Author Topic: Merton, Code 21 Parked In Suspended Bay, Murray Road  (Read 6749 times)

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Merton, Code 21 Parked In Suspended Bay, Murray Road
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Hi all

I am writing on behalf of my older father who is not great with computers or technology. He has received 2 x PCN as follows:

MT01121049 - 19/05/2025 @ 09:11am
MT01121435 - 20/05/2025 @ 09:32am
Numberplate - NYN724
London Borough of Merton - https://www.merton.gov.uk/streets-parking-transport/parking/pcn/evidence

The alleged contravention in both cases is: 21 (Parked Wholly Or Partly In A Suspended Bay Or Space)

Below is a summary of what happened:

- Last week my Dad (he isn't sure of the exact day, he said it could've been Tuesday 13/05/2025, Wednesday 14/05/2025 or Thursday 15/05/2025) parked in his usual spot on the street. It is for Permit Holders (VOt) but he has a VOt permit so no issues there.
- My Dad did not use his car for the rest of the week so it just stayed in the same parking spot. Then on Friday 16/05/2025 my Dad went away on holiday for the weekend (to Jersey - can provide flight confirmation emails if needed).
- Again his car remained where it was over the weekend.
- He returned from holiday on the afternoon of Monday 19/05/2025 but again didn't need to use his car so it remained where it was.
- Then on the morning of Tuesday 20/05/2025 when he went to go to his car, he noticed the 2 PCNs on his windscreen (one from the day before, 19/05/2025 and one from that same morning 20/05/2025). So he moved his car to a different bay to avoid any further PCNs, and then rang me and explained all the above

As you will be able to see from the council evidence photos, there is a yellow sign up indicating that the parking bay is suspended from 19/05/2025 to 23/05/2025 for utility works. However, he is 99% sure that the sign wasn't there when he parked the car last week, and then the next time he went to his car was on 20/05/2025 when he discovered the 2 PCNs on his windscreen

PCN Photos: I do not have photos of the actual PCNs themselves as they are with my Dad, I am seeing him later this week so can add them then if they are important
Google Maps Location: https://maps.app.goo.gl/adpU1rsN2r5Q9kcN9

« Last Edit: May 21, 2025, 02:15:06 pm by r45 »

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Re: Merton, Code 21 Parked In Suspended Bay, Murray Road
« Reply #1 on: »
Seems unlikely he would have missed the sign in a single bay right by his car.

Merton should have a log of whether his car was in the bay when the sign went up. If it was the case can be made for cancellation but there is a duty to check signage and it can be fatal especially in London to leave things too long. So it depends on timings but in any case he should challenge the PCNs.




Re: Merton, Code 21 Parked In Suspended Bay, Murray Road
« Reply #2 on: »
Thank you Stamfordman
So should I contact Merton asking for dates/times of when the signage went up (along with photographs ideally)?

For what it's worth, this morning my Dad spoke to a neighbour (who apparently knows everything that goes on on the street!), they said that the signs went up over the weekend at some point (i.e. 17/05/2025 or 18/05/2025) which would've been when my Dad was away. I wouldn't be 100% confident on that, but it's what the neighbour is saying
« Last Edit: May 21, 2025, 02:33:51 pm by r45 »

Re: Merton, Code 21 Parked In Suspended Bay, Murray Road
« Reply #3 on: »
You can ask for the log now or do so as part of challenging the PCNs.

The second PCN cannot stand anyway as it is a continuous contravention from the first, given that the suspension seems to be 24 hours on those days.
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Re: Merton, Code 21 Parked In Suspended Bay, Murray Road
« Reply #4 on: »
Thank you stamfordman

I asked my Dad if he could try to remember what day he parked the car and he says he is now fairly sure it was Tuesday 13/05/2025, and he is almost certain the signage wasn't there when he parked it

So is there a template I can follow to compose my challenge? Or should I try to draft something from scratch. From what I gather the gist is:

- signage wasn't there when my Dad parked his car. Should I mention that he thinks he parked it on 13/05/2025 or should I omit that?
- do they have timestamped photographs of when the signage went up, if so it will be telling to see if the car is visible in those photos or not
- in any case the second PCN should not be considered valid on the grounds of continuous contravention

Also should I write it from the point of view of my Dad, or should I write it from myself on behalf of my Dad?

