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#Post#: 58167--------------------------------------------------
Medway Code 19 Meadowbank - Resident Parking Permit Partially
Displayed
DIR By: El-Roi
Date: February 14, 2025, 3:38 pm
---------------------------------------------------------
Medway Code 19 Meadowbank - Resident Parking Permit Partially
Displayed
Hi Everyone,
Please, I need some advice about a Penalty Charge Notice (PCN) I
received, and I'm not sure whether I should challenge it further
or just pay the discounted amount before the 18th of February
deadline.
Here's what happened: I was issued a PCN for not displaying my
resident permit. The permit was on my dashboard but was
partially covered by another permit. This happened due to some
mitigating circumstances. I had just parked in front of my house
after a two-hour journey from London and urgently needed to use
the bathroom. I also have mobility issues, which makes it
difficult for me to move quickly, especially when climbing
stairs. I rushed inside, used the bathroom upstairs, and
returned to my car in less than 10 minutes to swap my permit and
collect my belongings—only to find a PCN on my windshield.
I called Medway Council's parking team and explained the
situation. The lady I spoke to assured me that they would cancel
the PCN if I appealed and provided proof of my resident permit.
I followed her advice, sent in my appeal, and attached a copy of
my permit. However, my appeal was rejected, which surprised me
because, in the past, Medway Council has been known to cancel
one PCN per year if a resident forgets to display their permit.
I’ve experienced this myself before, and they asked for proof of
the permit before cancelling the PCN.
I called several times trying to speak to the officer who gave
me the initial advice, I knew her name. I eventually spoke with
the same officer. This time, she seemed to backtrack on her
earlier assurance. She said it depends on the discretion of the
officer handling the appeal and that it's a personal decision.
When I mentioned the previous policy of cancellation on
submitting a valid resident permit; she said she’s only been in
the job for six months and downplayed her earlier advice. I
asked to speak to a manager to understand the change in policy,
she said she would request a call back as no one was available.
I haven’t received any call back yet (this was on Tuesday, 11th
February 25).
Another issue is that the rejection letter I received, signed by
Mr. Stokes, quoted the wrong penalty and discounted amounts. He
listed £70 and £35, but the actual amounts on the PCN are £50
and £25. Could this error make any difference to my case?
I’m now unsure whether to continue challenging this—possibly all
the way to a tribunal—or if I should just pay the discounted
rate before the deadline to avoid it increasing to the full
amount.
Any advice or suggestions on how to proceed would be greatly
appreciated.
Thanks in advance!
Link to all relevant documents and pictures
HTML https://ibb.co/album/QvcRMD
#Post#: 58171--------------------------------------------------
Re: Medway Code 19 Meadowbank - Resident Parking Permit
Partially Displayed
DIR By: stamfordman
Date: February 14, 2025, 5:09 pm
---------------------------------------------------------
What's happened is they've given you a lower level code 19 PCN
because presumably the CEO saw a permit that was valid but no
longer is. What is the other permit?
The rejection assumes no valid permit was there and has failed
to address the contravention and your challenge and told you the
wrong amount is due. Is that all they said?
I would go on with this. At most you are risking £25.
#Post#: 58221--------------------------------------------------
Re: Medway Code 19 Meadowbank - Resident Parking Permit
Partially Displayed
DIR By: JOJO1209
Date: February 15, 2025, 6:47 am
---------------------------------------------------------
--- Quote from: stamfordman link ---
>
> What's happened is they've given you a lower level code 19 PCN
because presumably the CEO saw a permit that was valid but no
longer is. What is the other permit?
>
> London Borough
>
>
> The rejection assumes no valid permit was there and has failed
to address the contravention and your challenge and told you the
wrong amount is due. Is that all they said?
>
> Yes. The Complete rejection letter is what I uploaded. I only
removed my personal details and the letter head.
> Sent him a copy of my current permit expiring 26.12.2025. He
acknowledged that in the rejection letter.
>
> I would go on with this. At most you are risking £25.
>
> On what basis am I likely to succeed. Please can you elaborate
so I can understand.
> Thanks
>
>
--- End Quote ---
[member=2249]stamfordman[/member]
" Medway serving you was visible" The Medway permit is larger
but no other details were visible.
My car is always parked at the same spot with my permit. So the
officer knows I have a valid permit. It was renewed to 26.12.25
I sent them a clear copy of my current Permit that was seen on
the car when the PCN was issued as advised by the officer I
spoke to.
No the CEO didn't see a Medway permit that was valid and no
longer is.
PCN issued on that road is usually £25 / £50. A few years ago
when a storm turned my permit over on the dashboard. It was
cancelled when I sent in a copy of the permit with my appeal
explaining the circumstances.
Just to be clear because the rejection letter quoted the wrong
amount payable will that make my chances of successfully taking
it further greater?
If yes please can you explain.
Thanks
#Post#: 58246--------------------------------------------------
Re: Medway Code 19 Meadowbank - Resident Parking Permit
Partially Displayed
DIR By: stamfordman
Date: February 15, 2025, 8:08 am
---------------------------------------------------------
Are you using two accounts here?
Anyway the facts are you were given a code 19 invalid permit in
a permit only bay. This usually means there is a permit but it's
invalid such as through expiry. It may be the CEO was just
confused by the clutter and should have issued a code 16 higher
level no valid permit.
