Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: adaze on May 28, 2025, 07:34:04 pm
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Interesting points on the code 19. I’ve checked and it is included in Merton’s own Enforcement handbook.
“Notes:
Code 19 should only be issued if a permit that is or was valid for that bay is used but is invalid at time of PCN due to:
It has expired
It is in the wrong vehicle
Obscured date/ VRM”
So it would seem that this is what should have been issued, though there is no qualification on when a permit expired, only that it was valid and has expired.
I suspect as Merton moved parking systems, there may have been no record on the new system of my expired permit on the old system.
If I went down a formal appeal route as HC Anderson says, is it likely to be considered a tangible defence?
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I agree adjudicators are making a hash of lots of things.
But London councils do sign up to London Councils guidance.
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Where are they getting adjudicators from?
'The Penalty Charge Notice was issued citing a wrong code and it is for this reason that I allow the appeal.'
The regs don't require a code to be included in a PCN, the requirements are 'grounds' and penalty being demanded. Decisions should be clear as to the reasons i.e. not left to readers to infer 'penalty exceeded..circumstances of the case' from wrong code.
Since when has a departure from the CEO's Handbook been a defence?
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Case in point at tribunal yesterday.
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Case Details
Case reference 2250139320
Appellant xxxxx
Authority London Borough of Islington
VRM FY12OBT
PCN Details
PCN IZ33335996
Contravention date 04 Dec 2024
Contravention time 14:44:00
Contravention location Dove Road
Penalty amount GBP 130.00
Contravention Parked resident/shared use without a valid permit
Referral date -
Decision Date 28 May 2025
Adjudicator Anju Kaler
Appeal decision Appeal allowed
Direction
cancel the Penalty Charge Notice.
Reasons
This appeal was conducted over the videolink. I spoke to the Appellant. The Enforcement Authority relied on the evidence submitted in advance.
The agreed facts are that the vehicle was at the stated location and a Penalty Charge Notice was issued; the Appellant says, and I accept, that he did not receive the Penalty Charge Notice. That however does not invalidate the charge.
The vehicle was parked in a permit bay and the Appellant’s permit expired on 28 November 2024, 6 days before this Penalty Charge Notice was issued, citing Code 12. Code 19 attracts a lesser penalty.
The Civil Enforcement Handbook says this for Code 19:
“The contravention occurs when a vehicle waits in a residents’ or shared use parking place or zone displaying an invalid permit voucher or pay and display ticket that would have been valid for that parking scheme at some time or after the expiry of paid for time”.
The Civil Enforcement Handbook says this for codes 12 and 19:
“If a previously valid permit has expired then code 19 should be issued”.
The Penalty Charge Notice was issued citing a wrong code and it is for this reason that I allow the appeal.
I note that the Appellant has paid several PCNs for this contravention; the Authority may wish to consider issuing a refund for some or all of the payments he has made.
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Merton follows London Councils guidance that a lower level code 19 should be issued for an expired permit. The question is whether they have a time policy after which it goes up to a higher level code 12/16. We've seen 14 days but here it was 7 days so that may be their policy and of course you din't get a PCN til then.
Wait and see if anyone else has any other ideas but the pay one challenge second may be best.
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Good call on the paying one… seems like the best option.
Then wait for the Notice to Owner? And formal appeal on the second?
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There's a case that they should have issued lower level PCNs for an expired permit but it seems you may have got a week's grace.
If they are saying reminder emails were sent they should be held to that but the tribunal tends to view this as mitigation which it can't consider, and you are responsible for renewing.
You could try paying the first and using the email issue to try and get the second cancelled, and they will probably reoffer the discount if they reject.
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Evening All
On the 27/03/25 I realised I had received 2 PCNs (issued 25/03 and 26/0) for parking in a residents bay without a permit. My residents permit had expired on the 17/03/25, not that I had realised.
Merton has changed parking systems twice in recent years and no reminder emails were sent (I checked, throughly) and the new system started in November 2024, so I suspect my residents permit wasn’t properly registered and so no reminder emails.
Being clearly in the wrong I appealed on the 27/03/25 under the misguided belief that Merton would be sympathetic to their own residents. There were no obvious issues with the original PCN and I clearly thought I knew better than asking for advice.
Today, 28/05/25 I finally got a response telling me it was my own fault and that they did send reminders (they didn’t). They want me to pay both PCNs. No sympathy for Merton residents.
Is there are any scope for taking this further, or do I need to suck it up. At the very least I will request the data they hold on me and the reminders that weren't received, but if I ever receive anything that would be outside of any reasonable timeframe. And even then that would not be grounds for them cancelling the PCNs. I know the answer, but wonder if there is any scope for formal appeal and getting one of the two cancelled at least?
Original PCNs https://imgur.com/a/1fjAdQq
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