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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: H-M3 on July 23, 2025, 02:42:04 am

Title: Re: Tower Hamlets Code 16B
Post by: Incandescent on October 24, 2025, 11:52:15 am
OK, their system says it was sent, but we do see rather too many of these things happening.

You could try contacting them as I suggested, but you should still follow the legal process unless they voluntarily cancel the PCN, and send you the NtO again.
Title: Re: Tower Hamlets Code 16B
Post by: H-M3 on October 24, 2025, 10:59:10 am
Thanks for your prompt response as always. Checked on TH portal, it says they sent the NtK on 10/09/25. Never received it as I was waiting for it tbh.
Title: Re: Tower Hamlets Code 16B
Post by: Incandescent on October 23, 2025, 11:54:49 pm
It might be of benefit if you contact them to find out when they sent out the Notice to Owner, as you have received a Charge Certificate, but not NtO. This would be a side-bar to the regulated enforcement process, which is that you now wait for the Order for Recovery, following their registration of the debt at the Traffic Enforcement Centre (TEC). This allows you to submit a Witness Statement that you submitted representations but did not receive a letter of rejection. This is Form TE9 and would normally be enclosed with the OfR. They can register the debt after the period for paying the CC expires, but some councils can be quite tardy.

If you can, look on TH's website at the status of your PCN. It may provide an audit trail of the status, so would show you date the NtO was produced. If you have problems with mail please tell us, because your really do need to receive that Order for Recovery. After the end of the payment period for the CC, you need to become proactive and contact TEC about 7-10 days after it expires to check on whether the PCN has been registered. If it has you can download Form TE9, fill it in and send it off, without needing to receive the OfR.
Title: Re: Tower Hamlets Code 16B
Post by: H-M3 on October 23, 2025, 11:08:09 pm
Dear All.

After my informal challenge being refused I was not sent NTO as per their letter. However, today I received Charge certificate! Please help with some guidance.
Title: Re: Tower Hamlets Code 16B
Post by: H-M3 on August 08, 2025, 11:46:11 am
Thank you! They do have some heartless individuals as managers in these departments! I guess it’s all target driven and mostly revenue. I will once again need your kind assistance to draft a formal response soon.
Title: Re: Tower Hamlets Code 16B
Post by: Incandescent on August 08, 2025, 11:35:26 am
It's just a template rejection.

I'd be inclined to go on with this. They have a duty to act fairly given compelling mitigation.

If they force you to the tribunal, while an adjudicator can't apply mitigation, they can make a recommendation to cancel for parking PCNs (which can be ignored but would then be subject to complaint to the council CEO IMO).

[img width=595 height=841.99072265625]https://i.imgur.com/mQJPDQ0.jpeg[/img]
+1
It's the usual Fob-Off letter to informal representations.
Title: Re: Tower Hamlets Code 16B
Post by: stamfordman on August 08, 2025, 11:13:24 am
It's just a template rejection.

I'd be inclined to go on with this. They have a duty to act fairly given compelling mitigation.

If they force you to the tribunal, while an adjudicator can't apply mitigation, they can make a recommendation to cancel for parking PCNs (which can be ignored but would then be subject to complaint to the council CEO IMO).

(https://i.imgur.com/mQJPDQ0.jpeg)
Title: Re: Tower Hamlets Code 16B
Post by: H-M3 on August 08, 2025, 03:40:05 am
Hope this works…?

Thanks
Title: Re: Tower Hamlets Code 16B
Post by: Incandescent on August 08, 2025, 02:03:31 am
Scumbags refused my appeal. Now I have to make formal representations I guess? Any guidance please.
Post up their rejection letter, for a start.
Title: Re: Tower Hamlets Code 16B
Post by: H-M3 on August 08, 2025, 01:08:22 am
Scumbags refused my appeal. Now I have to make formal representations I guess? Any guidance please.
Title: Re: Tower Hamlets Code 16B
Post by: H-M3 on July 26, 2025, 03:01:32 pm
Brilliant!

Most obliged.
Title: Re: Tower Hamlets Code 16B
Post by: stamfordman on July 26, 2025, 02:39:02 pm
I think this is better. See what you think. I'd be tempted to enclose the death certificate simply because they often look at representations that are obviously made up but maybe do so if they reject at first stage.

-------

I am writing to ask you to kindly cancel this PCN owing to an honest mistake my partner made when returning from visiting her mother late at night, who was terminally ill with cancer at the Royal London Hospital and sadly died on xxxxx.

We have a permit for zone B and my partner, who is the primary driver, typically parks in Armagh Road, Old Ford Road or Parnell Road, but due to a lack of available spaces on this occasion, she had to park unfamiliar road and made an honest mistake with reading the signage, thinking our B permit was OK there.

On this particular day, my partner was extremely tired and emotionally distressed, which further impacted her ability to find a familiar parking spot in the early hours of 8 July. These visits were crucial and often occurred outside of normal hours, adding to the complexity of finding suitable parking.

Furthermore, my partner did not need to return to the car later that day. Had she done so, she would have noticed the business use and moved the car accordingly.

