3. Help needed - incorrect contravention code and observation times on PCN
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Help needed - incorrect contravention code and observation times on PCN
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Hi Everyone

I am hoping someone can help me with this representation. I have tried my best to include all the information with copies of relevant documents attached. I have omitted personal details.

I parked in a disabled bay in a council off street car park in front of my pharmacy to pick something up. I put my disabled badge on the dashboard before I got out the car. When I came back there was a council issued ticket on my car. I looked at my dashboard and the badge was not there. I opened the passenger door and the badge had slid off on to the floor. My bad luck. This happened at 08:39 on 10/03/2024.

However, under closer inspection, I noticed that the details on the ticket had a couple of incorrect details (copy of ticket attached).

Firstly, the 'observation start time' and 'time of contravention' were both the same time 08:39. I found this odd almost as if the officer must have rushed to immediately put the ticket on my car when I went into the pharmacy with no observation period time.

Secondly, I looked up the contravention code: 40 on the councils parking policy document on their website (copy of councils policy contravention codes attached). The contravention code: 40 gave the following description: 'parked in a designated disabled persons parking place without clearly displaying a valid disabled person's badge - Contravention type: ON STREET Observation time: 2 MINUTES.

Having read the other contraventions codes on the councils policy document, it appears that contravention code: 40 was the incorrect code. The contravention code 87 states 'parked in a designated disabled persons parking place without clearly displaying a valid disabled person's badge - Contravention type: OFF STREET CAR PARKS Observation time: 2 MINUTES.
I'm not sure if it made any difference, but when I appealed the ticket, I attached a picture of my disabled badge and medical letters and explained what happened. I also attached the councils parking policy document and informed them that the contravention code was not valid as the car was parked in an 'off street car park' (wardens photos clearly show this). I also informed them that no observation time was carried out despite the parking policy stating 2 minutes.

Needless to say, they rejected my appeal (Notice of Rejection attached). They state it was 'parked in a prescribed manner in Church Street' as opposed to 'Church Street Car Park'. They did not respond to my points of the incorrect convention code or that no 2 minute observation time was carried out by the warden. All they said was no valid disabled badge was displayed and that they have no justification to cancel the PCN.

So here I am on a Thursday evening trying my best to find some sort of saving grace. I have just received the Notice to Owner and I'm not sure how to proceed. I was hoping someone on this forum would read this and be able to offer some helpful advice.

I am thinking of making a representation, but I really don't know what grounds I should focus on. They give 8 different grounds for representation on the notice to owner, but I am not sure which one would (if any) apply to my case. I have selected the three that may have some sort of relevance:

1) The alleged contravention did not occur - on the basis that the wrong contravention code was on the ticket.
2) The traffic order is invalid - I have googled this but I do not know what this means and if it is applicable to my case?
3) There has been a procedural impropriety on the part of the enforcement authority - on the basis that the wrong code was issued and that no observation time was adhered.

It may be that none of the grounds would apply to my case, but since I have already missed the discounted penalty rate, I might as well see how far I can take it.

In any event, I hope my situation can help others who might have had issues with their blue badge slipping off and incorrect contravention codes or observation times on their ticket

All thoughts are much appreciated. Please let me know if you need any more information.

Thanks for taking the time to read. I look forward to hearing your thoughts.


Copies of documents:

https://ibb.co/YPKL8Zj (contravention codes on councils parking policy document)

https://ibb.co/kmmVFLW (ticket pcn)

https://ibb.co/8BrxTrw (notice of rejection)
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Re: Help needed - incorrect contravention code and observation times on PCN
« Reply #1 on: »
Reinstate the details that you've obscured from images --- and why did you?
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Re: Help needed - incorrect contravention code and observation times on PCN
« Reply #2 on: »
Hi,

Thank you for your reply.

Please can you let me know what additional information you require?

Thank you
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Re: Help needed - incorrect contravention code and observation times on PCN
« Reply #3 on: »
Quote from: onlyhuman on May 17, 2024, 12:54:10 pm
Hi,

Thank you for your reply.

Please can you let me know what additional information you require?

Thank you
You've even managed to redact the Council. We don't even know where this happened.
Since this is a Council Penalty Charge then please follow the instructions in the Read This First sticky post at the top of the forum if you want meaningful help.

So there is no need to redact anything at all from the PCN. Especially not the PCN number, the vehicle reg, any times and dates and any Council info of any description.

On the rejection letter it is only necessary to redact your own name and your address. Please leave everything else visible.

I suggest you repost both documents in accordance with the forum instructions.
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Re: Help needed - incorrect contravention code and observation times on PCN
« Reply #4 on: »
Hi, thank you for letting me know. I have since read the posting notes.

TBH, I omitted my personal details, the pcn, car reg and council details as I was worried that if it was publicly available, I could somehow become the target of some sort cyber fraud or the said council could somehow use the information against me when I try to make a representation. In retrospect, this was probably a little over cautious.

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Re: Help needed - incorrect contravention code and observation times on PCN
« Reply #5 on: »
Quote from: onlyhuman on May 17, 2024, 02:46:07 pm
Hi, thank you for letting me know. I have since read the posting notes.

