Author Topic: PCN - Incorrect Parking Location (1 digit)  (Read 3007 times)

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Re: PCN - Incorrect Parking Location (1 digit)
« Reply #15 on: »
It will be interesting if the adjudicator finds they did not address your point about the statutory guidance.

Re: PCN - Incorrect Parking Location (1 digit)
« Reply #16 on: »
It will be interesting if the adjudicator finds they did not address your point about the statutory guidance.

Yep, got a date for adjudication 9th July,.

Hoping that the statuary guidance ground to go in my favour, as the sky news article also said that BPA (British Parking Association) say the same that on minor errors the tickets should be cancelled, although I assume thats more for private parking.

I just need to decide if I add the bit around my ticks or if it'll be seen as 'why am I adding it now'

Re: PCN - Incorrect Parking Location (1 digit)
« Reply #17 on: »
You can't rely on up something like that in the appeal as you've not given them a chance to consider it but it could add weight to adjudicator if you highlight the 7-digit code being more prone to mistakes.
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Re: PCN - Incorrect Parking Location (1 digit)
« Reply #18 on: »
Hi All,

So adjudication date in 3 days, the council have just sent across their response and its a damn thorough one, leaving little to no room for me to argue my case, as all my points I had used they've countered, so its a matter of jumping on the call, and just letting the adjudicator give a verdict it seems - Feel free to suggest anything I can or should bring up

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Re: PCN - Incorrect Parking Location (1 digit)
« Reply #19 on: »
I think you should go for failure to consider mitigation, bearing in mind that no parking charge was due, so their point about other car parks with different tariffs and conditions is false, and the decision does NOT comply with their public duty to act fairly and proportionately.

Asking for a substantial sum of money for what is not a contravention, i.e. how can one fail to pay a non-existent charge, is just rapacity and venality.
« Last Edit: Today at 12:56:03 am by Incandescent »

Re: PCN - Incorrect Parking Location (1 digit)
« Reply #20 on: »
Case reference   2250684736
Appellant   xxxxxx
Authority   London Borough of Hammersmith and Fulham
VRM   LL74KVV
   
PCN Details
PCN   HZ78920571
Contravention date   28 Jul 2025
Contravention time   20:01:00
Contravention location   HOPGOOD STREET
Penalty amount   GBP 160.00
Contravention   Parked in permit space without a valid permit
   
Referral date   -
   
Decision Date   18 Jun 2026
Adjudicator   Lola Moses
Appeal decision   Appeal allowed
Direction   cancel the Penalty Charge Notice and the Notice to Owner.
Reasons   Introduction
1. This appeal concerns a Penalty Charge Notice issued for parking in an electric vehicle charging bay during permit-holder only hours. The appeal was listed for a personal hearing via Microsoft Teams on 18 June 2026 at 11:30. By 11:40 there was no attendance and no communication from the Appellant. I am satisfied that proper notice of the date, time and method of the hearing was given. The Notice of Hearing explained that, in the event of non-attendance, the appeal may proceed in the Appellant’s absence. In the circumstances, I proceeded to determine the appeal in the Appellant’s absence on the basis of the evidence before me.
Enforcement Authority’s Evidence
2. The Enforcement Authority’s evidence checklist and covering letter record that its evidence was sent to the Appellant on 15 June 2026. The covering letter states that the evidence was enclosed.
Findings and Conclusion
3. Practice Direction No. 2 of 2025 required the evidence to reach the Appellant no later than five days before the hearing. Evidence posted on 15 June 2026 could not have complied with that requirement. There is no explanation for the delay and no application to extend time or adjourn.
4. The Appellant’s absence does not establish that the evidence was received in sufficient time, that he had an adequate opportunity to consider it, or that he agreed to waive the late service. Given the timing and extent of the evidence, I find that admitting it would not provide the Appellant with a fair hearing. I therefore decline to admit the Enforcement Authority’s evidence.
5. The burden rests upon the Enforcement Authority to prove the contravention. Without its evidence, it has not discharged that burden.
Decision
6. The appeal is allowed.

Re: PCN - Incorrect Parking Location (1 digit)
« Reply #21 on: »
Ah yes, evidence submitted late. I had thought it was 3 days, but no, it is 5 days so the case should be won on this alone, but make sure the adjudicator is reminded of this Practice Direction !