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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Cat_Lover88 on November 25, 2025, 06:09:45 pm

Title: Re: Lambeth, Code 02o, parked where loading restrictions apply, Cutcombe Road, Kings College Hospital
Post by: Cat_Lover88 on November 25, 2025, 07:50:20 pm

I'm not sure how the use of AI is viewed here, but would this be a suitable challenge to send?

Dear Sir or Madam,

I am making a formal representation against the above PCN. I request that Lambeth Council apply its discretion in accordance with both its internal policy and the wider guidance issued by London Councils’ Code of Practice on Civil Parking and Traffic Enforcement, especially in relation to disability, medical situations, and exceptional circumstances.

1. Medical-related purpose — recognised as valid mitigation under London Councils’ Code of Practice

The London Councils’ Code of Practice states that enforcement authorities must give proper consideration to representations and that discretion should be exercised where “compelling medical circumstances” exist.

On the date of the PCN, I was attending King’s College Hospital for the specific purpose of returning an oxygen-monitoring device that had been issued to me overnight for a sleep-apnea assessment. These devices are circulated between patients, so I returned it as soon as possible in order for other patients to benefit from it. This was not a discretionary trip, nor was I stopping for convenience: it was a direct medical return that formed part of ongoing clinical care.

Medical-related tasks, particularly those linked to NHS equipment distribution, fall well within the type of exceptional circumstances that the Code of Practice anticipates.

2. Disability-related mitigation — FSH muscular dystrophy severely limits my mobility

I am diagnosed with FSH muscular dystrophy, which has a significant effect on my mobility. Walking long distances can be extremely difficult and painful.

London Councils’ Code of Practice requires authorities to take special care with disabled motorists, including those with Blue Badges, and to consider whether the contravention arose due to mobility limitations that restricted the driver’s options.

Because of my condition, I must park as close as possible to essential destinations such as hospitals. This is exactly what I did, acting reasonably and in good faith.

I displayed my valid Blue Badge out of habit and necessity, not with the intention of disregarding restrictions.

3. Additional vulnerability — my wife was 8½ months pregnant

I was accompanied by my wife, who at the time was 8.5 months pregnant and also unable to walk far. This significantly reduced our ability to seek alternative parking or to access the hospital on foot from a distant location.

The Code of Practice recognises “compelling compassionate circumstances” and that public authorities have a broad discretionary power to cancel a PCN where enforcing it would be unreasonable or disproportionate.

4. Proportionality and discretion — London Tribunals principles

London Tribunals adjudicators often emphasise that authorities must consider:

Proportionality

Compassionate or medical necessity

Whether the motorist acted reasonably in difficult circumstances

Whether enforcement of the penalty would be unjust in light of disability or health issues

Given my disability, the urgent medical-related purpose, and the significant mobility needs of both myself and my pregnant wife, enforcing the PCN would be disproportionate.

I was not parked to obtain a benefit or convenience — I was carrying out a necessary return of hospital-issued equipment, had a genuine mobility impairment, and behaved in good faith.

5. Request for cancellation

In line with:

Lambeth Council’s discretionary policy on medical circumstances

London Councils’ Code of Practice

The general principles applied by London Tribunals

My clear medical and mobility-related needs

The clinically important reason for my stop at King’s College Hospital

I respectfully request that the PCN be cancelled.

I can provide supporting evidence if required, including:

My Blue Badge

Medical letters confirming my FSH muscular dystrophy

Evidence from the hospital regarding the oxygen monitor

Proof of my wife’s pregnancy at the time

Thank you for taking the time to consider these representations.

Yours sincerely,

Title: Re: Lambeth, Code 02o, parked where loading restrictions apply, Cutcombe Road, Kings College Hospital
Post by: Cat_Lover88 on November 25, 2025, 07:35:47 pm

Thanks for the quick response.

Yes, I did view the CEO's photos and I agree with you if I'm honest, but the lines are very worn, but I guess that doesn't have much of an impact.

