3. Lambeth Council - Parking in residents zone - Lothian Road, London
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Lambeth Council - Parking in residents zone - Lothian Road, London
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Hi there,
I was visiting a friend in London and parked in a permit holder bay. We had internet troubles but did get the permit. Now the PCN is timed at 09:42 and I got the permit at 10:11.
I'm a complete rookie at fighting these things so any advice is greatly appreciated.
Thank you in advance,
Nomad

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« Last Edit: November 04, 2023, 08:13:09 pm by Nomad_Stan03 »
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Re: Lambeth Council - Parking in residents zone - Lothian Road, London
« Reply #1 on: »
I assume that instead of getting a paper permit off the person you were visiting, the council were now operating "virtual" permits, requiring an on-line application.

The essential fact for parking when payment or a visitor permit is required, is that time is allowed to obtain that permit or make that payment. If it wasn't nobody could ever park legally when parked-up and going to get a ticket from a machine, or entering details on a pay-to-park app.  However, in your case, I think an adjudicator may well want to query the time taken, it being a minute off 30 minutes. So you really do need a good story to explain the delay. Just saying "internet troubles" will not cut the mustard, I fear.
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Re: Lambeth Council - Parking in residents zone - Lothian Road, London
« Reply #2 on: »
Please give us a detailed account of exactly what these internet problems were. An adjudicator is going to require such an explanation so we need to know now in order to determine whether you have a case.
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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: Lambeth Council - Parking in residents zone - Lothian Road, London
« Reply #3 on: »
Thank you for your responses.
@ Incandescent, Yes that's correct, it was a virtual permit that I needed. 
My friend has very poor internet connection in her flat. We had trouble connecting to the site, then it kept signing out whilst trying to make me a profile. I see that this alone may be a weak case but nevertheless, any help is appreciated.
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Re: Lambeth Council - Parking in residents zone - Lothian Road, London
« Reply #4 on: »
This is a central London borough, why was 4G / 5G on a mobile not an option?
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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: Lambeth Council - Parking in residents zone - Lothian Road, London
« Reply #5 on: »
We were using her laptop to do it. I'm not very good with technology so my friend was doing the forms.
Would the fact that it is a day pass not cover it being half an hour late? Apologies if this is me just being naive.
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Re: Lambeth Council - Parking in residents zone - Lothian Road, London
« Reply #6 on: »
The fact that it's a day pass definitely helps.

As painful as it might be, you need to write out a step by step chronology of all the various attempts that were made, what went wrong and so on. There is a significant time delay to cover, so you need to persuade an adjudicator that for the entire time between parking and the permit being obtained, you were attempting to get the permit sorted out. Just saying "internet problems" won't cut it.

Also, if you could get a screenshot of the browser history that would be extremely helpful as it will show all the various attempts that were made.
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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: Lambeth Council - Parking in residents zone - Lothian Road, London
« Reply #7 on: »
Thank you for your help.
I'll appeal it and see what they come back with.
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Re: Lambeth Council - Parking in residents zone - Lothian Road, London
« Reply #8 on: »
Quote from: Nomad_Stan03 on November 05, 2023, 07:06:39 pm
Thank you for your help.
I'll appeal it and see what they come back with.
@Nomad_Stan03 no, that's pointless. Write a draft and put it on here for review. There's no much point in you coming here for help and then going off on your own with a half-baked representation.
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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: Lambeth Council - Parking in residents zone - Lothian Road, London
« Reply #9 on: »
Ok, I really do appreciate the time you're taking with me here. Thank you.

Dear Sir/Madam,
I would like to appeal this PCN I received on the 24/10/2023 in which I did not have the virtual permit at the time. I was visiting London from up North and was informed off the person I was visiting that I would need to attain a permit when I got there.
I did infact attain a day permit albeit a little later than I had hoped due to technical difficulties with my friends laptop. She has very poor internet connection in her basement flat and the site in which she was creating me a profile for my pass kept on disconnecting. Please see attached, my day pass permit and please forgive the delay in its attainment.
Kind regards,
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Re: Lambeth Council - Parking in residents zone - Lothian Road, London
« Reply #10 on: »
Quote from: Nomad_Stan03 on November 06, 2023, 04:40:31 pm
Ok, I really do appreciate the time you're taking with me here. Thank you.

Dear Sir/Madam,
I would like to appeal this PCN I received on the 24/10/2023 in which I did not have the virtual permit at the time. I was visiting London from up North and was informed off the person I was visiting that I would need to attain a permit when I got there.
I did infact attain a day permit albeit a little later than I had hoped due to technical difficulties with my friends laptop. She has very poor internet connection in her basement flat and the site in which she was creating me a profile for my pass kept on disconnecting. Please see attached, my day pass permit and please forgive the delay in its attainment.
Kind regards,

No. There is to much of it's our fault.

Dear Mr parking

I make this informal challenge against the imposition of PCN number xxxxxxxxx on the basis that the contravention did not occur.

I was visiting a friend who lives at ( friends address ) from my home in the north of England. I parked close to the friend address and went to their home. They informed my that they would need to register to obtain a virtual permit for the day and proceeded to register in order to do so.

Due to unanticipated internet issues the connection timed out on more than one occasion my friend persevered and at 10.11am a permit was issued I later discovered this PCN issued at 09.42am.

Immediately after parking the process of obtaining a permit was commenced it took longer than expected due to the connection issues but as was required i made the payment ASAP


Regards

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Re: Lambeth Council - Parking in residents zone - Lothian Road, London
« Reply #11 on: »
I see this isn't your first rodeo. Again, thank you. I'll send that along with the screen shot of my permit.
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Re: Lambeth Council - Parking in residents zone - Lothian Road, London
« Reply #12 on: »
@Pastmybest The chat bot on the council website advises to note that I haven't had any pcns cancelled out of goof faith within the past 12 months, would you advise this?
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Re: Lambeth Council - Parking in residents zone - Lothian Road, London
« Reply #13 on: »
Quote from: Nomad_Stan03 on November 06, 2023, 06:02:05 pm
@Pastmybest The chat bot on the council website advises to note that I haven't had any pcns cancelled out of goof faith within the past 12 months, would you advise this?

No you are not asking for them to show discretion or goodwill but claiming a statutory excemption
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Re: Lambeth Council - Parking in residents zone - Lothian Road, London
« Reply #14 on: »
Roger that. I've sent it off. I'll report back when I hear back.
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  3. Lambeth Council - Parking in residents zone - Lothian Road, London