Free Traffic Legal Advice

Evening All

On the 27/03/25 I realised I had received 2 PCNs (issued 25/03 and 26/0) for parking in a residents bay without a permit. My residents permit had expired on the 17/03/25, not that I had realised.

Merton has changed parking systems twice in recent years and no reminder emails were sent (I checked, throughly) and the new system started in November 2024, so I suspect my residents permit wasn’t properly registered and so no reminder emails.

Being clearly in the wrong I appealed on the 27/03/25 under the misguided belief that Merton would be sympathetic to their own residents. There were no obvious issues with the original PCN and I clearly thought I knew better than asking for advice.

Today, 28/05/25 I finally got a response telling me it was my own fault and that they did send reminders (they didn’t). They want me to pay both PCNs. No sympathy for Merton residents.

Is there are any scope for taking this further, or do I need to suck it up. At the very least I will request the data they hold on me and the reminders that weren't received, but if I ever receive anything that would be outside of any reasonable timeframe. And even then that would not be grounds for them cancelling the PCNs. I know the answer, but wonder if there is any scope for formal appeal and getting one of the two cancelled at least?

Original PCNs https://imgur.com/a/1fjAdQq

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Good call on the paying one… seems like the best option.

Then wait for the Notice to Owner? And formal appeal on the second?

Case in point at tribunal yesterday.

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Case Details
Case reference   2250139320
Appellant   xxxxx
Authority   London Borough of Islington
VRM   FY12OBT
PCN Details
PCN   IZ33335996
Contravention date   04 Dec 2024
Contravention time   14:44:00
Contravention location   Dove Road
Penalty amount   GBP 130.00
Contravention   Parked resident/shared use without a valid permit
Referral date   -
Decision Date   28 May 2025
Adjudicator   Anju Kaler
Appeal decision   Appeal allowed
Direction   
cancel the Penalty Charge Notice.

Reasons   
This appeal was conducted over the videolink. I spoke to the Appellant. The Enforcement Authority relied on the evidence submitted in advance.

The agreed facts are that the vehicle was at the stated location and a Penalty Charge Notice was issued; the Appellant says, and I accept, that he did not receive the Penalty Charge Notice. That however does not invalidate the charge.

The vehicle was parked in a permit bay and the Appellant’s permit expired on 28 November 2024, 6 days before this Penalty Charge Notice was issued, citing Code 12. Code 19 attracts a lesser penalty.

The Civil Enforcement Handbook says this for Code 19:

“The contravention occurs when a vehicle waits in a residents’ or shared use parking place or zone displaying an invalid permit voucher or pay and display ticket that would have been valid for that parking scheme at some time or after the expiry of paid for time”.

The Civil Enforcement Handbook says this for codes 12 and 19:

“If a previously valid permit has expired then code 19 should be issued”.

The Penalty Charge Notice was issued citing a wrong code and it is for this reason that I allow the appeal.

I note that the Appellant has paid several PCNs for this contravention; the Authority may wish to consider issuing a refund for some or all of the payments he has made.

I agree adjudicators are making a hash of lots of things.

But London councils do sign up to London Councils guidance.