PCN Contravention 21 – ISLINGTON BAY SUSPENSION Options

[cc120]

I parked my car on my road, on 23rd Jan 2020, not directly outside my house but approx. 5 houses down, as is a busy road since Islington repositioned Arsenal stadium. Also there is now an Arsenal ticket booth shop across the road, approx. 15 houses down. On 6th Feb 2020, I found my car missing. As I saw a suspension notice for 3rd to 5th of Feb, (which was removed by the time I had walked up and down the road looking for my car) and bollards on the pavement around some builder’s works, I suspected the council moved my car. Unfortunately, they didn’t move it to another space on the same road, but around the corner, which I was informed when I rang the council.

I had to tear off the yellow sticker, the blue one came off easily, as I had an appointment.

Do I have any grounds for an appeal?

PCN FRONT

PCN BACK

SUSPENSION NOTICE

YELLOW STICKER

BLUE STICKER

This post has been edited by cc120: Mon, 10 Feb 2020 - 08:53

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[cc120]

I am challenging the PCN on the grounds that my car was legally parked in the bay with my residents permit before you suspended the bay. Therefore the contravention did not occur.

Please would you consult your suspension log to confirm that this was the case and note that you relocated the car, which I assume means that my car was indeed parked in the bay before you suspended it.

I look forward to your early cancellation of this PCN.


This bit:
I regularly check my car, but was unable to do so at my normal interval, but was not aware of the signs earlier in the week before the suspension.

is this true and why were you unable to check?

Thank you stamfordman.
I wasn't feeling well due to change of medication is why I was unable to check.

[hcandersen]

I wasn't feeling well due to change of medication is why I was unable to check.


So you were housebound for how many days exactly and if you intend to include this claim in any reps, particularly those requiring a statement of truth, what proof do you have of your incapacity?

This post has been edited by hcandersen: Thu, 13 Feb 2020 - 08:18

[cp8759]

The London Borough of Islington Traffic and Parking Services Enforcement Protocol states on page 21 that:

Warning notices are erected, where possible, a minimum 10 days prior to the suspension
commencement date detailing the dates the bays are suspended.

When did you become unwell? Do you have any evidence of this (sick note, time taken off work etc...)?

[hcandersen]

Not sick note!!!

This implies a visit to the doctor's and bang goes the 'couldn't look at my car argument', even more so if the doctor's is a car's journey away!

[stamfordman]

I would just send the challenge without volunteering an excuse for not checking unless there is clear evidence of being housebound.* It's within bounds of a 2 week holiday.

*E.g. Please note that I am currently largely housebound owing to xxxx and unable to check the car as regularly as I would like. Nevertheless I had ensured the car was parked legally.

This post has been edited by stamfordman: Thu, 13 Feb 2020 - 09:05

[cc120]

I would just send the challenge without volunteering an excuse for not checking unless there is clear evidence of being housebound.* It's within bounds of a 2 week holiday.

*E.g. Please note that I am currently largely housebound owing to xxxx and unable to check the car as regularly as I would like. Nevertheless I had ensured the car was parked legally.

Thank you stamfordman. I have emailed the appeal using your appeal text and omitted, as you advised, any excuse for not checking as I do not have evidence of being unwell.

I wasn't feeling well due to change of medication is why I was unable to check.


So you were housebound for how many days exactly and if you intend to include this claim in any reps, particularly those requiring a statement of truth, what proof do you have of your incapacity?

Thank you hcandersen. As I do not have any evidence, I emailed the appeal omitting an excuse as advised by stamfordman.

The London Borough of Islington Traffic and Parking Services Enforcement Protocol states on page 21 that:

Warning notices are erected, where possible, a minimum 10 days prior to the suspension
commencement date detailing the dates the bays are suspended.

When did you become unwell? Do you have any evidence of this (sick note, time taken off work etc...)?

Thank you cp8759. As I do not have any evidence, I emailed the appeal omitting an excuse as advised by stamfordman.

This post has been edited by cc120: Thu, 13 Feb 2020 - 11:40

[cc120]

The Islington automated response states 'We aim to respond within 20 working days' used to be 10 days.
Strangely I didn't receive an automated response until I resent today (14 02 2020) with the same email address as before but copied from a previous automated response from 5 years ago?!?!

[cc120]

On emailing my appeal, I received on Fri 14/02/2020 08:12 the usual confirmation ‘Thank you for your email which has been received by Islington Parking Services. Please accept this as an acknowledgement of your correspondence. We aim to respond within 20 working days. If you have not provided a Penalty Charge Notice (Parking Ticket) number starting with IZ or a Vehicle Registration Number (VRN), please resend your email with this information as we will be unable to process your enquiry without this. Thank you. Islington Parking Services, PO Box 2019, Pershore, WR10 9BN

It’s now 4 days over the 20 day period. What is the best thing to do?

