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3. I am making a collateral challenge on the grounds that the penalty charge discount amount date as published
on Lambeth’s website does not coincide with the 14 day period on the PCN itself. The PCN states:
“If the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the
amount of the penalty charge will be reduced by 50% to £80.” The end of the 14 day period would thus be 11
June.
Yet on your website [extract taken today 10 June] it states:
The amount outstanding on the Charge Notice will increase to £160.00 on Tue, 17 Jun 2025. Please pay £80.00
now.
Moreover, the website gives the date of issue of the PCN as 18 May (which is when the CCTV was recorded)
while the PCN itself bears the date 29 May. Taken together this is all clearly misleading. I refer you to a recent
case decided at the London Tribunal [224036272 decided 15 October 2024] on similar grounds i.e. where
Lambeth’s website was inconsistent with the information given on the PCN. The adjudicator Mr Houghton said:
“In bare summary the Appellant submits that the Council’s website was giving incorrect and/or confusing
information regarding payment dates……The motorist is entitled to have clear and correct information from a
Council as to what is required to be paid and when; and in my judgement these errors are serious enough for the
Appeal to be allowed on the basis of a collateral challenge.”
Just keep an account of all this stuff. If and when I get back from Kos(lost passport) I will be in touch. Actually, I almost forgot the internet too.
Second, and more importantly the vehicle is still moving out of the box junction when the CCTV footage stops. The Adjudicator must see the entire driving of the vehicle in and out of the box junction. I find this to be a serious omission.
PCN GT55538498
Contravention date 14 Jun 2013
Contravention time 16:50:00
Contravention location Purley Way/Croydon Road
Penalty amount GBP 130.00
Contravention Entering and stopping in a box junction
Referral date -
Decision Date 30 Nov 2013
Adjudicator Carl Teper
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice.
Reasons The Appellant has attended his appeal.
The authority's case is that the Appellant's vehicle was stopped in the box junction when prohibited when in Purley Way/Croydon Road on 14 June 2013 at 16.50.
The Appellant denies the contravention advancing a number of points.
However, I have allowed this appeal for the following reasons:
First, I find that the stopping, if it be that, is hardly perceptible.
Second, and more importantly the vehicle is still moving out of the box junction when the CCTV footage stops. The Adjudicator must see the entire driving of the vehicle in and out of the box junction. I find this to be a serious omission.
Third, in any event have considering the driving of the Appellant I do not find that this contravention is proved because I am not satisfied that there was any sufficient stopping that justified the issuing and prosecution of this contravention.
Taking these matters together I find that it would be unjust and inequitable to uphold this Penalty Charge Notice, which I find, is not proved.
The appeal is allowed.