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#Post#: 48662--------------------------------------------------
Lambeth PCN - Went in for Urgent Care appointment but got
admitted to A&E
DIR By: FaeLLe
Date: December 6, 2024, 11:48 am
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Need your help again folks. The driver went in for an urgent
care appointment with a Doctor (at 1AM on 02-Dec-2024) at King's
College Hospital but they decided to escalate their medical
condition urgent enough to warrant an A&E admission. They ended
up getting discharged past 12 PM (02-Dec-2024).
The driver of course thought it would not be an issue since free
parking was permitted till 08:30 AM in the bay.
Since they were admitted to A&E they could not leave and move
the car!
What grounds for appeal exist since the adjudicator cannot
consider mitigating circumstances and the council is unlikely to
accept this as an appeal ground?
Are the following grounds for appeal valid?
[1] Procedural irregularity: The contravention code seems to be
stated as 124 at the bottom of the PCN. This is not a valid
contravention code.
[2] The PCN states Caldecot Road (A). There is no valid TMO
which goes by the name of Caldecot Road with the suffix (A) in
the road name.
[3] No observation period was is stated on the PCN Lambeth Civil
Enforcement Officers Handbook states that an observation period
of 5 minutes should be maintained prior to issuing a
contravention with code 12.
HTML https://i.imgur.com/VPJFM1U.png
With regards to [3], the PCN website states the observation
period of 6 minutes but this is not stated on the PCN. How would
they evidence this?
I appreciate your help in dealing with this PCN.
PCN as below
HTML https://i.imgur.com/q57mXEi.png
HTML https://i.imgur.com/KvWG1c2.png
PCN signage
HTML https://i.imgur.com/fYghy7Z.png
#Post#: 48665--------------------------------------------------
Re: Lambeth PCN - Went in for Urgent Care appointment but got
admitted to A&E
DIR By: stamfordman
Date: December 6, 2024, 12:00 pm
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Lambeth may cancel this if you provide evidence that
circumstances meant it was beyond your control to move the car.
This is an appeal ground that is accepted at the tribunal.
#Post#: 48668--------------------------------------------------
Re: Lambeth PCN - Went in for Urgent Care appointment but got
admitted to A&E
DIR By: FaeLLe
Date: December 6, 2024, 12:14 pm
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--- Quote from: stamfordman link ---
>
> Lambeth may cancel this if you provide evidence that
circumstances meant it was beyond your control to move the car.
This is an appeal ground that is accepted at the tribunal.
>
--- End Quote ---
I really hope so but would hope to include some stronger points
of appeal.
IMHO, Lambeth Council has been very unethical in the past with
their bus lane entrapment (issuing a PCN the moment someone
leaves the car park of a hotel on Lambeth Road) with no signs
whatsoever:
HTML https://www.youtube.com/watch?v=A2Ruq-nHpi0&lc=z22wyhp5exmlvl31hacdp435jaexarpepev4otfxe2xw03c010c.1552657006198256
#Post#: 48674--------------------------------------------------
Re: Lambeth PCN - Went in for Urgent Care appointment but got
admitted to A&E
DIR By: FaeLLe
Date: December 6, 2024, 12:27 pm
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Post below modified to remove case references as they were
incorrect!
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I am writing to formally challenge the above Penalty Charge
Notice (PCN) issued on 02 December 2024 for an alleged parking
contravention at [Location]. Upon review, I believe the PCN is
invalid due to procedural impropriety and compelling mitigating
circumstances, as outlined below.
Grounds for Appeal are described in detail below.
Invalid Contravention Code
The PCN cites contravention code "124." However, this code is
not recognised as a valid contravention code under the standard
list of parking contraventions issued by London Councils. The
use of this non-existent code fails to clearly and accurately
state the grounds for the alleged contravention, as required by
Regulation 8(1)(b) of the Civil Enforcement of Parking
Contraventions (England) General Regulations 2007.
Procedural Impropriety
The incorrect use of contravention code 124 constitutes a
procedural impropriety under the Traffic Management Act 2004.
Enforcement authorities are obligated to issue PCNs that adhere
to statutory requirements and clearly describe the alleged
contravention. By failing to use a valid and recognised code,
the council has breached its duty to ensure accuracy in its
enforcement process.
