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.