[stamfordman]

Nothing to do except kept wait, as long as you challenged with the right details.

[cc120]

Nothing to do except kept wait, as long as you challenged with the right details.

Thank you stamfordman. Yes, pcn number and car reg included, though only one required.

[stamfordman]

We haven't asked - are you the keeper and is the V5C name and address up to date.

[cc120]

We haven't asked - are you the keeper and is the V5C name and address up to date.

A previous adviser did ask. I am the keeper and V5C name and address up to date.

[cc120]

Bad news I'm afraid :

"Issued 03/02/2020 at 08:41

Thank you for your email regarding the above Penalty Charge Notice (PCN) which was recently received at this office.

The PCN was issued for parking wholly or partly in a suspended bay or space.
You stated that your vehicle was legally parked in the bay with your resident permit before the bay was suspended. I would advise that the suspension signs were erected alongside the bay on 23 January 2020, several days before the suspension order was due to come into force. Therefore, sufficient advance notice was given to residents and drivers regarding the temporary change in restrictions.

Whilst I appreciate that you have a valid resident permit, the vehicle should have been moved before the suspension started and as advance warning was erected more than 10 days before the suspension started therefore the permit holder had sufficient time to arrange for the vehicle to be relocated.

Having reviewed the case, I am satisfied that the contravention occurred and I have not found any grounds to cancel the PCN.

As the PCN was issued correctly, payment is now due. I have decided that we can accept the discounted amount of £65.00 provided we receive that before 31 March 2020. Please bear in mind that on that date the charge will increase to £130.00.

If you wish to continue to contest the matter, the next stage is that a Notice to Owner will be sent to the person responsible for the penalty charge. This is a necessary legal step and further correspondence will only delay this process.

I am afraid you are unlikely to get a further opportunity to make discounted payment. However, the Notice to Owner will establish liability for the Penalty Charge Notice and the grounds under which representations may be made. If representations are made at this stage and they are rejected, there will be the right of appeal to an independent Environment and Traffic Adjudicator.

You can make a credit or debit card payment on our automated payment line on 020 7527 8000 at any time. You can also pay on line at www.islington.gov.uk. If you prefer to pay by cheque, please make it payable to LB Islington and send it to the above address. Please write the PCN number on the back of the cheque. You may also send postal orders (quoting the PCN number).
Yours sincerely

Rubina Khan
Correspondence & Appeals Officer

Correspondence and Appeals Officer
Traffic & Parking Services"

This post has been edited by cc120: Sat, 14 Mar 2020 - 19:45

[cp8759]

Show us exactly what you sent.

[cc120]

Show us exactly what you sent.

Hi cp8759, I sent:

Subject line: FW: IZXXXXXXX - APPEAL

Email body:

Address

Registration number : XXXX XXXX

13 February 2020


Dear Sir/Madam

I am challenging the PCN on the grounds that my car was legally parked in the bay with my residents permit before you suspended the bay. Therefore the contravention did not occur.

Please would you consult your suspension log to confirm that this was the case and note that you relocated the car, which I assume means that my car was indeed parked in the bay before you suspended it.

I look forward to your early cancellation of this PCN.

Yours faithfully

Xxxxxxx Xxxxxxxxxxx

[cp8759]

I can't see the council's photos anywhere on the thread, please post them up.

[cc120]

I can't see the council's photos anywhere on the thread, please post them up.

Here they are:

NOTICE
1
2
3
4
5
6
7

[cp8759]

Well in Alan Francis v London Borough of Tower Hamlets (2160242963, 11 July 2016) it was held that a 16 day period was not an unreasonable amount of time to leave a car parked, of course whether another adjudicator would agree that a period of 11 days is reasonable or not cannot be guaranteed.

It's notable the council says the signs were put up more than 10 days before the restrictions came into force, but no date is given. As your car was repositioned, it seems the council accepts your car was parked before the signs went up.

Personally I would carry on.

[cc120]

Well in Alan Francis v London Borough of Tower Hamlets (2160242963, 11 July 2016) it was held that a 16 day period was not an unreasonable amount of time to leave a car parked, of course whether another adjudicator would agree that a period of 11 days is reasonable or not cannot be guaranteed.

It's notable the council says the signs were put up more than 10 days before the restrictions came into force, but no date is given. As your car was repositioned, it seems the council accepts your car was parked before the signs went up.

Personally I would carry on.

Thank you cp8759, do you mean I should wait for a 'Notice to Owner' (if that is what it is called) or is it possible to send another appeal email?

[cp8759]

If you want to carry on you need to wait for the Notice to Owner, assuming you're the registered keeper and the V5C is up to date.