Post below modified to remove case references as they were incorrect!
I am writing to formally challenge the above Penalty Charge Notice (PCN) issued on 02 December 2024 for an alleged parking contravention at [Location]. Upon review, I believe the PCN is invalid due to procedural impropriety and compelling mitigating circumstances, as outlined below.
Grounds for Appeal are described in detail below.
Invalid Contravention Code
The PCN cites contravention code "124." However, this code is not recognised as a valid contravention code under the standard list of parking contraventions issued by London Councils. The use of this non-existent code fails to clearly and accurately state the grounds for the alleged contravention, as required by Regulation 8(1)(b) of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007.
Procedural Impropriety
The incorrect use of contravention code 124 constitutes a procedural impropriety under the Traffic Management Act 2004. Enforcement authorities are obligated to issue PCNs that adhere to statutory requirements and clearly describe the alleged contravention. By failing to use a valid and recognised code, the council has breached its duty to ensure accuracy in its enforcement process.
Exceptional Mitigating Circumstances
On the night of 02 December 2024, the driver parked in a bay near King’s College Hospital for an urgent care appointment scheduled at 1:00 AM. During the consultation, the attending doctor deemed the driver’s medical condition serious enough to require immediate admission to the hospital's Accident and Emergency (A&E) department. The driver was subsequently admitted and discharged only after 12:00 PM later that day.
The driver initially believed that leaving the car in the bay would not be an issue since free parking was permitted until 8:30 AM. However, due to their unexpected admission to A&E, they were unable to move the vehicle before the restriction began.
Under the circumstances, it was impossible for the driver to comply with the parking restrictions without jeopardising their health and safety. Medical emergencies, such as this, are widely recognised as mitigating circumstances under parking enforcement policies, and I urge you to cancel this PCN in light of the situation.
Precedent Cases Supporting Procedural Impropriety
Similar cases have been adjudicated in favour of appellants where the contravention code was incorrect or unclear:
Case Reference: 2130536181: The adjudicator ruled that an incorrect contravention code invalidates the PCN due to procedural impropriety.
Case Reference: 2140236182: A mismatch between the contravention code and the actual restriction at the location was deemed a failure in enforcement procedure, leading to the appeal being upheld.
Request for Evidence
I kindly request that you provide the following:
Confirmation of the validity and applicability of contravention code 124 under the London Councils standard list.
Request for Cancellation
Given the procedural impropriety outlined above and the compelling mitigating circumstances due to a medical emergency, I respectfully request that the PCN be cancelled.
I am happy to provide supporting evidence, including medical records or a hospital discharge letter, if required. I look forward to receiving your response. Should the council choose not to cancel the PCN, I reserve the right to escalate this matter to the London Tribunals Parking and Traffic Adjudicators.