TBH, I omitted my personal details, the pcn, car reg and council details as I was worried that if it was publicly available, I could somehow become the target of some sort cyber fraud or the said council could somehow use the information against me when I try to make a representation. In retrospect, this was probably a little over cautious.
Your vrm is on the front and rear of the vehicle and hence on display to all and sundry 24/7.
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Re: Help needed - incorrect contravention code and observation times on PCN
« Reply #6 on: »
Quote from: onlyhuman on May 17, 2024, 02:46:07 pm
TBH, I omitted my personal details, the pcn, car reg and council details as I was worried that if it was publicly available, I could somehow become the target of some sort cyber fraud or the said council could somehow use the information against me when I try to make a representation. In retrospect, this was probably a little over cautious.
@onlyhuman please see the guidance here. The truth of the matter is that while this information should be hidden in private parking cases, for council cases you're only hurting yourself by impeding our ability to help you.

If you go to the tribunal your VRM and number plate will be published anyway in the tribunal register at https://londontribunals.org.uk/ but if that only happens after you've lost, it'll be far too late for us to help you.

I therefore suggest that you post up the PCN without any redactions so that we can draft formal representations ahead of time so that when you get the notice to owner, you have the representations ready to go.
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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
Re: Help needed - incorrect contravention code and observation times on PCN
« Reply #7 on: »
Dear cp8759

Thank you for your reply - I have re-attached the PCN and NTK with only my name and address removed.

It was a PCN from Newham Council in London.

The contravention code was 40. 'Parked in designated disabled person parking place without displaying a valid disabled persons parking badge in the prescribed manner.'

I had placed my blue badge on the dashboard but it had slipped off on to the floor. When I appealed I explained this and attached a copy of my badge. Newham council ignored this and rejected my appeal.

I also explained that the PCN stated contravention 40, which is for 'on street' parking however my vehicle was clearly parked in an 'off street car park' as can be seen on the enforcement officers photographs. They did not respond to this either.

Google maps link to car park where car was parked and received PCN:

Church Street Car Park E15 3HX
https://maps.app.goo.gl/HUC395B5xU73Bm459

Copy of Newham PCN:
https://ibb.co/gZgnGJT

Front and back of Newham NTK:
https://ibb.co/6sr35tr
https://ibb.co/3SV29L0

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Newham Council PCN - Parked in Disabled Bay - Please help
« Reply #8 on: »
Hi Everyone

I have posted before but did not upload the correct information to assist with this case. So I am reposting with the correct documents as requested.

I am hoping someone can help me with this representation. I have tried my best to include all the information with copies of relevant documents attached. I have omitted personal details.

I parked in a disabled bay in a Newham Council off street car park in front of my pharmacy to pick something up. I put my disabled badge on the dashboard before I got out the car. When I came back there was a council issued ticket on my car. I looked at my dashboard and the badge was not there. I opened the passenger door and the badge had slid off on to the floor. My bad luck. This happened at 08:39 on 10/03/2024.

However, under closer inspection, I noticed that the details on the ticket had a couple of incorrect details (copy of ticket attached).

Firstly, the 'observation start time' and 'time of contravention' were both the same time 08:39. I found this odd almost as if the officer must have rushed to immediately put the ticket on my car when I went into the pharmacy with no observation period time.

Secondly, I looked up the contravention code: 40 on the councils parking policy document on their website (copy of councils policy contravention codes attached). The contravention code: 40 gave the following description: 'parked in a designated disabled persons parking place without clearly displaying a valid disabled person's badge - Contravention type: ON STREET Observation time: 2 MINUTES.

Having read the other contraventions codes on the councils policy document, it appears that contravention code: 40 was the incorrect code. The contravention code 87 states 'parked in a designated disabled persons parking place without clearly displaying a valid disabled person's badge - Contravention type: OFF STREET CAR PARKS Observation time: 2 MINUTES.


I'm not sure if it made any difference, but when I appealed the ticket, I attached a picture of my disabled badge and medical letters and explained what happened. I also attached the councils parking policy document and informed them that the contravention code was not valid as the car was parked in an 'off street car park' (wardens photos clearly show this). I also informed them that no observation time was carried out despite the parking policy stating 2 minutes.

Needless to say, they rejected my appeal (Notice of Rejection attached). They state it was 'parked in a prescribed manner in Church Street' as opposed to 'Church Street Car Park'. They did not respond to my points of the incorrect convention code or that no 2 minute observation time was carried out by the warden. All they said was no valid disabled badge was displayed and that they have no justification to cancel the PCN.

I am thinking of making a representation, but I really don't know what grounds I should focus on. They give 8 different grounds for representation on the notice to owner, but I am not sure which one would (if any) apply to my case. I have selected the three that may have some sort of relevance:

1) The alleged contravention did not occur - on the basis that the wrong contravention code was on the ticket.
2) The traffic order is invalid - I have googled this but I do not know what this means and if it is applicable to my case?
3) There has been a procedural impropriety on the part of the enforcement authority - on the basis that the wrong code was issued and that no observation time was adhered.

