2250258476
This is an appeal by Mr Khan (the Appellant) against a penalty charge notice (PCN) issued by the Enforcement Authority (EA) for parking in a restricted street during prohibited hours.
This was decided at a video hearing.
The EA states the Appellant’s vehicle was parked in Warley Street on 27 December 2024 at 09:33 hours. They state that the yellow line restrictions at the location apply from Monday to Friday 08:30 hours to 17:30 hours. The Civil Enforcement Officer’s (the CEO) evidence states that the PCN was issued after observing the vehicle parked with no activity between 09:28 hours to 09:33 hours. The CEO’s contemporaneous notes also state that they looked for a Blue Badge and none could be seen.
The EA has produced photographic evidence of the vehicle and the PCN affixed to the vehicle. They have also produced correspondence with the Appellant dated 23 January 2025 and 29 April 2025.
It is the Appellant’s case that no contravention occurred. In their representations the Appellant stated that their mother is a Blue Badge holder, of which they have provided evidence, and resides with the Appellant. They state that the Blue Badge was displayed correctly on the dashboard when they parked the car, but that the car was hit in the rear and the Blue Badge was displaced and fell on the floor. The Appellant has provided an invoice dated 12 April 2025 in relation to the repair of the damage caused.
The Appellant further asserts that it is unfair that the discounted penalty was not reoffered with the Notice to Owner, which they consider is procedural impropriety.
I am satisfied from the evidence that the contravention did occur. The Appellant’s vehicle was parked with no activity, and no Blue Badge was displayed on the vehicle.
I further find that the EA has responded to the Appellant within the appropriate timescales and there has been no procedural impropriety on their part. The photographic evidence taken by the CEO when they issued the PCN shows the PCN affixed to the Appellant’s vehicle and therefore the PCN was served for the purposes of Regulation 9 of The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022. The EA also extended the time for paying the discounted penalty on 23 January 2025 in their Notice of Rejection. In any event, I find that there is no requirement on the EA to offer the discounted penalty for any period beyond the time indicated in the PCN.
The matters raised by the appellant amount to mitigating circumstances, which have already been considered by the EA. They do not amount to a ground of appeal, or an exemption. An Adjudicator has no power to consider mitigation as decided by the Court of Appeal in Walmsley v Transport for London [2005] EWCA Civ 1540.
I therefore refuse the appeal and find that the penalty charge is payable.