Author Topic: Newham Continuous Contravention  (Read 1667 times)

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Re: Newham Continuous Contravention
« Reply #15 on: »
When did you get a rejection for PN23616865.

This is a pic from the last one PN23895226 - where are all the PCNs? How did you know about them?


Re: Newham Continuous Contravention
« Reply #16 on: »
So far I've just had notice of rejection on the following PCN's:

PN23754290 - received 28.10.25
PN23825093 - received 28.10.25
PN23876323 - received 28.10.25
PN23852937 - received 28.10.25
PN23895226 - received 28.10.25

PN23729748 - received 27.10.25 
PN23815613 - received 27.10.25 

The rest are yet to come through.

8 of the PCN's were on the car when I found it, they were all in the one pouch. 2 of them have come through the post.

On the car:
PN23895226
PN23876323
PN23852937
PN23825093
PN23815613
PN23764013
PN23754290
PN23729748

In the post:
PN23616865
PN23710182

Re: Newham Continuous Contravention
« Reply #17 on: »
In the post:
PN23616865
PN23710182

So you have two NTOs?

Have you sent anything for them?

Re: Newham Continuous Contravention
« Reply #18 on: »
I did a formal representation and sent the following:

Dear Sir/Madam,

I am writing to formally challenge the above Penalty Charge Notices and respectfully request their cancellation on the grounds of fairness, proportionality, and legitimate expectation.

I am a long-standing Newham resident and have held a valid resident parking permit for several years. Unfortunately, my permit expired on [insert expiry date] and I was not sent an email reminder to renew it. I became aware of the lapse only after finding a PCN on my vehicle and renewed the permit immediately on [insert renewal date] (permit reference: [insert if known]).

During the intervening period, my car remained parked lawfully outside my property in the same location and was not moved.

Grounds for Cancellation

1. Continuous Contravention

The vehicle remained stationary in the same permit bay throughout the period in question. Under established parking adjudication precedent, only the first PCN may be validly issued in such circumstances, as the alleged contravention is continuous. I therefore ask that all subsequent PCNs after the first (PN23729748) be cancelled on this basis.

2. Legitimate Expectation – Missed Renewal Reminder

I have always relied on Newham’s renewal reminder emails, which I have received in previous years. This year, no reminder was sent to my registered address or email (I have checked spam folders and permit account settings). I remained opted-in for communications and therefore had a legitimate expectation that I would be notified before expiry. The lack of this usual reminder was the sole reason for the short lapse.

3. Immediate Compliance and Good Record

As soon as I became aware of the expiry, I renewed my permit straight away. I have held a resident permit for [x years] and have always complied with Newham’s parking rules. This was an isolated administrative oversight, not deliberate non-payment.

4. Request for Exercise of Discretion

Under the statutory guidance issued pursuant to Section 87 of the Traffic Management Act 2004, local authorities are expected to consider mitigating circumstances and apply discretion where appropriate. In this case—given my good compliance history, prompt renewal, and the lack of reminder—cancellation would be a fair and proportionate outcome.

Requests

Please cancel all PCNs after the first (PN23729748) as continuous contraventions.

Please exercise discretion to cancel the first PCN as well, considering the lack of reminder and immediate renewal.

If any PCN is not cancelled, please re-offer the 14-day discounted rate from the date of your response so that I can make an informed decision about whether to appeal to London Tribunals.

Please also provide CEO notes, photographs, and evidence of signage if any PCN is upheld.

Thank you for taking the time to review my representations. I trust that, in light of the facts, the council will view this as an honest administrative oversight rather than multiple contraventions, and cancel the notices accordingly.

Re: Newham Continuous Contravention
« Reply #19 on: »
This is a difficult situation as with the penalties so high it's risky to go on.

With the NTOs you've just sent reps on you could try follow-up reps on the code 19 issue and remind them of their duty to follow London Councils guidance.

An FOI on whether the CEO's device shows a recently expired permit comes to mind.

But really they should cancel some of them. I'll see if I find a tribunal case on multiple static parking PCNs.

