Thanks for all the help, I will submit my representation today and will update this post in a few months when they reject it...

Hi, sorry not sure which page you mean?





How does this sound:

I am challenging PCN JK15110451 on two grounds: (1) the contravention did not occur, and (2) procedural impropriety.

The PCN alleges contravention code 51J – Failing to comply with a no entry restriction (camera enforcement). At the time of the incident, I was reversing into a permitted on-street bay, for which I hold a valid resident permit. I had driven past the bay, then reversed back into it. I did not drive forward through any restriction. While the video shows a no entry marking painted on the road, I was reversing and did not see this. The manoeuvre was a routine reverse park into a familiar bay, not a deliberate attempt to enter a restricted area.

I also note that this is not an isolated incident. In PCN JK1269838A, issued to another vehicle in similar circumstances, my car is already visible parked in the same bay in the footage. This not only shows that I use this bay regularly, but also suggests that vehicles are being routinely ticketed for what is in fact a common and lawful reverse parking manoeuvre. This raises concern that enforcement in this location is being applied unfairly or in a manner that does not reflect how the space is typically used.

Separately, the PCN contains a procedural impropriety. It states: “The Penalty Charge must be paid before the end of the period of 28 days beginning with the date of this notice" which is incorrect. Schedule 1, paragraphs 5(1) and 5(2)(a) of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 require the 28-day period to begin from the date of service of the notice. This misstatement shortens the statutory response time and is grounds for cancellation.

In light of both the facts and the procedural error, I request that the PCN be cancelled.

Thank you both for your responses. Having just gone through about 9 months of waiting etc before my last ticket vs Southwark was eventually cancelled I have very little hope of Southwark cancelling this ticket in the first instance - I think their default stance is to reject. Looking at the earlier case, it seems the camera just isn't calibrated properly or is in the wrong location (or they need to move the parking bay). But in the hope of this being a quick win and I can forget about it will the procedural impropriety be sufficient or do I also mention that I was just parking?

I've chatgpt'd a response - would this do? Thanks.

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I am writing to formally challenge the issuance of PCN [insert PCN number] on the grounds of procedural impropriety as defined under the Civil Enforcement of Parking Contraventions (England) General Regulations 2007.

The wording on the PCN states:

“If full payment has not been made before the end of the period of 28 days beginning with the date of this notice, a Charge Certificate may be issued increasing the amount outstanding by 50% to £195.00.”

This is factually and legally incorrect. Under Schedule 1, Paragraphs 1 and 2 of the aforementioned regulations, the 28-day period must begin with the date of service of the notice, not the date the notice is issued.

The date of service is legally defined as two working days after the notice is posted, and this misstatement effectively shortens the period during which I may lawfully make payment or representations. This amounts to a procedural impropriety, as the notice fails to comply with statutory requirements.

Given that the notice misstates my legal rights, I respectfully request that this PCN be cancelled immediately on the grounds of procedural impropriety.

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Thank you both for your help with this (and anyone else, difficult to see on my phone). Very frustrating all things considered. I think it's really underhand the way they go about these things considering the info I provided. Fyi in the massive evidence pack I was sent, printed in colour and in duplicate (great use of my council tax), they themselves stated that the parking areas at all southwark health clubs are classed as off-street, as we had informed them, and therefore had setting down not been allowed I still would've had them on that technicality. As suggested I do feel like complaining but not sure I've got the energy, I imagine it would be months of waiting and just fall on deaf ears.

Thanks again, it's much appreciated.

Morning.

I have finally had a response from Southwark Parking to my representation. I thought I kept a copy but I can't find it but essentially I responded to say:

- I had been dropping my daughter off for her swimming lesson, referencing "assisted boarding and alighting", which they discounted.
- I provided links https://streets.appyway.com/southwark and https://geomap.southwark.gov.uk/connect/analyst/mobile/#/main, which both show yellow lines ending outside the leisure centre but they only reference gmaps in their response.
- I included the link to the Gazette https://www.thegazette.co.uk/notice/2522269 which they said have no bearing on this.

Just to note that I noticed my first name was spelt incorrectly on my V5 which I hadn't noticed previously and which I have since updated so although they reference it in this letter, as I responded with the correct spelling and they flagged this, it's an error on my part not theirs.

Below is their response.





Any suggestions?

Thanks.

Apologies, yes I am still here however the notifications were going to junk mail. I've resolved that now so they will come to my inbox.

I can't remember exactly what I wrote and don't have a note of it but it was along the lines of what was suggested, i.e.

"On Thurs May 16th I took my 8-year old daughter to her lesson at the leisure centre and as normal I parked my car and escorted her to the centre, booked-in, handed her over to one of the instructors and returned directly to my car. I estimate that this took me no more than 5 minutes by which time the PCN had been issued. I can understand why the CEO issued the PCN because the car was unattended, none the less, escorting my daughter is permitted in these circumstances and I should be grateful if the authority would promptly confirm that they have cancelled the PCN."

I finally received a response from Southwark dated June 27th stating the following:

We acknowledge the receipt of your correspondence challenging the issue of the Penalty Charge Notice (PCN)
JK13368358.
We have carefully considered what you have said but we have decided not to cancel the PCN.
You were issued a PCN for parking on a double yellow line. Double yellow lines mean no parking at any time, except to load
or unload. However, the Civil Enforcement Officer (CEO) observed your vehicle and saw no loading or unloading taking place.
Because the rule applies 24 hours a day, seven days a week, double yellow lines do not need to be accompanied by a sign.
I have noted from your comments that your were dropping your daughter off to her swimming lesson.
I have also noted from your comments that you were gone for 5 minutes and the PCN was issued within 3 minutes.
Please be advised that as of the end of July 2023, when new enforcement protocols were agreed upon, the CEO only needs
to give a 2 minute observation period, instead of the 5 minutes previously given, and if no evidence of loading, and no driver
is seen the CEO can issue a PCN to the vehicle under current legislation.
If a vehicle is left unattended by the driver, it is considered to be parked which is prohibited on the double yellow lines.
In summary, after reviewing the CEO’s notes and photographic evidence (provided below) I can confirm that this PCN was
correctly issued and remains upheld.

I've missed the chance to pay the reduced amount now anyway so I may as well crack on. Next I should receive a notice to owner at some point and can then take it from there, although I don't know the process.

As you say, cp8759, there doesn't appear to be a restriction showing on https://streets.appyway.com/southwark nor on another system used in Southwark, https://geomap.southwark.gov.uk/connect/analyst/mobile/#/main so that may be proof enough?

Thanks for comments and info.

Much appreciated. Out of interest, do you have a link that states we're "entitled to rely upon an exemption to the blanket waiting restriction"? I haven't been able to find anything, I thought there was no such grace period on double yellows. I expect they won't accept that excuse and i'll have to risk it by taking it further. And also with my other query, I don't believe it's a street, it doesn't have a street name and isn't shown on any maps. It's off-street as far as I can tell so i'm not sure it's even a valid code. If I don't mention this in my first response and they reject on whatever basis would it then be too late to raise that point?