Re: Merton, Code 21 Parked In Suspended Bay, Murray Road
« Reply #5 on: »
I wouldn't commit to a day as he isn't sure anyway. Wait for others to have a look.

I would say for the first PCN:

------------

Dear Merton,

I am a resident living at xxxxxx and parked in the bay before you put up the suspension sign, so I parked legally in the bay.

I was away in Jersey the weekend before the suspension, from Friday 16 May to the afternoon of 19 May and checked the car on the morning of 20 May to find two PCNs.

Please check your suspension log.

As I parked in good faith and was in the bay before your sign was there I trust you will cancel the PCNs.

Please note that the second PCN no xxxxxxx is a continuous contravention of the first and so that one cannot stand on that ground.

I look forward to your early confirmation of cancellation.


--------------

For the second:

Dear Merton,

I am challenging this PCN as it is a continuous contravention of PCN no xxxxx and so cannot stand on that ground.

As I challenged for PCN no xxxxxxx:

I am a resident living at xxxxxx and parked in the bay before you put up the suspension sign, so I parked legally in the bay.

I was away in Jersey the weekend before the suspension, from Friday 16 May to the afternoon of 19 May and checked the car on the morning of 20 May to find two PCNs.

Please check your suspension log.

As I parked in good faith and was in the bay before your sign was there I trust you will cancel the PCNs.

I look forward to your early confirmation of cancellation.



Re: Merton, Code 21 Parked In Suspended Bay, Murray Road
« Reply #6 on: »
Thank you, have just submitted challenges as per the above - will update when I hear back

Re: Merton, Code 21 Parked In Suspended Bay, Murray Road
« Reply #7 on: »
Hi guys, just heard back from Merton today after a couple of months and unfortunately they have rejected my challenges. They haven't confirmed one way or the other when the signage went up, nor have they addressed the continuous contravention on the second PCN.

Any suggestions on next steps? From what I understand to appeal this further I would need to wait til they send my dad a Notice To Owner form in ~28 days. Surely at a minimum the second PCN should be cancelled on the grounds of continuous contravention, although if I have to pay the first PCN at the full rate of £160 then it's equivalent to the paying both PCNs at the discounted rate of £80 each.

So I suppose it hinges on whether there's a realistic chance of getting both PCNs cancelled - are Merton obliged to provide proof of when the signage went up?

Quote
Thank you for writing to us.
We have carefully considered what you say and whilst we have reoffered the discount period
we have decided not to cancel your Penalty Charge Notices (PCNs).
The Penalty Charge Notices (PCNs) were issued to you because your vehicle was seen
parked in a suspended parking bay/place or part of a suspended parking bay/place.
I have investigated the circumstances raised in your correspondences and I am unable to
cancel your notice. The reasons for my decision are set out below, along with the options
available to you at this stage.
You have explained that you are a resident and your vehicle was parked before the
restrictions were marked.
Whilst I note the circumstances you have described in your correspondences and appreciate
that it is unfortunate situation to find yourself in, I am unable to consider this as grounds to
cancel the charges as the restriction was marked before your vehicle was parked. It is the
responsibility of the motorist to ensure they are familiar with the regulations in place at the
location in which they are parked and must park with due care and attention, whilst adhering
to the rules and restrictions, at all times. It is also their responsibility to be aware that these
regulations are subject to change and must therefore be reviewed on a regular basis.
So, whilst I note that it was not your intention to park in contravention of the restrictions that
are in force, I am satisfied that the notices have been correctly issued and that there are no
grounds in which to cancel the charges.
You can view photographic evidence of these PCNs online at: www.merton.gov.uk/pcn.
You have these choices:
• To date, you have paid £0.00 per PCN, you can pay the discount charge of £80.00 per
PCN, minus any payment already made, if your payment reaches us within 14 days of
the date of this letter.
• If you miss the discounted period you can pay the full charge of £160.00 per PCN,
minus any payment already made, within 28 days of the date shown on this letter.
• You can formally challenge your PCNs by using a Notice to Owner form. The vehicle's
owner will automatically receive the form if the PCNs have not been paid within 28 days
of this letter. The form offers you the chance to formally challenge your PCNs or pay the
full £160.00 per PCN. If you decide to formally challenge your PCNs, please do not
write to us again but wait until the Notice to Owner form arrives. If we reject your formal
challenges you will be given the opportunity to appeal against our decision to an
independent adjudicator. For more information about the traffic adjudicator please visit
their website at http://www.londontribunals.gov.uk/eat/appeals-process-explained .
Please note: Should you write back in to the council before the Notice to Owner, the
discounted period will not be placed on hold or reoffered.