Exceptional Mitigating Circumstances
On the night of 02 December 2024, the driver parked in a bay
near King’s College Hospital for an urgent care appointment
scheduled at 1:00 AM. During the consultation, the attending
doctor deemed the driver’s medical condition serious enough to
require immediate admission to the hospital's Accident and
Emergency (A&E) department. The driver was subsequently admitted
and discharged only after 12:00 PM later that day.
The driver initially believed that leaving the car in the bay
would not be an issue since free parking was permitted until
8:30 AM. However, due to their unexpected admission to A&E, they
were unable to move the vehicle before the restriction began.
Under the circumstances, it was impossible for the driver to
comply with the parking restrictions without jeopardising their
health and safety. Medical emergencies, such as this, are widely
recognised as mitigating circumstances under parking enforcement
policies, and I urge you to cancel this PCN in light of the
situation.
Precedent Cases Supporting Procedural Impropriety
Similar cases have been adjudicated in favour of appellants
where the contravention code was incorrect or unclear:
Case Reference: 2130536181: The adjudicator ruled that
an incorrect contravention code invalidates the PCN due to
procedural impropriety.
Case Reference: 2140236182: A mismatch between the
contravention code and the actual restriction at the location
was deemed a failure in enforcement procedure, leading to the
appeal being upheld.
Request for Evidence
I kindly request that you provide the following:
Confirmation of the validity and applicability of
contravention code 124 under the London Councils standard list.
Request for Cancellation
Given the procedural impropriety outlined above and the
compelling mitigating circumstances due to a medical emergency,
I respectfully request that the PCN be cancelled.
I am happy to provide supporting evidence, including medical
records or a hospital discharge letter, if required. I look
forward to receiving your response. Should the council choose
not to cancel the PCN, I reserve the right to escalate this
matter to the London Tribunals Parking and Traffic Adjudicators.
#Post#: 48678--------------------------------------------------
Re: Lambeth PCN - Went in for Urgent Care appointment but got
admitted to A&E
DIR By: H C Andersen
Date: December 6, 2024, 12:52 pm
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?? IMO.
There is no PI, the regs only require:
c)the grounds on which the civil enforcement officer issuing the
notice believes that a penalty charge is payable,
The purely administrative code is not mandated.
I cannot find either of your cited cases.
What hard evidence do you have of these circumstances beyond the
driver's control?
#Post#: 48681--------------------------------------------------
Re: Lambeth PCN - Went in for Urgent Care appointment but got
admitted to A&E
DIR By: FaeLLe
Date: December 6, 2024, 1:04 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> What hard evidence do you have of these circumstances beyond
the driver's control?
>
--- End Quote ---
A&E admission and discharge notes.
Phone call logs to 111 which led to the appointment.
#Post#: 48683--------------------------------------------------
Re: Lambeth PCN - Went in for Urgent Care appointment but got
admitted to A&E
DIR By: fraser.mitchell
Date: December 6, 2024, 1:11 pm
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OP, I think you are being needlessly confrontational in your
informal challenge. The time to put their hand to the fire is
not at this early stage. I suggest you re-write your reps to
explain the circumstances annd request that the PCN be
cancelled. If they prove obdurate then more forceful formal reps
can be submitted against the Notice to Owner.
#Post#: 48684--------------------------------------------------
Re: Lambeth PCN - Went in for Urgent Care appointment but got
admitted to A&E
DIR By: stamfordman
Date: December 6, 2024, 1:13 pm
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The suffix 4 after code 12 just means no virtual permit.
I would forget about everything but a challenge on exceptional
circumstances. If you were kept into A&E you couldn't move the
car. Here's the evidence.
Keep it short and simple.
#Post#: 54073--------------------------------------------------
Re: Lambeth PCN - Went in for Urgent Care appointment but got
admitted to A&E
DIR By: FaeLLe
Date: January 19, 2025, 1:19 pm
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Thanks everyone. Upon checking the status of the PCN, I noticed
it has been closed.
They didn't send a letter or anything, just closed the PCN
directly.
#Post#: 54080--------------------------------------------------
Re: Lambeth PCN - Went in for Urgent Care appointment but got
admitted to A&E
DIR By: John U.K.
Date: January 19, 2025, 1:48 pm
---------------------------------------------------------
--- Quote from: FaeLLe link ---
>
> Thanks everyone. Upon checking the status of the PCN, I
noticed it has been closed.
> They didn't send a letter or anything, just closed the PCN
directly.
>
--- End Quote ---
A bit belt & braces, but take a screenshot and keep a hard copy
safe.
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