I hope you feel this warrants cancellation on compassionate grounds and an honest mistake made under severe stress by a local resident, and look forward to your positive reply.
Title: Re: Tower Hamlets Code 16B
Post by: H-M3 on July 25, 2025, 08:35:00 pm
I haven't forgotten this - will do by tomorrow.

The PCN date is 8 July so it's gone past the 14 day discount window anyway - they will almost certainly reoffer it if they reject though.
Thank you
Title: Re: Tower Hamlets Code 16B
Post by: stamfordman on July 25, 2025, 07:02:40 pm
I haven't forgotten this - will do by tomorrow.

The PCN date is 8 July so it's gone past the 14 day discount window anyway - they will almost certainly reoffer it if they reject though.
Title: Re: Tower Hamlets Code 16B
Post by: H-M3 on July 25, 2025, 12:28:47 am
This isn't quite right. I'll edit it later.
Thanks!
Title: Re: Tower Hamlets Code 16B
Post by: stamfordman on July 25, 2025, 12:09:16 am
This isn't quite right. I'll edit it later.
Title: Re: Tower Hamlets Code 16B
Post by: H-M3 on July 24, 2025, 08:13:07 pm
To Whom It May Concern,

I am writing to formally dispute the parking ticket issued to my vehicle on 08/07/2025 at Cardigan Road. As a resident permit holder (Permit B), I believe there are extenuating circumstances that should be considered in this case.

On the day in question, my partner, who is the primary driver, was unfamiliar with the road where the vehicle was parked. She typically parks in Armagh Road, Old Ford Road or Parnell Road, but due to a lack of available spaces, she was forced to park on an unfamiliar road.

Additionally, my partner was visiting her mother, who was an inpatient at the Royal London Hospital due to cancer and was in palliative care at the time. Sadly, her mother has since passed away. These visits were crucial and often occurred outside of normal hours, adding to the complexity of finding suitable parking.

On this particular day, my partner was extremely tired and emotionally distressed, which further impacted her ability to find a familiar parking spot. Given the lack of available spaces in our usual area, she had no choice but to park in an unfamiliar location.

Furthermore, my partner did not need to return to the car later that day. Had she done so, she would have noticed the business users and moved the car accordingly.

I kindly request that you consider these circumstances and revoke the parking ticket issued. Thank you for your understanding and consideration.

Title: Re: Tower Hamlets Code 16B
Post by: H C Andersen on July 24, 2025, 01:41:14 pm
+1

Put a draft together and post here.

You are asking them to exercise discretion, this should set the tone.

Some factors IMO:
Res permit holder;
Lack of familiarity with the road in question because she usually parks in ****;
Situation of her mother and your wife's supporting visits, even outside normal hours;
Tiredness, emotional state;
No spaces in normal road, left to park in unfamiliar road;
Why she didn't need to go to her car later - because she'd have seen the business users and moved the car.
Title: Re: Tower Hamlets Code 16B
Post by: John U.K. on July 24, 2025, 01:36:19 pm

Any suggestions?
Many thanks


Follow Stamfordman's suggestions in Reply#3 above.
Post your draft here for comment before sending, but do not miss deadline.
Title: Re: Tower Hamlets Code 16B
Post by: H-M3 on July 24, 2025, 12:21:23 pm
Trying to think about an argument....

So your wife doesn't live in the road concerned but regularly parks elsewhere , however because she returned late from visiting her mother at the hospital found all res permit places taken and had to trawl a wider area for a parking space..

Would this fit?
Any suggestions?
Many thanks
Title: Re: Tower Hamlets Code 16B
Post by: H-M3 on July 23, 2025, 08:07:59 pm
Trying to think about an argument....

So your wife doesn't live in the road concerned but regularly parks elsewhere , however because she returned late from visiting her mother at the hospital found all res permit places taken and had to trawl a wider area for a parking space..

Would this fit?
100%! Thanks
Title: Re: Tower Hamlets Code 16B
Post by: H C Andersen on July 23, 2025, 07:27:00 pm
Trying to think about an argument....

So your wife doesn't live in the road concerned but regularly parks elsewhere , however because she returned late from visiting her mother at the hospital found all res permit places taken and had to trawl a wider area for a parking space..

Would this fit?
Title: Re: Tower Hamlets Code 16B
Post by: H-M3 on July 23, 2025, 05:33:29 pm
Thanks. No she genuinely did not see the bottom part, she just read the first part and assumed it was fine.
Title: Re: Tower Hamlets Code 16B
Post by: H C Andersen on July 23, 2025, 05:22:02 pm
At this point, l can't see anything other than to ask them to exercise discretion and see what happens.

She arrived back, no doubt tired, couldn't find a res permit bay (there aren't any near where she parked, they're all so-called 'Business permit B1) so parked where she did because it was vacant, but she knew she'd done it(this is after all a thrice-weekly restriction) possibly even meant to move before restriction came into effect but forgot, or just didn't notice hence it was left for 5 hours while in contravention.

We don't know.

IMO, just draft the best you can and post here.



