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#Post#: 97012--------------------------------------------------
Re: Medway Code 19 Meadowbank - Resident Parking Permit
Partially Displayed
DIR By: H C Andersen
Date: November 6, 2025, 3:29 am
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Sorry OP, but you MUST post actual documents, not your
transpositions.
Trying to progress in an informed and controlled manner without
sight of docs is going to cause you extra work and more than
likely misinform us.
As regards what you've posted, I refer to this statement which
you say is in their response:
This statement is submitted in response to Jojo's appeal
We need to know exactly what you submitted prior to their letter
which, as you will see, makes no reference to the grounds of
procedural impropriety.
#Post#: 99001--------------------------------------------------
Re: Medway Code 19 Meadowbank - Resident Parking Permit
Partially Displayed
DIR By: JOJO1209
Date: November 20, 2025, 8:28 am
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[member=7392]H[/member] C Anderson
[member=2249]stamfordman[/member]
[member=1]cp8759[/member]
[member=6500]404BrainNotFound[/member]
Just seen your message.
I don't get notifications.
The hearing is tomorrow afternoon.
I will upload what I posted on my TPT Appeal.
Thanks in advance for your help.
#Post#: 99011--------------------------------------------------
Re: Medway Code 19 Meadowbank - Resident Parking Permit
Partially Displayed
DIR By: JOJO1209
Date: November 20, 2025, 8:45 am
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[member=7392]H[/member] C Anderson
[member=2249]stamfordman[/member]
[member=1]cp8759[/member]
[member=6500]404BrainNotFound[/member]
Details on what I lodged and the Authorities Response
MW92219104
26/08/2025
Meadowbank Road
19
30/12/2024 14:07
Parked in a residents' or shared use parking place or zone
either displaying an invalid permit or voucher or pay and
display ticket, or after the expiry of paid for time
£50.00
Adjudicator's reasons for registering:
The appeal is registered
Grounds of Appeal:
The penalty charge exceeded the relevant amount.
The authority made a procedural error.
The alleged parking contravention did not occur.
Explanation:
I will provide evidences and update my appeal submission below
later.
In the interim, I rely on my informal appeal and formal
representation, in addition to the appeal submission below.
I appeal this Penalty Charge Notice on three statutory grounds.
First, the alleged contravention did not occur. The PCN was
issued under contravention code 19, which concerns the display
of an invalid permit. I was at all material times the holder of
a valid residents permit issued by Medway Council. That permit
was on my dashboard when the PCN was issued, albeit it had
become partially obscured. An obscured permit is not an invalid
permit. It was valid in substance and in law, as the council
itself has acknowledged by accepting a copy of my permit in
correspondence. Since the alleged contravention presupposes the
permit was invalid, and it was not, the contravention cannot be
sustained.
Secondly, the penalty charge exceeded the amount applicable in
the circumstances of the case. In the rejection of my informal
challenge the council misstated the penalty level, asserting
that the full penalty was £70 and the reduced penalty £35. The
correct statutory amounts for contravention code 19 are £50 and
£25. Regulation 4(4)(e) of the Civil Enforcement of Parking
Contraventions (England) Representations and Appeals Regulations
2007 recognises this as a statutory ground. By demanding a
greater penalty than prescribed, the council acted unlawfully
and committed a procedural impropriety.
Thirdly, there has been a further procedural impropriety in the
handling of my formal representations. I attempted to make
representations within the statutory 28 days of the Notice to
Owner dated 8 July 2025. On 6 and 7 August 2025 I attempted to
submit them online but the council’s electronic system failed
repeatedly, generating error messages which I have preserved by
screenshots. I attempted telephone contact, without success. On
8 August 2025 I submitted my representations by email, attaching
the screenshots and my valid permit. On 11 August 2025, after
re-sending the same email when initially told it had not been
received, I was informed the council did have both emails on
file. Nevertheless on 11 August 2025 the council issued a Charge
Certificate. This was unlawful. Regulation 5(2)(a) of the 2007
Regulations imposes a duty on the authority to consider any
representations made within the statutory period and to serve a
notice of acceptance or of rejection. Issuing a Charge
Certificate in the face of timely representations is a clear
procedural impropriety.
It is also relevant that a member of the council’s parking staff
initially gave me an assurance that if I produced proof of my
valid permit the PCN would be cancelled. I relied on that
assurance, which reflects the council’s past practice of
cancelling one PCN per year for residents upon proof of a valid
permit. The subsequent reversal of that position is inconsistent
with the principle of legitimate expectation, as recognised in R
v North and East Devon Health Authority ex parte Coughlan [2001]
QB 213, where the Court of Appeal held that public authorities
must honour substantive assurances absent overriding policy
considerations.
In summary, the contravention did not occur, the penalty
exceeded the amount due, and there has been procedural
impropriety. I therefore respectfully invite the adjudicator to
allow this appeal and direct that the PCN be cancelled in full.
Read less
Authority Information▼
Authority Summary:
This statement is submitted in response to Ms Jo Wilson's appeal
against the Penalty Charge Notice issued for parking in a permit
space without displaying a valid permit during prescribed hours.
