3. Islington Contravention Code 11 Parked without payment of the parking charge
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Islington Contravention Code 11 Parked without payment of the parking charge
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Hello everyone,

a bit of miscommunication with the missus meant that the car was left in a Pay & Display without payment. The enforcement hours are 9.30 to 16:30.

Observation time was 9:41 to 9:41. No observation in other words. I don't know if that's something I could base an appeal on?

I've post the front and back of the PCN below.

As always thank you all for your help!

P.s. I know I've left posting this very late, and there's only 6 days left until the 28 days is up. Sorry.

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Re: Islington Contravention Code 11 Parked without payment of the parking charge
« Reply #1 on: »
Most cases we see in council car parks for non-payment is because the OP was in course of paying, usually by phone, and was not present by the car. It is accepted by all players in the decriminalised regime that time must be allowed to make payment after parking, or else nobody could ever park legally ! However in your case, no payment was ever made, and to be honest, unless you tell us more qabout why no payment was made, the discount looks your best option.
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Re: Islington Contravention Code 11 Parked without payment of the parking charge
« Reply #2 on: »
No payment was made because my wife drove the car off 5 minutes later. And also if a payment was to be made, we would have thought it mute, considering a PCN was already issued.

Usually the car gets moved to a permit bay, any on the same road.

But on this day I'd assumed my wife was going out, and she would leave before 9.30, and so I left it where it was and went to work.

She left later than she'd expected and got a PCN at 9.41.

So yes it was kind of our mistake. But I was seeing if theres anything I could say around the observation time. I was under the impression they are to give a little bit of time in observation.

Are there any technicalities that could be argued? I'm happy paying the higher amount after a tribunal.

But I'm wondering if I have case to take to tribunal to begin with.
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Re: Islington Contravention Code 11 Parked without payment of the parking charge
« Reply #3 on: »
Lack of observation is only useful to you if the CEO missed exempt activity, mainly loading and assisted alighting/boarding.

Are you a permit holder? I can only see an ask for discretion.


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Re: Islington Contravention Code 11 Parked without payment of the parking charge
« Reply #4 on: »
Yes, I am a permit holder.

If I ask for discretion, and it gets rejected, which seems highly likely with Islington nowadays. What grounds could I take it to tribunal on?

Either way I'd look to take it to tribunal.
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Re: Islington Contravention Code 11 Parked without payment of the parking charge
« Reply #5 on: »
Quote from: ReflectoR on Today at 08:47:43 am
Yes, I am a permit holder.

If I ask for discretion, and it gets rejected, which seems highly likely with Islington nowadays. What grounds could I take it to tribunal on?

Either way I'd look to take it to tribunal.
Adjudicators cannot accept appeals based on mitigation. This was decided in the High Court many years ago. This has always puzzled me because why have a statutory grounds of "the penalty exceeded the relevant amount in the circumstances of the case". There is nothing in the regulations that defines "circumstances".
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Re: Islington Contravention Code 11 Parked without payment of the parking charge
« Reply #6 on: »
I would try a grovel for discretion, enclosing proof of permit, saying it was an oversight on this one occasion not to move the car to a permit bay.

But why wasn't it in a permit bay?
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