Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: swanny65 on November 19, 2023, 10:31:34 am

Title: Re: Lincolnshire County Council, Code 12, Parked in a Residents Permit Area/Zone, Dunlop Street Lincoln. Offence: 17/10/
Post by: swanny65 on December 03, 2023, 04:47:14 pm

Hi
Good news. Lincolnshire County Council, while not accepting the picture above is of a parking permit, has applied discretion and allowed my son's appeal.
Thanks very much

Title: Re: Lincolnshire County Council, Code 12, Parked in a Residents Permit Area/Zone, Dunlop Street Lincoln. Offence: 17/10/
Post by: swanny65 on November 21, 2023, 07:26:49 pm

Thanks very much for your advice. I have emailed Lincolnshire County Council and will let you know the outcome. Much appreciated

Title: Re: Lincolnshire County Council, Code 12, Parked in a Residents Permit Area/Zone, Dunlop Street Lincoln. Offence: 17/10/
Post by: cp8759 on November 20, 2023, 12:14:14 am

We're at the notice to owner stage already so there are no informal reps, only formal ones.

These can be kept fairly simple:

Dear Lincolnshire County Council,

The alleged contravention did not occur, because a valid permit was on display, I attach a zoomed-in photo taken by the CEO, and also a seperate photo showing the permit. This is the first PCN received and no other PCN has been received before or since, which is to be expected as a valid permit has been obtained for this vehicle.

Furthermore while I appreciate the PCN was validly served, I did not find it on the car, therefore I lost the opportunity to pay the penalty at the discounted rate.

In the circumstances, please would you cancel the PCN.

Yours faithfully,

Send the representations online and keep a screenshot of the confirmation page.

Title: Re: Lincolnshire County Council, Code 12, Parked in a Residents Permit Area/Zone, Dunlop Street Lincoln. Offence: 17/10/
Post by: Incandescent on November 19, 2023, 11:17:13 am

Unfortunately, all your your points bar 5 all come down to mitigation. No 5, (permit on display), should get the PCN cancelled, because  the permit was on display as you show by zooming the council's own photo,

So submit informal reps on this basis, together with the zoomed photo and photo of the permit for comparison .  Then add in your other points, pointing out that everything was done in accordance with council requirements for resident permits.

Title: Lincolnshire County Council, Code 12, Parked in a Residents Permit Area/Zone, Dunlop Street Lincoln. Offence: 17/10/2023
Post by: swanny65 on November 19, 2023, 10:31:34 am

Hi

Moving this across from PePiPoo and thanks for the message.

My son has received a Notice to Owner in respect of a PCN. He is in his second year at Lincoln University. This year he is living in a shared house in Dunlop Street. He has taken his car with him to Lincoln. He moved into the house on 15/09/2023. We noticed it was a permit holders-only area and bought his parking permit that evening. The parking permit arrived and is valid from 01/09/2023 to 31/08/2024.

My son is adamant that the yellow penalty notice was not on the vehicle windscreen when he went to his vehicle, probably later on 17/10/2023. He is also adamant that no further yellow notices have been placed on his vehicle.

As requested I have uploaded photographs of the Notice to Owner letter, the CEO's photographs, a copy of his resident parking permit, and a zoomed-in photograph of the PCN photograph timed at 10:19:18 on 17/10/2023.

The zoomed-in photography appears to show his resident's parking permit was on display, please see the darker square image on the dashboard near the nearside wing mirror - my guess is it may have been face down.

Appreciate your expert opinions on the next steps:
1. It is a first offence.
2. He had only been living in Dunlop Street 5 weeks.
3. The permit was purchased immediately
4. He thought that the council would have the details of his vehicle on a database and would x-check if he ever made an error - his home address with us, is in an area where all the car parks use Ringo and he applied the same logic
5. Focus on the zoomed-in photograph as it may help his case

Thanks very much


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