This case looks similar and shows that while the tribunal can't apply mitigation an adjudicator can make a recommendation, here no doubt for blatant unfairness. The council doesn't have to accept it but if not it would raise the stakes for a complaint.
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Case reference 2250003442
Appellant Jonathan Sheril
Authority London Borough of Redbridge
VRM EY23VCK
PCN Details
PCN AF07973898
Contravention date 19 Sep 2024
Contravention time 11:22:00
Contravention location Spratt Hall Road
Penalty amount GBP 130.00
Contravention Parked resident/shared use without a valid permit
Referral date -
Decision Date 24 Feb 2025
Adjudicator Henry Michael Greenslade
Appeal decision Appeal refused with recommendation
Direction Full penalty charge notice amount stated to be paid within 28 days.
Reasons At this scheduled personal hearing the Appellant attended in person but the Enforcement Authority did not attend and were not represented.
A contravention can occur if a vehicle is parked in an on-street resident permit holder only parking bay during controlled hours, without clearly displaying a valid resident parking permit.
There appears to be no dispute that the vehicle was parked in this bay, or that the Penalty Charge Notice was issued to it, as shown in the photographs/digital images produced by the Enforcement Authority.
The Appellant’s case is that he had a valid permit, of which he has provided proof, but the Enforcement Authority no longer provide holders and it has just fallen down before the Penalty Charge Notice was issued.
I have had the opportunity of hearing the Appellant personally and find him to be a credible and convincing witness. I accept what he tells me but, unfortunately, that does not of itself amount to a valid ground of appeal as it does remain the responsibility of the motorist to check carefully on each occasion before leaving their vehicle, so as to ensure that they park only as permitted and that this will remain the position for as long as the vehicle will be there. This includes making sure that any badge, permit or voucher required to be displayed is properly validated and clearly visible from outside the vehicle.
The Adjudicator is only able to decide an appeal by making findings of fact on the basis of the evidence actually produced by the parties and applying relevant law.
Considering carefully all the evidence before me I must find as a fact that, on this particular occasion, a contravention did occur and the Penalty Charge Notice was properly issued.
Accordingly, this appeal must be refused.
The Court of Appeal has affirmed that the Adjudicator has no power to consider mitigating circumstances of any description. However, Regulation 7(
of the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 provides that if the Adjudicator does not allow the appeal but is satisfied that there are compelling reasons why, in the particular circumstances of the case, the notice to owner should be cancelled he may recommend the enforcement authority to cancel the notice to owner.
Having heard from the Appellant I am satisfied that there was a valid permit and that it was in the vehicle at the time, although not clearly visible and find that are in this case such compelling reasons and I recommend the Enforcement Authority cancel the Notice to Owner.
Recommendation cancel the Notice to Owner.
