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moggers
Hi there

Just wondering if you could help with this PCN. I have been given this parking ticket for parking in a residence bay despite haveing this health badge. Now it does allow you to park but only here:
Permit rules

Basically you can park almost anywhere that you might need except for ANY Permit holder bays (and estate parking, etc.) and can only park for 2 hours.

Reason I am point this out is that this is a RECENT change (from April) - and it is a badge i was given having applied for the old badge ('M') which allowed you to park in less places for longer (all day) but DID include any Parking Permit bays. There was scanty information provided with the badge at the time but as it was not the one that I applied for I intended to call to replace. They had actually, following an internal review (i.e. money-saving exercise, £10 vs £125) changed it in almost over night.

I have attached the PCN. Any ideas? I was going to ask for leniency on account of the recent changes. ...I know no chance ..its southwark!!

thanks for your help.



Bluedart

Now there's a funny thing!

I have asked Southwark some questions, needless to say they are very reluctant to answer.

There is procedural impropriety with their notices.

There is no reference to 32(b)(i) of the general appeals regulations.

It is certainly worth appealing, the more that do, the more it is likely that the fudges will realise there must be some ambiguity with the wording even if your appeal is unsucessful.
moggers
hi - thanks for your thoughts.

what so I appeal to say that there is a procedral impropriety?

worth also mentioning the other stuff? or does that confuse things?

thanks
Bagshot
Contravention did not occur.

So far as I am aware, the bays on De Crespigny Park are not residents' bays, they are permit holders only. Contravention should have been:

16 Parked in a permit space or zone without displaying a valid permit, not code 19 as on your PCN. Get a picture of the sign on the bay you parked in, if you can and post it up here. If you can't get back there, it may be that a kind pepipooer near Denmark Hill can find it for you.

moggers
thanks for that ....well I got this off the PCN website & a picture of the sign:





does that help?
Bagshot
Yup, that is very clearly Permit Holders Only. Given that the CEO has been trained, knows his contravention codes, and can read; why on earth did he think it was a residents' or shared use bay. Quite clearly it is neither.

By all means include everything you have in your representations, but I think this one kills the ticket.
Bluedart
QUOTE
QUOTE (Bagshot @ Sat, 8 Sep 2012 - 19:52) *

Yup, that is very clearly Permit Holders Only. Given that the CEO has been trained, knows his contravention codes, and can read; why on earth did he think it was a residents' or shared use bay. Quite clearly it is neither.

By all means include everything you have in your representations, but I think this one kills the ticket.

QUOTE
Given that the CEO has been trained, knows his contravention codes, and can read;

Who has been telling you porkies then?
Bogsy
PCN is pants. It implies that if you want to challenge it then you must do so "immediately". Complete hogwash. You can informally challenge a PCN at anytime before a Notice to Owner is served. This could take up to 6 months or more so hardly immediately. I concur with a Bluedart and Bagshot.

In any appeal simply say the PCN is incorrect as code 19 does not correlate with the adjacent signage and therefore the appropriate code is code 16 and the PCN fails to contain the information required under regulation 3(2)(b) of the 2007 Appeal Regulations.
moggers
Great thanks - just appealed on their website.

cheers all - will keep you posted iwth their response.
Bagshot
Always worth posting the text of an appeal here first for fine tuning.

No matter. Post it sometime if it suits.
moggers
yeah good point:

I would like to appeal this on a couple of grounds

Firstly that the contravention did not occur. The PCN is incorrect as code 19 does not correlate with the adjacent signage; i.e. Parking permit - therefore the appropriate code is code 16.

The PCN fails to contain the information required under regulation 3(2)(b) of the 2007 Appeal Regulations and also implies that I must respond "immediately" when in fact I may informally challenge at any stage prior to the Notice to Owner being served.

I would also add that the rules around the 'health' bdage have been confusing given the multiple changes over a short period of time from the M badge which I actually applied for in the first place and one that I have had voer the last couple of years.

Given the above, I respectfully request that you cancel this PCN.

sincerely
moggers
Woo hoo - southwark conceded!!!! thanks guys for your invaluable help!!!

I have rescanned letter as I inadvertently "resized" it when uploading.

now for the next couple!

bw
moggers

LETTER sent to me:
Bagshot
I can't read their letter, but well done.
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