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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: nasmin on March 03, 2025, 01:40:22 pm

Title: Re: Southwark, Code 12: Parking in a residents zone, East Dulwich Grove SE21
Post by: nasmin on April 02, 2025, 12:12:27 pm
Yes it is a discounted fee of £65
Title: Re: Southwark, Code 12: Parking in a residents zone, East Dulwich Grove SE21
Post by: Incandescent on April 02, 2025, 12:04:45 pm
Thanks for your response. Sounds like this isn't worth taking to appeal as no other responses.
Has the discount been re-offered ? I haven't seen any "slam-dunk win" argument so far, so I think it would be a gamble taking them to London Tribunals. Of course if the penalty is the full PCN penalty, it becomes a no-brainer to go to LT
Title: Re: Southwark, Code 12: Parking in a residents zone, East Dulwich Grove SE21
Post by: nasmin on April 02, 2025, 11:37:47 am
Thanks for your response. Sounds like this isn't worth taking to appeal as no other responses.
Title: Re: Southwark, Code 12: Parking in a residents zone, East Dulwich Grove SE21
Post by: stamfordman on March 31, 2025, 03:03:54 pm
The rejection rather fetters discretion in unable to consider and there is nonsense that you provided no mitigation when you did.

Medication could be seen as pre-ordered goods as well.

But maybe you'll have to take the discount. See what others say.

(https://i.imgur.com/tSUP64I.jpeg)
Title: Re: Southwark, Code 12: Parking in a residents zone, East Dulwich Grove SE21
Post by: nasmin on March 31, 2025, 02:02:51 pm
Hi All

I had a response to my appeal - it was rejected.

I attach the IMGUR link to view the response from Southwark Council

https://gbr01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fimgur.com%2Fa%2Fn7zYFeh&data=05%7C02%7Cnasmin.lappage%40nhs.net%7C718bb658964b4be2a14808dd7054373c%7C37c354b285b047f5b22207b48d774ee3%7C0%7C0%7C638790229191351492%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=ZJNkQDUSxVavX%2BbdTwgiHAOFgKFFdEX25Bz9spP6HII%3D&reserved=0

Question is it likely that this will be successful on appeal?

Any help appreciated
Title: Re: Southwark, Code 12: Parking in a residents zone, East Dulwich Grove SE21
Post by: nasmin on March 04, 2025, 06:16:32 pm
Thank you
Title: Re: Southwark, Code 12: Parking in a residents zone, East Dulwich Grove SE21
Post by: stamfordman on March 04, 2025, 06:08:29 pm
You can add:

The contravention on the PCN is also incorrect. It alleges the car was in a residents or shared use place but it was in an unspecified permit only bay.
Title: Re: Southwark, Code 12: Parking in a residents zone, East Dulwich Grove SE21
Post by: nasmin on March 04, 2025, 05:13:26 pm
Hi
There photos do show the car next to the sign unfortunately.
Could I use this by way of a response.

Dear Southwark,

I am writing to formally challenge the issuance of Parking Charge Notice [PCN Reference Number], which was issued to my vehicle [Your Vehicle Registration] on [Date] at [Location]. 

I was parked in a residents’ parking zone for a short period while collecting a prescription from the Tessa Jowell Health Centre. Unfortunately, there was no available parking at the centre, and given the necessity of collecting medication, I had no alternative but to park briefly on the nearby street. 

I would like to highlight the following mitigating factors: 

1. **Unavailability of Parking at the Centre** – The designated parking for the Tessa Jowell Centre was full at the time of my visit, leaving me with no practical alternative. 
2. **Minimal Duration of Stay** – I was parked for only a short period, just long enough to collect my prescription. 
3. **Medical Necessity** – The nature of my visit was to collect essential medication, which was time-sensitive. 
4. **No Obstruction or Disruption** – My vehicle was not causing an obstruction or preventing residents from parking. 


Furthermore, it is essential that a motorist knows when and what to pay at the times as stipulated by the statutory scheme. Since your website does not follow the scheme, this is a procedural impropriety.

In light of the above, please cancel the PCN.
Title: Re: Southwark, Code 12: Parking in a residents zone, East Dulwich Grove SE21
Post by: Hippocrates on March 04, 2025, 02:37:17 pm
I would try mitigation first: prescription.

Then: do their photos show the car next to the sign?

Then: it is essential that a motorist knows when and what to pay at the times as stipulated by the statutory scheme. Since your website does not follow the scheme, this is a procedural impropriety.

In light of the above, please cancel.
Title: Re: Southwark, Code 12: Parking in a residents zone, East Dulwich Grove SE21
Post by: nasmin on March 03, 2025, 10:53:33 pm
The dates on the website say payment by 20 March which is 21 days and not 14 days from the parking. Would you advise on what i need to say to challenge. Thank you.
Title: Re: Southwark, Code 12: Parking in a residents zone, East Dulwich Grove SE21
Post by: Hippocrates on March 03, 2025, 07:16:30 pm
Do not pay this please. Also, I would check the payment status on their website which will be wrong in terms of the dates most probably.
Title: Re: Southwark, Code 12: Parking in a residents zone, East Dulwich Grove SE21
Post by: nasmin on March 03, 2025, 05:01:23 pm
Worth a try by saying I was picking up a prescription?
Title: Re: Southwark, Code 12: Parking in a residents zone, East Dulwich Grove SE21
Post by: stamfordman on March 03, 2025, 04:53:33 pm
Worth a try as a prescription is preordered.
Title: Re: Southwark, Code 12: Parking in a residents zone, East Dulwich Grove SE21
Post by: nasmin on March 03, 2025, 04:51:52 pm
Stupidity- was gone for two mins whilst I picked up a prescription but appreciate that’s all it takes. Thanks
Title: Re: Southwark, Code 12: Parking in a residents zone, East Dulwich Grove SE21
Post by: stamfordman on March 03, 2025, 04:32:38 pm
So why did you park there. Nothing looks wrong with the PCN except ideally it should be a code 16 not 12.

(https://i.ibb.co/27dWNcd3/s1.jpg)
(https://i.ibb.co/WWdQ5zJQ/s2.jpg)
(https://i.ibb.co/BVjxW9PY/s3.jpg)

Title: Southwark, Code 12: Parking in a residents zone, East Dulwich Grove SE21
Post by: nasmin on March 03, 2025, 01:40:22 pm
Hi All
Before I pay this I wanted to check using your expertise that the is no wiggle room on this PCN with any valid arguments.

It was parked on a residents parking street and I didn't have a valid ticket.

https://imgur.com/a/3NhJDbE

The PCN increases in price on 20 March and was issued on the 27th February 2025

Thank you in advance