Author Topic: Islington - PCN whilst awaiting issue of permit  (Read 622 times)

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Islington - PCN whilst awaiting issue of permit
« on: »
I received a PCN on a courtesy car parked in a residential bay. Islington has a new system (an online portal) they require you to use to get a permit.

As the car was a courtesy vehicle, I used the portal to try and get a permit. The portal wasn't working (it kept on showing me an error - I unfortunately don't have evidence of this, which is why I didn't include it in my appeal), so I applied to add the courtesy vehicle onto my existing permit.

As per https://www.islington.gov.uk/parking/parking-permits/change-of-vehicle, it only provides guidelines for requests made by email, not on the portal. On the portal itself, it doesn't give any guidance that alternative arrangements need to made to be made. I therefore believed I would be fine as I didn't receive any correspondence that the permit hadn't been applied to the courtesy car.

My PCN appeal was the following:

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I applied for a permit to cover the vehicle, registration BG23XBY on 18/09/2023 on the ePermits portal (https://islington.tarantoportal.com/Permits/Account/Login). In the response to my original challenge, received 05/10/2023, Rebecca Hunston, Correspondence and Appeals Officer cited: 'Please be advised that the evidence you had provided was only an application, therefore, the permit was not transferred to the vehicle at the time the PCN was issued. If the driver intends to park their vehicle whilst waiting for a new permit to be transferred onto the vehicle, we’d expect them to seek out alternative parking until the new vehicle has been given a valid permit. After checking the permit system, I can confirm that this permit was transferred to the vehicle on the 19 September 2023 at 15:01, therefore, at the time the PCN was issued, no valid permit was attached to the vehicle, therefore I am satisfied that this PCN was issued correctly.'

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However, as per https://www.islington.gov.uk/parking/parking-permits/change-of-vehicle, the only reference to seek out alternative parking until the new vehicle has been given a new permit is for applicants submitting a request via email. These conditions can be found under

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While your email request is being processed. - If emailing your request, it will be completed within five working days. - You will be responsible for parking your new vehicle until you receive confirmation of this change from us. For example, you may consider using visitor vouchers or short-term parking via our Ringo App or Epay shops to allow you to park within prescribed hours
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As stated above, this request was registered on the ePortal, NOT via email. No mention is made on the website (https://www.islington.gov.uk/parking/parking-permits/change-of-vehicle) that the above conditions apply to applications via the ePermits portal. Indeed, the ePermits portal states
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TERMS AND CONDITIONS 5. Change of details, including refunds and additional vehicles and charges. Including use of temporary vehicles. It is your responsibility to change any details on your account. This includes address, vehicle or contact details.
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i. Change of address If you change address, you must update your details online. You will be required to provide proof as set out above. If the required documents are not available at the time, you must still make the change online, and submit the required documents within 21 days. Failure to do so may result in the permit being suspended or cancelled.
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ii. Permanent change of vehicle: If you wish to change a vehicle associated with your permit, you can make the change online. You are required to upload evidence as set out above. If you do not have the documentation available, you will l be permitted to use your new vehicle immediately. However, you will still be required to provide the documentation within 21 days. Failure to do so may result in your vehicle not being covered by your permit. Please note there may be a change in cost of the permit depending on the vehicle. In all cases the vehicle with the highest permit change will be used if you require multiple vehicles on a permit.
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iii. Adding a vehicle to your existing permit. You may add additional vehicles anytime your permit is valid, up to a maximum of 3 vehicles. You must go online and update your permit with additional vehicles. Please note, there may be a change in cost if the vehicle you are adding has a higher charge than the vehicles already on your permit.
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iv. Temporary cover or courtesy vehicle If you have the use of a temporary or courtesy vehicle you will need to go online and update your vehicle details. A temporary cover is only applicable for 21 days. There are a maximum of 3 temporary cover changes permitted in any 12-month period. There is no need to supply supporting documentation in relation to a temporary change of vehicle.
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No mention is made on seeking out alternative parking whilst the application is being processed. As such, this PCN is invalid based on the guidance provided by Islington council.

Islington rejected the appeal (see screenshots), stating that '...you were not advised on the portal that the vehicle would be added immediately or given any timescales for this. In the meantime you would be expected to pay for parking as you had not received confirmation that the vehicle had been added to the account."

I will therefore need to go to tribunal to challenge this - I'm very surprised my appeal was rejected, so would appreciate some support on getting this overturned.




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« Last Edit: February 03, 2024, 07:27:11 pm by cp8759 »

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Re: Islington - PCN whilst awaiting issue of permit
« Reply #1 on: »
Forget the website for the moment.

You hold a resident's permit, yes?

You would have been supplied with the Ts and Cs of the scheme at that time in writing, yes?

What do these state as regards adding additional/replacement* vehicles?

*- courtesy car suggests a garage, in which case how come you have a Notice of Rejection..this should be the garage's penalty(you were not the registered keeper).

If you've left out tranches of this story then pl fill these in e.g. did the garage receive the NTO and did they seek to rely on the car being hired and did they present the mandatory documents to the authority which are a pre-condition to this transfer and the legal power to issue a NTO in your name etc. etc??

Re: Islington - PCN whilst awaiting issue of permit
« Reply #2 on: »
I held a resident's permit (I no longer have a permit as I don't have a vehicle) - in my first post I included the terms. The only T&Cs I was provided is via the website, which says

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iii. Adding a vehicle to your existing permit. You may add additional vehicles anytime your permit is valid, up to a maximum of 3 vehicles. You must go online and update your permit with additional vehicles. Please note, there may be a change in cost if the vehicle you are adding has a higher charge than the vehicles already on your permit.

It was a 3rd party who owns the vehicle and they transferred liability (I asked them to do so), hence why I got the NTO. I asked for the transfer because I didn't want the fine to be paid and therefore lost my right of appeal.

No other relevant T&Cs have been provided by Islington, including no expectation and/or guidance on when a vehicle is covered.

It wasn't a permanent change in vehicle, just an addition.

Re: Islington - PCN whilst awaiting issue of permit
« Reply #3 on: »
@ds99bwood9 the transfer of liability is almost certainly unlawful (see the cases listed in rows 10 to 51 here), so we should be able to win on that regardless of anything else. The original point can be pursued as well.

I'm going to drop you a PM with an offer of representation.
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

Re: Islington - PCN whilst awaiting issue of permit
« Reply #4 on: »
Just wading through this.  :o
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r