Ok so I have drafted something. Would the following be ok? Please feel free to amend!
Also which statutory grounds (listed on the NTO) should I select?
Dear Sir or Madam, On 10th September I bought a rug from a carpet shop in Lewisham. Because the rug was large & heavy when rolled up, I went & got the car and parked in the loading bay in front. I went in to get it and one of the carpet shop guys helped me carry it out & load it into my car. However by the time we got to the car with it, I had a ticket. Contravention 25 “Parked in a loading place during restricted hours without loading”
I appealed the PCN that evening. In my appeal, I explained I was loading. The carpet shop wrote me a note to confirm that I was indeed collecting a rug, which I attached. The manager gave her name and confirmed that Lewisham Council can call her at the carpet shop to confirm. I therefore wrote in my appeal that Lewisham Council are welcome to call the carpet shop to confirm that I was loading, and I attached one of their business cards.
However I have received a rejection, which said:
“I have noted your comments and proof. I can advise that the PCN was issued as the vehicle was seen parked in a loading bay without active loading being seen.”
Given that I supplied evidence from the carpet shop – and even suggested that you might call the carpet shop for confirmation that I was loading – I believe that this amounts to failure to consider evidence.
Furthermore I believe there was procedural impropriety in the process because on 14th October Lewisham Council threatened to serve a charge certificate, before I had even received a Notice to Owner. (I attach screenshots from Lewisham Council’s website on 14th October which stated, in a red box “The amount outstanding on the Penalty Charge Notice will increase to £195 very soon. Please pay £65 now”)
On 16th October, the message in this red box changed to “The amount outstanding on the Penalty Charge Notice will increase to £195 very soon. Please pay £130 now”
The next day, on 17th October, that red box was yellow instead of red and stated “The amount outstanding on the Penalty Charge Notice will increase to £195 on Wed 20th Nov 2024. Please pay £130 now”
This red box flagging, on the official website, that the fine was going to be increased to £195 “very soon” was inaccurate because in reality a penalty can only be increased by 50% upon the issuing of a Notice to Owner. It gave me a false sense of panic and on reflection I feel it was an abuse of statutory process.
I also note that, on each screenshot there is a blue box which states “You have already challenged this PCN and we replied on Wed 18 Sep 2024. You cannot challenge twice” I have two things to say about this.
First I feel that saying “you cannot challenge twice” is misleading because in actual fact there *is* the opportunity to challenge again - after receiving a Notice to Owner. This is particularly egregious when coupled with threats to increase the fine to £195 “very soon” before any Notice to Owner has even been received.
Secondly, in the blue box Lewisham states that they replied on Wed 18 Sep 2024. This is incorrect. I did not receive a reply until 27th September 2024. Indeed Lewisham’s own letter is dated 27/09/24.
Finally, quite apart from the fact that I was loading, this technically is not a ‘loading bay’ – you cannot have a yellow line within a 24/7 so-called loading bay.
