This case from yesterday confirms it's an off-street car park. Or at least that's the status of this particular PCN.
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Case reference 2250165091
Appellant RPBaker Ltd
Authority London Borough of Havering
VRM N11KBK
PCN Details
PCN HG33536523
Contravention date 12 Aug 2024
Contravention time 16:15:00
Contravention location Market Place Car Park, Romford
Penalty amount GBP 130.00
Contravention Parked in a restricted area in a car park
Referral date -
Decision Date 03 Jun 2025
Adjudicator Henry Michael Greenslade
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice and the Notice to Owner.
Reasons At this scheduled personal hearing the Appellant Company was represented by the diver Mr Richard Baker, who appeared in person via MS Teams.
The Enforcement Authority did not attend and was not represented, either in vision, by telephone, or in person.
A contravention can occur if a vehicle is parked in a restricted area of an off-street car park.
There appears to be no dispute that the vehicle was parked in Market Place car park, or that the Penalty Charge Notice was issued to it, as shown in the photographs/digital images produced by the Enforcement Authority.
The images show that the vehicle may be parked beyond the marking of a bay, although not shown to have a connection one. However, whilst parking beyond the bay markings is one of the conditions of use for this car park, contravention of which may lead to the issue of a Penalty Charge Notice, parking in a restricted area of the car park is not.
The Adjudicator is only able to decide an appeal by making findings of fact on the basis of the evidence actually produced by the parties and applying relevant law.
Considering carefully all the evidence before me I cannot find as a fact that, on this particular occasion, the contravention stated on the face of the Penalty Charge Notice did occur.
Accordingly, this appeal must be allowed.
