Author Topic: Lewisham Council / 12r, parked in residents bay without valid permit / Brookdale Rd, SE6  (Read 455 times)

0 Members and 108 Guests are viewing this topic.

 
Hi there,

Over the course of 48 hours from 26th Sept at 10:29am and 28th Sept at 09:45am I received 4 PCNs in relation to an error relating to the 'protected vehicle status' in my online permit account.

My resident permit permits two vehicles, one of which needs to be selected as the 'protected' vehicle. I had selected one vehicle to be protected by the permit, when I meant to select the other. I had no idea this was the mistake until I contested the first ticket and two days later received the council's response explaining. By which time I had a further 3 PCNs.

Upon receipt of the first PCN I was surprised as I knew I had bought a permit. I checked the confirmation email for my permit to make sure that I definitely had bought a permit and entered the correct details etc, and there was no mention of having to select a particular vehicle. I also had no emails alerting me to the vehicle that I had selected. I had an email confirmation of my resident permit and showed this to more than one of the officers issuing the tickets. They agreed that I had a valid permit but were as confused as I was about why it was not showing on their system.

I challenged the first ticket on the basis that I had a valid permit and it was only when I
received the response on the 28th Sept explaining that I had not protected the correct vehicle that I realised the mistake. I immediately corrected the protected vehicle in the permit account. I thought that it would be fair to take this into consideration and waive the subsequent 3 PCNs. I corrected my error at the earliest opportunity and I don't think it is fair to charge me 4 times for effectively just 1 honest and accidental mistake.

The response was to waive the second ticket on the basis of a 'processing error', but not the 3rd or 4th tickets. I did not get a full explanation as to the basis of the 'processing error' but I believe it could be due to the 2nd ticket being issued on the same day as the first. The 3rd ticket was issued on top of the 2nd.

Here's all the info I have to hand (I'm away for half term) regarding the tickets, including one PCN, 3 x my challenges, and 2 x council responses : https://www.dropbox.com/scl/fo/drk9bl0n4mkqdhii779b8/h?rlkey=evbtk1o4m79pgoxsm1mhsufxq&dl=0

I'd like to know your thoughts on whether I should go for the tribunal with the remaining two PCNs? I only have until Monday before they go up to £130 each, so it would be great to get a consensus by then!

I'd have hoped that as a first offender resident with 5 years of having a legit permit the council would not be so heavy handed as to fine me 3 times for this. It's also a little galling that they can excuse their own 'processing error', but not mine! But such is the way of the world I suppose.

Let me know your thoughts!! Any help much appreciated...

Joe
 


[ Guests cannot view attachments ]

Share on Bluesky Share on Facebook


You've only posted one PCN, and people are less likely to help if they have to click loads of links.

As explained here, I suggest you upload the PCNs and all other documents to imgur.com and then use the BB sharing codes to embed the images into a post, so they appear like this:



Don't worry about the discount, if you wait for the notice to owner and then challenge it within 14 days, even if the council rejects they will reoffer the 50% discount in almost all instances.

To re-cap, for proper advice you need to post up:

All 4 PCNs,

The representations made against each PCN (if you used the same wording to challenge all the PCNs, you only need to post up 1 copy),

All the responses you've received back.
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

Thanks for your help. For clarity here are all 4 PCNs; Challenges 2 (+ evidence), 3 + 4 (the first one was not emailed to me but the wording was virtually the same); 4 x responses.

Thank you in advance for any help or advice.






























« Last Edit: October 30, 2023, 06:53:15 am by twochevrons »

Right, that provides some much needed clarity.

At this point your only options are to give up or carry on. If you wait for the notice to owner and then challenge them within 14 days, the council will usually reoffer the discount, so there is limited risk in carrying on.

One strategy is to send a single letter in the post challenging all the PCNs, sometimes councils will fail to log the representation against all the PCNs and that will be an automatic win on a failure to consider (even though it will be somewhat long-winded from a procedural standpoint).
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

You need to redact your name, address, and email address from the docs.

Redacted!

I will continue to fight this, it feels too unjust!

Though do you think there are 'failure to consider' grounds regarding my arguments re:multiple tickets for one error? Each response appears only to address the single charge it relates to rather than the whole picture.

Also, aren't there rules about repeatedly issuing tickets for the same charge? My car did not move for the duration of this episode and at one stage there were two tickets on top of each other - for some reason I thought that wasn't allowed.

Lastly, is my case that this feels unduly heavy handed for a technical/admin error a reasonable argument at a tribunal? A total of £195 in fines over a permit that costs £160per annum feels a bit strong. Or will it just be a case of the rule of law and I should've known better?

All the points you raise are arguable, but none of them make the case open and hust. On the other hand you only need one successful point to win.
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

An update here. I received the notice to owner and then sent one letter challenging all 4 PCNs, and received four separate letters back.

To recap :
PCN 1 - I'd paid this one already.
PCN 2 - Cancelled by Lewisham due to 'processing error' after my initial challenge.
PCN 3 - Lewisham have now cancelled this one too, unsure why as their reasons don't really make sense.

PCN 4 - This is the only one remaining. See below for scans of all documentation/correspondence relating to this PCN. My question - is it worth pursuing this any further? Or should I stop now and pay the £65?

- PCN
- 1st challenge
- 1st Response
- 2nd Challenge
- Notice of Rejection of Representations











It seems to me the circumstances apply to all the PCNs so if one was cancelled so should the others as well. So I would persist with this one, but of course, in the end, if they prove obdurate, you might have to take them to London Tribunals and risk the full amount so it is your decision, as it's not my money.

I decided to pay the £65 and be done with it, but thanks for your help - v much appreciated.