Author Topic: Harrow PCN - code 40 - Parked in designated disabled space without displaying valid badge  (Read 847 times)

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Hi all  :)


I received the original Penalty Charge Notice on 01/03/2024. (Photo of original PCN). It was a very dark and rainy night and I was visiting a friend. I have parked on this road many times and knew that the 'first' space (GSV Link) is a disabled space, and the spaces behind are all pay and display which is free from 18:30.

As you can see in the pictures that has been attached to my PCN, there is a lorry parked in front and they were there before me. Due to this I blindly assumed the space I was parking in was a Pay & Display as I couldn't see they were on the double yellows. As you can see in the PCN pictures, the wording on the ground has completely worn off, so I didn't realise it was the disabled space. Also, I didn't notice the sign, nor is it evident in the pictures taken that  my car is parked in front of this sign. (Photo 1)(Photo 2)

I appealed this PCN via the Harrow website on 16/03/2024 to which I received an automated email reply stating a reference number and that they aim to respond to my challenge within 8 weeks. In my appeal (which I forgot to screenshot to have evidence of), I basically stated that the wording is clearly worn away and and so I didn't realise it was a disabled space.

I heard nothing until the Notice to Owner letter dated 20/05/2024 (Photo 3). Following this I sent an appeal through the website again, stating that I had already appealed this and that they hadn't got back to me. As you can see in this picture (Photo 4),, this is what I wrote in my appeal. I knew that they had a time limit on when they had to respond by and it was well past that date, so in this appeal I had mentioned this as a reason to now cancel the PCN. I also included the original reference number for the first appeal I made. I received another automated email with another reference number, again saying I would receive a reply within 8 weeks.

The next correspondence I have was this letter (Photo 5). I received this afternoon with a 'Notice of Rejection of Representations' which I have also uploaded. They say they replied to me on 2/4/2024 and that they have enclosed a copy but they have not! I received no reply from them on or around this date. If they had replied, it would not have allowed me to appeal again via their website a second time. Now that they have actually responded to me, it doesn't let me appeal via their website as you can see here (Photo 6).

I would be very very grateful to receive some assistance with this. I didn't think I'd need to post sooner as I thought it would be nipped in the bud, but now that Harrow are lying about responding to my original appeal it has really annoyed me further. Also I think it was a little bit cheeky that an enforcement officer was giving out tickets after 2100 when all parking in this area is free from 1830. I think he may have been trying to fill a quota  ;D

Thank you all in advance and please let me know if there is more info you need :)


Please find all pictures and documents on my google drive using this link, along with more photos from the original PCN:

https://drive.google.com/drive/folders/1ZYG_kWcYqNIKkmVDF2x95hraMFX15vqg?usp=drive_link


GSV: https://maps.app.goo.gl/Kz42iwFJDc6XsU559
« Last Edit: June 21, 2024, 06:43:42 pm by zaijjj »

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The 56 days is from when they receive your formal representations to a Notice to Owner, so I think you're not there yet.

I misunderstood what was written on the London Tribunals website  :(

I'm unsure what to do next. Do you feel I have a chance to fight this due to the disabled space no longer being clearly marked on the ground? And the sign not being shown next to my car in the pictures?

@zaijjj possibly, but the key question is how could you have missed the sign? If you were driving it would have been right next to you when you parked the car.

Did you ever look for a sign, or did you just assume parking was free so you didn't need to?

Their evidence does not appear to stand up to scrutiny, but my concern in cases like this is what self-incriminating admissions you might have made in the representations. Do you have a copy of what you sent?
« Last Edit: June 23, 2024, 03:30:50 pm by cp8759 »
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

@zaijjj possibly, but the key question is how could you have missed the sign? If you were driving it would have been right next to you when you parked the car.

Did you ever look for a sign, or did you just assume parking was free so you didn't need to?

Their evidence does not appear to stand up to scrutiny, but my concern in cases like this is what self-incriminating admissions you might have made in the representations. Do you have a copy of what you sent?

@cp8759 Honestly I didn't look for a sign as I assumed I was parking in the free spaces, due to the lorry I parked behind. But I would have noticed the 'disabled' white writing if it was clearer as I do tend to look out for it due to there being a few on this road.

Unfortunately I don't have a copy of what I had written in my original representation, but I am sure all I had written was that I had not seen a sign or writing on the ground. And that the pictures the enforcement officer has taken does not show my car next to the sign. Just pictures of my car and the sign separately. I don't believe there was anything else I had included.

I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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