It may be that none of the grounds would apply to my case, but since I have already missed the discounted penalty rate, I might as well see how far I can take it.

In any event, I hope my situation can help others who might have had issues with their blue badge slipping off and incorrect contravention codes or observation times on their ticket

All thoughts are much appreciated. Please let me know if you need any more information.

Thanks for taking the time to read. I look forward to hearing your thoughts.


Copies of documents:

https://ibb.co/YPKL8Zj (contravention codes on councils parking policy document)

https://ibb.co/gZgnGJT (Newham Council pcn)

https://ibb.co/JykfFBT (Notice of rejection page 1)
https://ibb.co/mHQpp0X (Notice of rejection page 2)
https://ibb.co/TWhxkjX (Notice of rejection page 3)

https://ibb.co/6sr35tr (NTK front)
https://ibb.co/3SV29L0 (NTK back)
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Re: Help needed - incorrect contravention code and observation times on PCN
« Reply #9 on: »
@onlyhuman please do not start multiple threads for the same case, I have merged your new thread into this one so we can keep everything in the same place.
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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
Re: Help needed - incorrect contravention code and observation times on PCN
« Reply #10 on: »
Thank you @cp8759
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Re: Help needed - incorrect contravention code and observation times on PCN
« Reply #11 on: »
Their letter of rejection is the usual Fob-Off letter that councils send out in response to all informal challenges against a PCN.  However it contains one complete lie.  They state that because the contravention occurred, they cannot cancel the PCN. This is just complete tosh, and seriously midleading and prejudicial; councils can cancel a PCN at any stage of the enforcement program. Indeed the Statutory Guidance on Parking 2022 is quite clear on council duties on receipt of representations: -

It is in the interests of the authority and the vehicle owner to resolve any dispute at the earliest possible stage. Authorities should take account of the CEO’s actions in issuing the penalty charge but should always give challenges and representations a fresh and impartial consideration.

An authority has a discretionary power to cancel a PCN at any point throughout the process. It can do this even when an undoubted contravention has occurred if the authority deems it to be appropriate in the circumstances of the case.

Under general principles of public law, authorities have a duty to act fairly and proportionately and are encouraged to exercise discretion sensibly and reasonably and with due regard to the public interest. Failure to act in accordance with the general principles of public law may lead to a claim for a decision to be judicially reviewed.

Quote
Enforcement authorities have a duty not to fetter their discretion, so should ensure that PNCs, NtOs, leaflets and any other advice they give do not mislead the public about what they may consider in the way of representations.

They should approach the exercise of discretion objectively and without regard to any financial interest in the penalty or decisions that may have been taken at an earlier stage in proceedings.

Authorities should formulate (with advice from their legal department) and then publish their policies on the exercise of discretion. They should apply these policies flexibly and judge each case on its merits. An enforcement authority should be ready to depart from its policies if the particular circumstances of the case warrant it.

The process of considering challenges, representations and defence of appeals is a legal process that requires officers dealing with these aspects to be trained in the relevant legislation and how to apply it. They should be well versed in the collection, interpretation and consideration of the evidence, writing clear but concise case-specific responses to challenges, enquiries and representations, presenting the authority’s case to adjudicators.

Authorities should ensure that their legal departments are involved in establishing a processing system that meets all the requirements of the law. They should also consult them about complex cases.

https://www.gov.uk/government/publications/civil-enforcement-of-parking-contraventions/guidance-for-local-authorities-on-enforcing-parking-restrictions#considering-challenges-representations-and-appeals

As you now have the Notice to Owner, it is a complete No Brainer to submit representation against it and to take them to London Tribunals if necessary.
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Re: Help needed - incorrect contravention code and observation times on PCN
« Reply #12 on: »
Thank you @Incandescent

I will certainly make a representation - based on the information provided, what do you feel is the strongest grounds to get the PCN cancelled?

Many thanks in advance
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Re: Help needed - incorrect contravention code and observation times on PCN
« Reply #13 on: »
They have committed what is called "fettered discretion" when considering your representations, by stating that because an offence was seen by the CEO, they have no powers to cancel the PCN.  This really is total nonsense.

We haven't seen such a blatant example in recent years, so see what others say, but I would submit representations based on 'procedural impropriety'. It is totally false to state that because an offence occurred they cannot cancel a PCN because their statutory enforcement powers allow them to cancel a PCN at any time during the enforcement process regardless whether an offence occurred or not.

This statement shows they have also had no regard whatsoever to the Statutory Guidance on Parking 2022. So I would again state the circumstances of the BB not being visible to the CEO, and then add in the reason why you consider the PCN must be cancelled on the basis of the flawed letter of refusal.
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Re: Help needed - incorrect contravention code and observation times on PCN
« Reply #14 on: »
Thank you @Incandescent

I will certainly raise this when making a representation.

Do you think there is any mileage with the PCN incorrectly stating an 'on street' contravention when it was a 'off street car park' contravention?

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