Mum is an Islington resident with a valid resident parking permit. She had a severely infected tooth and was taking antibiotics, and had booked an emergency root canal. Before the procedure she needed to attend a consultation.
Her appointment was originally scheduled for 1pm, so she parked in a resident bay close to the train station, in another Islington zone under the Resident Roamer scheme, which runs until 3pm. She expected to be back before the scheme ended.
Unfortunately, the dentist was running late. The appointment was moved to 1:45pm, but there was a further 30-minute delay and she was not actually seen until 2:15pm. The consultation lasted 30 minutes. She then had to get the train back to the vehicle, by which time it was after 3pm and a PCN had been issued.
The CEO's notes show the vehicle was observed from 3:09pm to 3:13pm.
The dentist has provided a headed letter confirming the original 1pm appointment, the request to move it to 1:45pm, and that she was ultimately seen at 2:15pm.
I would appreciate advice on the following:
1. Would the best approach be to explain the circumstances, provide the dentist's letter and ask Islington Council to exercise discretion and cancel the PCN? Given that the delay was entirely outside her control and there is documentary evidence from the dentist, does this give a reasonable basis for a discretionary cancellation?
2. The CEO first observed the vehicle at 3:09pm. Does the statutory 10-minute grace period apply in a situation where the vehicle was lawfully parked under the Resident Roamer scheme until 3pm, but then remained parked after the scheme ended? In other words, would the council have to allow until 3:10pm before issuing a PCN, or does the 10-minute grace period not apply to the expiry of Resident Roamer entitlement?
3. If someone had parked after 3pm and then gone to obtain/display a valid paper visitor voucher for that zone, would the 10-minute grace period apply from the start of that parking period? For example, if they arrived at 3:05pm, went to obtain a voucher, and returned shortly afterwards, would they have until 3:15pm?
She does actually have paper visitor parking vouchers for the zone, although none were used at the time as she believed she would be back at the vehicle before 3pm. Any option where scratching a time off on one of these and providing as evidence would be a better option than the dentist letter?
4. The PCN is for contravention code 12. Is that the correct contravention in these circumstances? I understand code 06 is the lower-level contravention for parking without clearly displaying a valid pay-and-display ticket or voucher, whereas code 12 specifically covers residents' and shared-use parking places. Why would code 12 rather than code 06 apply here?
Any advice appreciated.
