3. Lambeth Penalty Charge Notice - Contravention 19s
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Lambeth Penalty Charge Notice - Contravention 19s
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Hello,

I would appreciate your advice regarding a PCN received today.

I had paid for an initial period of 10 minutes (from 09:31 to 09:41), which I thought would be sufficient, but my stay became longer than I had originally expected so I paid for another period right before the 10-minute grace period ended (from 09:51 to 10:01).

There were no "No Return" signs or indications or limitations in the app that can prevent you from starting another parking session after a recent one has ended.

The time on the PCN is 09:51, which is exactly when the 10-minute grace period for my first session ended, and also exactly when my second parking session started. The photos aren't currently showing on the council's portal, but I'm sure that whatever images the CEO took of the vehicle would either have been taken during the grace period (09:41-09:51) or during my paid for parking period (09:51-10:01).

I understand that CEOs can issue instant PCNs at the expiry of a grace period. However, I don't believe the 10-minute grace period had expired by the time the second parking period/ticket was purchased.

Is my logic inaccurate, or is this a simple case of challenging this PCN using my two valid parking session tickets as evidence?

Photos of the PCN and parking receipts below:

PCN Front Page:


PCN Back Page:


Parking Receipt 1:


Parking Receipt 2:


Parking Sign on Nearby Post:


GSV of the location:
https://maps.app.goo.gl/hQ3b5JeSfMpDFKwp7

Thank you,
« Last Edit: June 30, 2024, 04:02:11 pm by cp8759 »
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Re: Lambeth Penalty Charge Notice - Contravention 19s
« Reply #1 on: »
OK, your second session started when the grace period expired, but don't forget that details of it have to be downloaded to the CEO's hand-held terminal, and this may not have taken place at the time the PCN was issued. Alternatively, the CEO just didn't bother checking to see if a new session had been set up.

So submit an informal challenge stating that a parking session had been purchased when the PCN was served to your car. Include a copy of the second session.
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Re: Lambeth Penalty Charge Notice - Contravention 19s
« Reply #2 on: »
As Incandescent points out, the key question here is whether there was a valid session in force at 9:51, which there was. So the alleged contravention did not occur, nothing that happened before 9:51 is relevant.

All you need to say is that there was a valid session in force at 9:51 and here's the receipt, end of. I wouldn't mention anything about the first session or the grace period as that will just confuse things.
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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
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Re: Lambeth Penalty Charge Notice - Contravention 19s
« Reply #3 on: »
Thank you both. That's good to know re: the earlier session being irrelevant.

I'll submit an informal challenge today.

Will update the thread once I hear back.
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Re: Lambeth Penalty Charge Notice - Contravention 19s
« Reply #4 on: »
Hello,

Just to conclude this, I'm happy to say that the council have responded and they "have cancelled this notice because of the evidence".

Thanks for your help.
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