Author Topic: Islington Contravention Code 11 Parked without payment of the parking charge  (Read 2386 times)

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Hello everyone,

a bit of miscommunication with the missus meant that the car was left in a Pay & Display without payment. The enforcement hours are 9.30 to 16:30.

Observation time was 9:41 to 9:41. No observation in other words. I don't know if that's something I could base an appeal on?

I've post the front and back of the PCN below.

As always thank you all for your help!

P.s. I know I've left posting this very late, and there's only 6 days left until the 28 days is up. Sorry.

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Most cases we see in council car parks for non-payment is because the OP was in course of paying, usually by phone, and was not present by the car. It is accepted by all players in the decriminalised regime that time must be allowed to make payment after parking, or else nobody could ever park legally ! However in your case, no payment was ever made, and to be honest, unless you tell us more qabout why no payment was made, the discount looks your best option.

No payment was made because my wife drove the car off 5 minutes later. And also if a payment was to be made, we would have thought it mute, considering a PCN was already issued.

Usually the car gets moved to a permit bay, any on the same road.

But on this day I'd assumed my wife was going out, and she would leave before 9.30, and so I left it where it was and went to work.

She left later than she'd expected and got a PCN at 9.41.

So yes it was kind of our mistake. But I was seeing if theres anything I could say around the observation time. I was under the impression they are to give a little bit of time in observation.

Are there any technicalities that could be argued? I'm happy paying the higher amount after a tribunal.

But I'm wondering if I have case to take to tribunal to begin with.

Lack of observation is only useful to you if the CEO missed exempt activity, mainly loading and assisted alighting/boarding.

Are you a permit holder? I can only see an ask for discretion.



Yes, I am a permit holder.

If I ask for discretion, and it gets rejected, which seems highly likely with Islington nowadays. What grounds could I take it to tribunal on?

Either way I'd look to take it to tribunal.

Yes, I am a permit holder.

If I ask for discretion, and it gets rejected, which seems highly likely with Islington nowadays. What grounds could I take it to tribunal on?

Either way I'd look to take it to tribunal.
Adjudicators cannot accept appeals based on mitigation. This was decided in the High Court many years ago. This has always puzzled me because why have a statutory grounds of "the penalty exceeded the relevant amount in the circumstances of the case". There is nothing in the regulations that defines "circumstances".

I would try a grovel for discretion, enclosing proof of permit, saying it was an oversight on this one occasion not to move the car to a permit bay.

But why wasn't it in a permit bay?

I would try a grovel for discretion, enclosing proof of permit, saying it was an oversight on this one occasion not to move the car to a permit bay.

But why wasn't it in a permit bay?

All the permit bays were full. It doesn't help that Islington have a depot on this same road, and all their vans take up residents' bays, during ALL times of the day. My understanding is that they are to only use the Business bays. But miraculously, them parking in any bay is overlooked by the wardens, despite them telling me that they shouldn't be in them. Of course, I do not know how correct the wardens are. But it seems highly unfair for so many Islington vans to take up all the bays, in the one of the smallest permit zones in Islington.

Anyways, back to the matter at hand, usually if we can't find a bay we leave it anywhere else suitable, and I will move it in the morning before going to work.

This time I did not move it, because I knew my wife was going somewhere, and she was suppossed to leave at or before 9.30AM. Unfortunately, she left late, and she had assumed I'd already moved the car to a permit bay.

Why not raise a complaint to Islington about council vans blocking resident parking bays.

Why not raise a complaint to Islington about council vans blocking resident parking bays.

You're right, I really should. But I just feel like it won't go anywhere, like a lot of things with Islington.

I know that's not the right attitude.

I also don't know where to begin, or who to complain to.

IMO make reps online TODAY.

Given that you don't hold a strong hand substantively as regards adjudication(where mitigating factors such as the council's alleged misuse of bays and the misunderstanding between you and your wife cannot be considered), you'll need the council to cancel. IMO a complaint at this stage wouldn't warm them to your situation.

Why online today?

Because today is the last day of the 28-day period*. Reps made today must be considered. The other significant factor is that the council could serve a NTO as early as tomorrow and what you hope is that they've jumped the gun and already issued the NTO for delivery(service) tomorrow and because it's been issued they do not consider your reps. This would be a procedural impropriety and also fall under the '.....circumstances of the case' ground.

I would just set out what you've stated above:
We hold a permit(no. ******) and have done for *** years.
We usually park in the reserved or shared use bays, but at times have to park in payment bays when not in force and move before they are because reserved bays are full in the evening, often with council vehicles.
On the day in question there was a breakdown in communication between me and my wife as to who was going to move the car, something which we realised at *** just after the PCN was issued.

We have a clean PCN record, we're sorry, pl let us off.

*- you miscalculated this in your first post. 28 days begins on the date of service, not the next day.


Thank you.

I  submitted a challenge to the PCN earlier this morning.