Re: Newham Continuous Contravention
« Reply #20 on: »
this is a very relevant case in these circumstances

Case Details
Case reference   2110189461
Appellant   James George Gibson
Authority   London Borough of Haringey
VRM   P844KKU
PCN Details
PCN   HY64567480
Contravention date   06 Jan 2011
Contravention time   09:12:00
Contravention location   Lausanne Road
Penalty amount   GBP 80.00
Contravention   In resident shared use place with invalid perm
Referral date   -
Decision Date   18 May 2011
Adjudicator   Carl Teper
Appeal decision   Appeal allowed
Direction   cancel the Penalty Charge Notice and the Notice to Owner.
Reasons   The authority's case is that the Appellant's vehicle was parked in a residents' parking place or zone displaying an invalid permit when in Lausanne Road on 4, 5, 6, 7, 8, 11, 12, 13, 15, 18, 19 and 21 January 2011 at 09.00.



The Appellant's case is that the permit had not been renewed because they had not received a renewal notice from the authority. The Appellant and his wife were on holiday from 31 December 2010 until 23 January 2011 during which period the Penalty Charge Notices were incurred.



I have considered the evidence and I find that the Appellant's vehicle was parked in a residents parking place displaying an invalid permit when in Lausanne Road on 4 January 2011. It is the Appellant's responsibility to renew their permit and they are not entitled to rely on the courtesy renewal letter, which may not have been received.



However, I find that the Appellant's vehicle committed one contravention of parking in a residents' permit bay without clearly displaying a valid permit when in Lausanne Road on 4, 5, 6, 7, 8, 11, 12, 13, 15, 18, 19 and 21 January 2011.



I find that one continuous contravention has occurred; the vehicle remains at the same location throughout the period these Penalty Charge Notices were issued. Further, I have taken into account that the residents' bay is operational from 8am to 6.30pm Monday to Saturday and I find that the situation would be the same if the residents' bay was operational 24 hours a day 7 days a week.



There is no rule of law or regulation that entitles an authority to issue a penalty charge notice every 24 hours or as in some of these Penalty Charge Notices less than 24 hours. An enforcement authority has other powers at its disposal for a continuous contravention, such as removal.


Re: Newham Continuous Contravention
« Reply #21 on: »
Amazing, I think it's worth a go then. Is it worth referencing this case directly?

Re: Newham Continuous Contravention
« Reply #22 on: »
See also the below.

We had someone recently with more than 10 PCNs in a similar position - I'll see if I can find the thread and any outcome.

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

Case reference   2250139320
Appellant   Tom Allin
Authority   London Borough of Islington
VRM   FY12OBT
   
PCN Details
PCN   IZ33335996
Contravention date   04 Dec 2024
Contravention time   14:44:00
Contravention location   Dove Road
Penalty amount   GBP 130.00
Contravention   Parked resident/shared use without a valid permit
   
Referral date   -
   
Decision Date   28 May 2025
Adjudicator   Anju Kaler
Appeal decision   Appeal allowed
Direction   cancel the Penalty Charge Notice.
Reasons   This appeal was conducted over the videolink. I spoke to the Appellant. The Enforcement Authority relied on the evidence submitted in advance.
The agreed facts are that the vehicle was at the stated location and a Penalty Charge Notice was issued; the Appellant says, and I accept, that he did not receive the Penalty Charge Notice. That however does not invalidate the charge.
The vehicle was parked in a permit bay and the Appellant’s permit expired on 28 November 2024, 6 days before this Penalty Charge Notice was issued, citing Code 12. Code 19 attracts a lesser penalty.
The Civil Enforcement Handbook says this for Code 19:
“The contravention occurs when a vehicle waits in a residents’ or shared use parking place or zone displaying an invalid permit voucher or pay and display ticket that would have been valid for that parking scheme at some time or after the expiry of paid for time”.
The Civil Enforcement Handbook says this for codes 12 and 19:
“If a previously valid permit has expired then code 19 should be issued”.
The Penalty Charge Notice was issued citing a wrong code and it is for this reason that I allow the appeal.
I note that the Appellant has paid several PCNs for this contravention; the Authority may wish to consider issuing a refund for some or all of the payments he has made.