10 PCNs.
4 cancelled, apparently for being issued within 24 hours of prior PCN.
But there aren't 4 that I can see!
1 Oct.... :8.46
2 Oct 10.44
3 Oct 8.44
4 Oct 13.05
7 "" 9.03
8 "" 8.53
9 "" 8.33
10"" 9.26
11"" 12.30
14"" 9.24
I make it the 3rd and 10th only. You posted 2nd, 4th 10th?
Anyway:
For what remains, IMO:
Penalty exceeded the amount applicable....circumstances of the case.
Permit expired 30 Sept.
All PCNs issued within a 14-day period of expiry i.e. no later that 14th Oct.
Council's evidence shows that car was in same situation when each PCN was issued and you assert that it had been stationary since 30 Sept.
There are 3 distinct circumstances which mean that all extant PCNs must be cancelled:
1. Continuous contravention
Only a single penalty could be demanded by virtue of the vehicle being continuously in contravention, this being PCN ***** issued on 1 Oct. All others are being demanded for a contravention which has already been penalised.
2. Unlawful penalty charge
All penalty charges are excessive. The authority's power to demand a penalty arises solely pursuant to London Councils published schedule authorised by the Mayor of London. However, this same schedule mandates the lower level penalty when 'Parked in a residents' or shared use parking place or zone with an invalid virtual permit or displaying an invalid physical permit or voucher or pay and display ticket, or after the expiry of paid for time' commonly referred to as 'code 19'.
That the previous permit expired on 30 Sept. is a matter of record, therefore the authority's only defence against these grounds is that in their opinion and in each case the term 'invalid permit' does not apply. Given that the use of code 19 is mandated by the Mayor of London and prima facie applies to each PCN then it is the authority's burden to explain by reference to council policies why they have disregarded the mandated penalty level in these cases.
3. Cumulative penalties are excessive and unlawful
The Secretary of State's Statutory Guidance makes clear that in situations such as this case the authority should remove the vehicle and not issue PCNs ad infinitum. Whether the vehicle was in contravention or not is not the issue as regards these grounds(and I should be grateful if the authority's response would not labour this point), it is whether the authority acted fairly and lawfully in demanding penalties for each restricted day and not removing the vehicle at the earliest opportunity.
Some thoughts, OP.