Ms Wilson's argument that she had displayed, albeit partially
obscured, and is the holder of a valid permit to park in a
designated parking area, is not upheld by the photographic
evidence taken at the time of the contravention as this permit
was obscured to the point that no relevant details (expiry date,
zone, vehicle registration) could be seen, by a permit for
Croydon (not valid in Medway), the permit is not, therefore,
clearly displayed for inspection by the Civil Enforcement
Officer and becomes invalid.
The terms & conditions of the permit clearly state ' The permit
is only valid if displayed in a conspicuous position on the
front windscreen of the vehicle for which it was issued. A
Penalty Charge Notice will be issued for not displaying a valid
permit or not displaying it clearly to enable verification'
In summary, the contravention is clearly observed in the
photographic evidence, specifically Item 2. The vehicle is
clearly parked without claerly displaying a valid permit for the
space where it was parked, which constitutes a breach of the
relevant regulations. The explanations provided by the appellant
do not align with the legal requirements or the evidence
available.
In conclusion, the contravention is supported by clear visual
evidence, and no mitigating circumstances have been provided
that would warrant cancellation of the Penalty Charge Notice.
The Council respectfully requests that the appeal be refused.
#Post#: 99033--------------------------------------------------
Re: Medway Code 19 Meadowbank - Resident Parking Permit
Partially Displayed
DIR By: H C Andersen
Date: November 20, 2025, 10:26 am
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What you should do to bolster your argument re validity is to
refer to, quote verbatim and shoot down their evidence.
as this permit was obscured to the point that no relevant
details (expiry date, zone, vehicle registration) could be seen,
by a permit for Croydon (not valid in Medway), the permit is
not, therefore, clearly displayed for inspection by the Civil
Enforcement Officer and becomes invalid.
Clearly shows that the authority believe that a valid permit
which is not 'clearly displayed' 'becomes invalid'...which
totally conflicts with their later statement that 'A Penalty
Charge Notice will be issued for not displaying a valid permit
or not displaying it clearly to enable verification'..because
these were not the contravention grounds under which the PCN was
issued but rather '.....invalid..'.
#Post#: 99048--------------------------------------------------
Re: Medway Code 19 Meadowbank - Resident Parking Permit
Partially Displayed
DIR By: JOJO1209
Date: November 20, 2025, 12:22 pm
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Should the CC have been CC16 instead of CC19?
What should have been the correct CC based on their argument?
Does anyone have any templates or guidance that I can use to
prepare my bundle and a detailed script that I can use for the
hearing?
Thanks
#Post#: 99052--------------------------------------------------
Re: Medway Code 19 Meadowbank - Resident Parking Permit
Partially Displayed
DIR By: H C Andersen
Date: November 20, 2025, 12:45 pm
---------------------------------------------------------
Codes are not mandatory, they're administrative.
The regs require that a PCN must state 'the grounds'. The
contravention description is a major part of these.
This is not the Supreme Court, you don't need detailed written
submissions, just put your argument forward in a personal and
common-sense manner. IMO, use it as an aide-memoire.
#Post#: 99072--------------------------------------------------
Re: Medway Code 19 Meadowbank - Resident Parking Permit
Partially Displayed
DIR By: JOJO1209
Date: November 20, 2025, 3:53 pm
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[member=7392]H[/member] C Anderson
[member=2249]stamfordman[/member]
[member=1]cp8759[/member]
[member=6500]404BrainNotFound[/member]
Mitigating circumstances - Mobility Issues
In my informal appeal, I explained that I have mobility issues
which prevented me from returning to my car in time. The council
rejected it, stating that the CEO had already given extra
observation time (4 mins instead of 2). They did not ask for any
evidence at that stage.
Now, in their TPT case summary, they state: "In conclusion, the
contravention is supported by clear visual evidence, and no
mitigating circumstances have been provided that would warrant
cancellation of the Penalty Charge Notice.”
This seems to be their main argument. However, I do have
evidence:
• My mobility issue worsened around that time, and I attended
A&E on 05.01.2025 for my lower limbs. I have the A&E report
showing I had X-rays and was given medication.
• I am also currently attending physiotherapy for this
condition.
My specific questions are:
1. Should I explicitly address the council's "no mitigating
circumstances" claim head-on in my submission?
2. Is this A&E evidence strong enough to serve as the formal
proof the council says is missing?
3. What is the most effective way to present this? Should I just
state the facts, or should I explicitly point out that the
council is wrong?
Any insights on how to frame this would be greatly appreciated.
Thanks in advance
Link to my informal appeal and the authorities' response
HTML https://ibb.co/Z6bYCdJb
HTML https://ibb.co/Rpb4p05p
#Post#: 99079--------------------------------------------------
Re: Medway Code 19 Meadowbank - Resident Parking Permit
Partially Displayed
DIR By: ivanleo
Date: November 20, 2025, 5:13 pm
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The tribunal has no power to allow an appeal based on mitigating
circumstances, the most they can do is ask the council to
reconsider but if the council still refuses to cancel, there's
nothing the adjudicator can do about it. It doesn't matter how
compelling the mitigation is.
#Post#: 99144--------------------------------------------------
Re: Medway Code 19 Meadowbank - Resident Parking Permit
Partially Displayed
DIR By: JOJO1209
Date: November 21, 2025, 6:45 am
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Thanks for the clarification.
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