Can I ak what you mean by alighting please?

In your last sentence are you suggesting to imply that we'd parked there understanding the restrictions were in place and that the BB was merely displayed out of habit? So just apply for mitgating circumstances based on our infirmities/the circumstances of needing to visit the hospital?

Title: Re: Lambeth, Code 02o, parked where loading restrictions apply, Cutcombe Road, Kings College Hospital
Post by: H C Andersen on November 25, 2025, 07:25:50 pm

Have you looked at the CEO's photos?

Sadly, IMO these sink you. There is a totally clear photo taken from behind your car, an aspect omitted from yours, which shows crystal clear double kerb blips (within the length of your car) which in themselves convey no loading 24/7.

You not knowing about loading precluding the use of a BB goes to mitigation only, I'm afraid.

However, alighting is an exemption irrespective of the loading restriction.

You should still make reps, based upon your and your wife's infirmity, you never know.

Try a draft here first, but pl don't confuse matters with reference to parking bays and assumptions. I suggest you refer to displaying the BB as being habit/belt and braces and not that you assumed that display of itself provided an exemption.

Title: Lambeth, Code 02o, parked where loading restrictions apply, Cutcombe Road, Kings College Hospital
Post by: Cat_Lover88 on November 25, 2025, 06:09:45 pm

Hi FTLA members, I'm seeking some advice/guidance on whether a PCN I recieved is valid, I'll provide the context and my reasoning below.

The contravention is for parking on double yellow lines where loading/unloading restrictions are applicable. I have FSH Muscular Dystrophy and was attending Kings College Hospital in Denmark Hill, London, to return an oxygen monitor that was loaned to me to monitor me overnight for sleep apnea.

I was also travelling with my wife who was also 8.5 months pregant at the time. So we both have very limited mobility, hence parking as closely to the hospital as we could.

 I parked on the corner of Cutcombe Road on double yellow lines and although I am close to the corner of the road, the roads are all one way so I assumed it might not be an issue since I would not be blocking any drivers leaving the junction. Although I have had a valid blue badge for a number of years, I was not aware of the the rules regarding loading restrictions being applicable to blue badge holders. In fact, I hadn't even seen curbs with the yellow markings before (I live in Kent, so we don't have many restrictions such as this).

Upon returning to the car, I noticed I had been given a PCN and of course was a little surprised to discover the rules regarding loading restrictions.

Whilst I can't disagree to the fact that I had broken the rules and therefore, the PCN could be valid, I do not feel the yellow marks and signage displayed on the road are not very clear at all. The yellow marks are barely visible and the loading restrictions sign is the smallest sign I've ever seen, diplayed above a no-entry sign that is at the end of a different road which could lead one to beleive it applies to that road instead. The sign also appears to have been turned in the direction of the other street.

There are also permit holder only/pay by phone bays all along the road, which unfortunately helped me assume that parking where I was, on double yellow lines would be ok with by blue badge.

Please let me know if there is any case to answer here or not, I'm not sure if I have a leg to stand on, but I do feel it could be worth a try.

Ticket Reference: LJ37066807

For some reason imgpile would not let me upload the PCN, so please see the Google Drive link below

https://drive.google.com/file/d/1etqYivof-FrggxC_qEUckeYoqunALDsx/view (https://drive.google.com/file/d/1etqYivof-FrggxC_qEUckeYoqunALDsx/view)

https://maps.app.goo.gl/Ef9eKMHKMTQNmS2V6 (https://maps.app.goo.gl/Ef9eKMHKMTQNmS2V6)

(https://cdn.imgpile.com/f/dakxa5i_xl.jpg)

(https://cdn.imgpile.com/f/XBZzXVJ_xl.jpg)

(https://cdn.imgpile.com/f/NKWpK9J_xl.jpg)

(https://cdn.imgpile.com/f/ktmMnO2_xl.jpg)

(https://cdn.imgpile.com/f/eDQYaiZ_xl.jpg)