But your permit was valid at the time so I would go on with
this, plus they've misled you with the rejection.
HTML https://i.ibb.co/S42jLV3W/med1.jpg
HTML https://i.ibb.co/4ZRFcqS7/med2.jpg
HTML https://i.ibb.co/QFmfJn61/med3.jpg
#Post#: 58535--------------------------------------------------
Re: Medway Code 19 Meadowbank - Resident Parking Permit
Partially Displayed
DIR By: El-Roi
Date: February 17, 2025, 7:54 am
---------------------------------------------------------
Is the correct grounds for appeal - "The alleged contravention
did not occur"
Should I ignore the "Mitigating circumstances" grounds which was
on the informal challenge and was not considered in the
rejection letter?
How do I address the misleading information on the rejection
letter? Is that sufficient to cancel the PCN. Just want to learn
/ understand incase I encounter such scenario in the future.
Will you help me draft a representation when I receive the NTO?
#Post#: 58539--------------------------------------------------
Re: Medway Code 19 Meadowbank - Resident Parking Permit
Partially Displayed
DIR By: stamfordman
Date: February 17, 2025, 8:09 am
---------------------------------------------------------
--- Quote from: El-Roi link ---
>
> Is the correct grounds for appeal - "The alleged contravention
did not occur"
>
> Should I ignore the "Mitigating circumstances" grounds which
was on the informal challenge and was not considered in the
rejection letter?
>
>
> How do I address the misleading information on the rejection
letter? Is that sufficient to cancel the PCN. Just want to learn
/ understand incase I encounter such scenario in the future.
>
> Will you help me draft a representation when I receive the
NTO?
>
--- End Quote ---
Yes the contravention did not occur and they misled themselves
into thinking another contravention did occur.
The permit you displayed was obscured but it wasn't invalid.
I will help you draft formal reps to the NTO. As I said this
isn't a big deal unless £25 is make or break...
Are you the registered keeper and is the V5C logbook up to date
with correct address?
#Post#: 58655--------------------------------------------------
Re: Medway Code 19 Meadowbank - Resident Parking Permit
Partially Displayed
DIR By: ivanleo
Date: February 17, 2025, 4:18 pm
---------------------------------------------------------
[member=3651]El-Roi[/member] the informal rejection clearly
demands an amount that exceeds the amount lawfully due, and that
is a statutory ground for cancellation.
In the meantime I'll get hold of the traffic order.
#Post#: 58687--------------------------------------------------
Re: Medway Code 19 Meadowbank - Resident Parking Permit
Partially Displayed
DIR By: H C Andersen
Date: February 18, 2025, 4:47 am
---------------------------------------------------------
OP, you have to make a choice.
If you are the registered keeper then you could either pay the
discount or continue. If the latter, you might be exposed to the
full penalty should your reps be unsuccessful.
As regards grounds, a strict interpretation of the regs means
that the contravention did not occur. This follows because the
authority accept that 'you have submitted a valid permit' and
yet have cited grounds precluded by this fact. However, this is
after the fact, IMO the key admission here as regards issuing
the PCN on the chosen grounds is 'I must also note that no
details of the permit are visible'.
As regards 'I must also note that.....CEOs within Medway do not
have the capability', they might say this, I couldn't possibly
comment!
#Post#: 58819--------------------------------------------------
Re: Medway Code 19 Meadowbank - Resident Parking Permit
Partially Displayed
DIR By: El-Roi
Date: February 18, 2025, 7:26 pm
---------------------------------------------------------
--- Quote from: cp8759 link ---
>
> [member=3651]El-Roi[/member] the informal rejection clearly
demands an amount that exceeds the amount lawfully due, and that
is a statutory ground for cancellation.
>
> Thanks
>
> I will wait for the NTO
>
> In the meantime I'll get hold of the traffic order.
>
--- End Quote ---
Appreciated.
#Post#: 58821--------------------------------------------------
Re: Medway Code 19 Meadowbank - Resident Parking Permit
Partially Displayed
DIR By: El-Roi
Date: February 18, 2025, 7:33 pm
---------------------------------------------------------
--- Quote from: stamfordman link ---
>
> [quote author=El-Roi link=topic=5127.msg58535#msg58535
date=1739800492]
> Is the correct grounds for appeal - "The alleged contravention
did not occur"
>
> Should I ignore the "Mitigating circumstances" grounds which
was on the informal challenge and was not considered in the
rejection letter?
>
>
> How do I address the misleading information on the rejection
letter? Is that sufficient to cancel the PCN. Just want to learn
/ understand incase I encounter such scenario in the future.
>
> Will you help me draft a representation when I receive the
NTO?
>
--- End Quote ---
Yes the contravention did not occur and they misled themselves
into thinking another contravention did occur.
Thanks for the confirmation
The permit you displayed was obscured but it wasn't invalid.
Correct. They have acknowledged that I submitted a valid permit
alongside my informal challenge in the rejection letter.
I will help you draft formal reps to the NTO. As I said this
isn't a big deal unless £25 is make or break...
Thanks. Appreciated
Funds are tight at the moment.I have a lot going on.
Are you the registered keeper and is the V5C logbook up to date
with correct address?
[/quote]
Yes
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