The next step is the NTO not the tribunal.
I would be inclined to go on with this, reminding Newham of its duty to act fairly, and hoping at least for a recommendation to cancel at the tribunal should they push you there.
I think I've got a similar case to cite - I'll see if I can locate it.
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I can't find the case I was thinking of but this one has some relevance but the mitigation may be more compelling.
Case reference 2250161884
Appellant xxxxxxx
Authority London Borough of Havering
VRM HJ20LUD
PCN Details
PCN HG29912472
Contravention date 22 Aug 2024
Contravention time 09:42:00
Contravention location Vine Street
Penalty amount GBP 110.00
Contravention Parked resident/shared use without a valid permit
Referral date -
Decision Date 06 Aug 2025
Adjudicator Sean Stanton-Dunne
Appeal decision Appeal refused with recommendation
Direction Full penalty charge notice amount stated to be paid within 28 days.
Reasons Miss xxxxx has attended the hearing today by video link.
It is not in dispute that Miss xxxx’s car was parked in the permit holder only parking bay during the controlled hours. Miss xxxx appeals because she says that she held a valid resident’s permit for the period from 4 November 2023 to 3 November 2024 and that the permit was renewed on 27 October 2024.
The Council does not dispute that there was a valid permit for this period. The Council resists the appeal because the vehicle registration HJ20LUD had been removed from the permit on 5 August 2024 and was not added back until 10.11am on 22 August 2024. The Council says that there was, therefore, no permit for this vehicle when the PCN was issued.
The Council has provided a screenshot which confirms the removal of the vehicle registration. Miss xxxxx says that it was removed because a different vehicle was being used for this period. She has explained to me that she went on holiday and that vehicle registration HJ20LUD was left at the airport. Miss xxxxx says that she added her mother-in-law’s car to the permit in place of vehicle registration HJ20LUD as her mother-in-law was house sitting while she was away. Miss xxxxx says that she returned with the car to the property on the morning of 22 August and that the PCN was issued before she had the chance to go online to add the vehicle registration back to the permit.
Whilst there was, in strict legal terms, a contravention, this is clearly a very unfortunate situation where a resident has been diligent in having a permit in place and made a temporary alteration of vehicle details due to holiday arrangements. It is clear from Miss xxxxx’s evidence that she had just returned to the property and was going to add the normal registration back. In the circumstances, I am asking the Council to reconsider cancellation of the PCN.
Recommendation cancel the Penalty Charge Notice.