Re: Merton, Code 21 Parked In Suspended Bay, Murray Road
« Reply #8 on: »
Is that rejection for both PCNs?

The continuous contravention for the second is a solid appeal.

They say:

the restriction was marked before your vehicle was parked

So where is the log of vehicles in that bay when the sign went up? I would email them and ask for the log. It's a one car bay so there was either a car there or not and a car may of course not been your father's but the sign seems unmissable when he did park if it was there.

Re: Merton, Code 21 Parked In Suspended Bay, Murray Road
« Reply #9 on: »
Yes, their response covers both PCNs, they wrote this at the top:

"Penalty Charge Notices: MT01121049, MT01121435
VRM: NYN724
Location: MURRAY ROAD, WIMBLEDON (VOT)"

OK, they have a Contact Us section on their PCN Portal, I could message them through there? And say basically:

a) you have not addressed the Continuous Contravention claim on PCN2
b) you have not provided a log of when the signage went up and if there was any car parked there

Although contacting them again to prolong the informal challenges isn't really an option given by them in the "You have these choices" section, so not sure where that would leave me if they didn't respond within 14 or even 28 days?



Re: Merton, Code 21 Parked In Suspended Bay, Murray Road
« Reply #10 on: »
Don't worry about the continuous contravention for now. Just contact them saying:

Ref: PCNs xxxx and xxxx

Please send me the log showing the time and date you put the suspension sign up for the single-space bay outside no xx and whether my car, VRM xxxxxx, was in the bay at the time.

Re: Merton, Code 21 Parked In Suspended Bay, Murray Road
« Reply #11 on: »
Thank you, I have just messaged them so let's see what they say, if they don't reply within 27/28 days then I expect my dad will receive a Notice To Owner in the post

Quote
Ref: PCNs MT01121049, MT01121435

Thank you for your response yesterday, to my challenge of the above 2 PCNs. Your message mentions that my next option is to formally challenge the PCNs after waiting for the Notice To Owner form.

However before getting to that stage I would like to once again ask if you could please send me the log showing the time and date you put the suspension sign up for the single-space bay outside 21 Murray Road, and whether my car, with registration NYN 724, was in the bay at the time.

Re: Merton, Code 21 Parked In Suspended Bay, Murray Road
« Reply #12 on: »
Hmmm, they have replied with an image of a document suggesting the signage went up on 12/05/2025, a week before the suspension came into effect.

There is also a photo of the steeet, although it's not dated or timestamped, but that shows the signage visible and my dad's car is not in the bay in question.

So I suppose maybe my dad did park there after the signage was put up and somehow just not spot it, although that does seem a stretch as it's very hard to miss. But not sure if any other argument could be made.

Might I have to pay the first PCN and claim continuous contravention for the second?





Re: Merton, Code 21 Parked In Suspended Bay, Murray Road
« Reply #13 on: »
Hi all, any advice on above please?

Re: Merton, Code 21 Parked In Suspended Bay, Murray Road
« Reply #14 on: »
It does look like your father just missed the sign. Maybe he can have another word with the neighbour.

I guess the best thing is to pay the discount on the first and continue with the continuous contravention on the second.