These representations are made without prejudice to any further grounds of appeal that may arise upon disclosure of additional evidence or documentation.
I expressly reserve all rights available to me under the Traffic Management Act 2004, the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (Wales) Regulations 2013, the common law, and any other applicable enactment. I further reserve the right to amend, supplement or expand these representations should further evidence or disclosure become available.
Yours faithfully,
Mr. Real Representation
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