Title: Re: Tower Hamlets Code 16B
Post by: H-M3 on July 23, 2025, 04:06:06 pm
My apologies. The car was parked near our flat after she returned from visiting her mother. Hope that helps. Regards
Title: Re: Tower Hamlets Code 16B
Post by: H C Andersen on July 23, 2025, 03:57:28 pm
Hi, the car was parked approximately after midnight that same day.

Which implies a medical emergency as hospitals don't have midnight visiting hours.

I don't mean to pry, but we'll need more.

I'm assuming that parking was in the vicinity of the hospital, but to be clear was the car parked at the hospital or near where you live i.e. parked when your wife returned from the hospital?
Title: Re: Tower Hamlets Code 16B
Post by: H-M3 on July 23, 2025, 03:46:51 pm
OP, could you be more specific about when the car was parked pl and also post the back of the PCN. The PCN was issued at 11.38 which is over 5 hours into the restricted period. Whether it's possible to construct a 'circumstances beyond driver's control' argument is very fact specific.

And IMO there's no such contravention description as 'business permit holder':

Parked in a permit space or zone without a valid virtual permit or clearly displaying a valid physical permit where required


..is the mandated description with the requirement to add a suffix which specifies the type of restriction.
Hi, the car was parked approximately after midnight that same day.

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Title: Re: Tower Hamlets Code 16B
Post by: H C Andersen on July 23, 2025, 03:19:27 pm
OP, could you be more specific about when the car was parked pl and also post the back of the PCN. The PCN was issued at 11.38 which is over 5 hours into the restricted period. Whether it's possible to construct a 'circumstances beyond driver's control' argument is very fact specific.

And IMO there's no such contravention description as 'business permit holder':

Parked in a permit space or zone without a valid virtual permit or clearly displaying a valid physical permit where required


..is the mandated description with the requirement to add a suffix which specifies the type of restriction.
Title: Re: Tower Hamlets Code 16B
Post by: stamfordman on July 23, 2025, 01:01:07 pm
There is no 5 minute grace - you're thinking of guidance for CEOs to observe but that's only if they feel there may be exempt activity. Point is here the car wouldn't have moved and no sign of activity 5 mins later so it only makes sense to bring up lack of observation if you had exempt activity.
Title: Re: Tower Hamlets Code 16B
Post by: H-M3 on July 23, 2025, 11:55:25 am
Honestly I think the missus was really stressed as her mother was at last stages, also the area can be quite challenging after 5:30pm as there is always bays being suspended and limited spaces near our flat. I wanted to ask, is there any rule about 5 minutes observation before issuing the PCN. I ask as the photos don’t show the 5 minutes timeframe?
Regards
Title: Re: Tower Hamlets Code 16B
Post by: stamfordman on July 23, 2025, 11:50:45 am
I would make a polite ask for discretion on compassionate grounds saying it was an honest mistake by a local permit holder.

You can enclose a picture of the death certificate - they'd have to be pretty hard-hearted not to cancel.

Only point against you is why drive there if you live in the zone.

(https://i.ibb.co/fVmP14Wk/Screenshot-2025-07-23-at-11-46-02.png)
(https://i.ibb.co/F1tSfSx/Screenshot-2025-07-23-at-11-46-18.png)
(https://i.ibb.co/rKv0qpz3/Screenshot-2025-07-23-at-11-46-09.png)
(https://i.ibb.co/MDXQCn42/Screenshot-2025-07-23-at-11-46-31.png)
Title: Re: Tower Hamlets Code 16B
Post by: H-M3 on July 23, 2025, 11:35:41 am
Hiya.

Thanks for your reply, so basically our car has annual resident permit which allows us to park in any zone B in Tower hamlets. However, not on business bays during controlled hours. Missus was at the hospital and returned early hours and did not fully see the lower part of the signage. There are cctv cameras that are owned by the Council and if they really wanted to see they will see that she left the car at the spot early hours. The CEO picked the car up later during the morning. Hope that makes sense.
Thanks
Title: Re: Tower Hamlets Code 16B
Post by: Incandescent on July 23, 2025, 11:24:39 am
She's been walloped for parking in a business permit bay. A quick look along Cardigan St shows these are a restriction for business permit holders B1 on Tues, Thurs, Sat. On the other days, (MOn, Wed, Fri) the bay is Pay and Display, or permits B1.
https://maps.app.goo.gl/pByz7TaJxuCJAKDM8

So did she pay on the day she got the PCN ? You say you can park in ZOne B but the restriction is for B1
Title: Tower Hamlets Code 16B
Post by: H-M3 on July 23, 2025, 02:42:04 am
Good morning forum members!

Need some help on this PCN. Missus has been up and down the hospital due to her mum who sadly passed away few days ago. She didn’t realise the timing of the change of restrictions. The car has a valid permit that allows us to park in zone B but not on market days being Tuesday, Thursday and Saturday. Do we have any hope on this please. For now the PCN number is TT59553849 and the VRM is GY02VEU. I will try and upload the actual PCN, sorry my IT skills are limited. Thanks

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