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Bromley PCN - Code 16
robertdc
post Thu, 11 Oct 2018 - 22:15
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Hello

I have a valid resident parking permit covering my road and was parked in a bay almost directly outside my home and marked as “Permit Holders Only”. This is significant as some bays are only for permit holders at certain times and outside those times become pay and display. This was a full-time resident parking bay.

I phoned the Council permit section who confirmed that my permit was valid at that location but nonetheless I was issued with a PCN stating contravention code 16 - Parked in a permit space without displaying a valid permit. I’m obviously planning to appeal this unwarranted PCN, although even that’s proving challenging because the Council’s website can’t locate my ticket so I’ve been told I’ll have to write in rather than appeal online - hence I can’t view any photos.

Anyway, I’m really just curious if Code 16 is valid given that Bromley Council don’t actually issue physical permits anymore. Of course, I have an email confirming my payment and notifying me of my permit number.

Thanks for any advice.

Robert
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post Thu, 11 Oct 2018 - 22:15
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stamfordman
post Thu, 11 Oct 2018 - 22:25
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Can you email parking? Sounds like an error on their part.

Is the VRM correct on the PCN?

Are you sure the virtual permit is live?
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Mad Mick V
post Fri, 12 Oct 2018 - 06:21
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This one is for Ealing but might help:-

2160373010

This PCN was issued for the alleged contravention of being parked in a resident's or shared use parking bay in Kingston Road at 9.58am on 13 May 2016 without either clearly displaying a valid permit or voucher or pay and display ticket issued for that place or without payment of the parking charge.

I have looked at the CEO's photographs and these show that Mr Mohammed's car was parked in a bay which was clearly signed as being for parking by permit holders only during the restricted hours of 8.30am to 6pm Mondays to Saturdays and 2pm to 6pm on Sundays.

The Council says in its case summary that it ceased to issue paper permits from 6 April 2016. Mr Mohammed's old permit had expired. If it is a physical impossibility to display a valid permit, then it cannot be an offence not to have a valid permit displayed.

I also accept the evidence of Mr Mohammed that the car engine had seized on 9 May 2016 and that the vehicle could not be moved until it was recovered on 21 May 2016. The vehicle was therefore prevented from being moved by circumstances beyond the driver's control when this PCN was issued.

Mick
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robertdc
post Fri, 12 Oct 2018 - 06:35
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Thanks. That was my thoughts exactly! Even though I will challenge based on the fact that I have a current resident permit, I suspected that impossible contravention would invalidate the PCN. Wonder if there’s an alternative code for failing to have a valid e-permit?

QUOTE (Mad Mick V @ Fri, 12 Oct 2018 - 07:21) *
This one is for Ealing but might help:-

2160373010

This PCN was issued for the alleged contravention of being parked in a resident's or shared use parking bay in Kingston Road at 9.58am on 13 May 2016 without either clearly displaying a valid permit or voucher or pay and display ticket issued for that place or without payment of the parking charge.

I have looked at the CEO's photographs and these show that Mr Mohammed's car was parked in a bay which was clearly signed as being for parking by permit holders only during the restricted hours of 8.30am to 6pm Mondays to Saturdays and 2pm to 6pm on Sundays.

The Council says in its case summary that it ceased to issue paper permits from 6 April 2016. Mr Mohammed's old permit had expired. If it is a physical impossibility to display a valid permit, then it cannot be an offence not to have a valid permit displayed.

I also accept the evidence of Mr Mohammed that the car engine had seized on 9 May 2016 and that the vehicle could not be moved until it was recovered on 21 May 2016. The vehicle was therefore prevented from being moved by circumstances beyond the driver's control when this PCN was issued.

Mick



Thanks. Yes, the permit is live until 07/09/2019 and the VRM (NI plate) was shown correctly.




QUOTE (stamfordman @ Thu, 11 Oct 2018 - 23:25) *
Can you email parking? Sounds like an error on their part.

Is the VRM correct on the PCN?

Are you sure the virtual permit is live?


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