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#Post#: 73657--------------------------------------------------
Merton multiple PCN for parking without residents permit
By: adaze Date: May 28, 2025, 1:34 pm
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Evening All
On the 27/03/25 I realised I had received 2 PCNs (issued 25/03
and 26/0) for parking in a residents bay without a permit. My
residents permit had expired on the 17/03/25, not that I had
realised.
Merton has changed parking systems twice in recent years and no
reminder emails were sent (I checked, throughly) and the new
system started in November 2024, so I suspect my residents
permit wasn’t properly registered and so no reminder emails.
Being clearly in the wrong I appealed on the 27/03/25 under the
misguided belief that Merton would be sympathetic to their own
residents. There were no obvious issues with the original PCN
and I clearly thought I knew better than asking for advice.
Today, 28/05/25 I finally got a response telling me it was my
own fault and that they did send reminders (they didn’t). They
want me to pay both PCNs. No sympathy for Merton residents.
Is there are any scope for taking this further, or do I need to
suck it up. At the very least I will request the data they hold
on me and the reminders that weren't received, but if I ever
receive anything that would be outside of any reasonable
timeframe. And even then that would not be grounds for them
cancelling the PCNs. I know the answer, but wonder if there is
any scope for formal appeal and getting one of the two cancelled
at least?
Original PCNs
HTML https://imgur.com/a/1fjAdQq
[attachment deleted by admin]
#Post#: 73666--------------------------------------------------
Re: Merton multiple PCN for parking without residents permit
By: stamfordman Date: May 28, 2025, 2:44 pm
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There's a case that they should have issued lower level PCNs for
an expired permit but it seems you may have got a week's grace.
If they are saying reminder emails were sent they should be held
to that but the tribunal tends to view this as mitigation which
it can't consider, and you are responsible for renewing.
You could try paying the first and using the email issue to try
and get the second cancelled, and they will probably reoffer the
discount if they reject.
#Post#: 73669--------------------------------------------------
Re: Merton multiple PCN for parking without residents permit
By: adaze Date: May 28, 2025, 2:53 pm
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Good call on the paying one… seems like the best option.
Then wait for the Notice to Owner? And formal appeal on the
second?
#Post#: 73683--------------------------------------------------
Re: Merton multiple PCN for parking without residents permit
By: stamfordman Date: May 28, 2025, 4:36 pm
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Merton follows London Councils guidance that a lower level code
19 should be issued for an expired permit. The question is
whether they have a time policy after which it goes up to a
higher level code 12/16. We've seen 14 days but here it was 7
days so that may be their policy and of course you din't get a
PCN til then.
Wait and see if anyone else has any other ideas but the pay one
challenge second may be best.
#Post#: 73756--------------------------------------------------
Re: Merton multiple PCN for parking without residents permit
By: stamfordman Date: May 29, 2025, 6:11 am
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Case in point at tribunal yesterday.
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Case Details
Case reference
Appellant
Authority
VRM
PCN Details
PCN
Contravention date
Contravention time
Contravention location
Penalty amount
Contravention
Referral date
Decision Date
Adjudicator
Appeal decision
Direction
cancel the Penalty Charge Notice.
Reasons
This appeal was conducted over the videolink. I spoke to the
Appellant. The Enforcement Authority relied on the evidence
submitted in advance.
The agreed facts are that the vehicle was at the stated location
and a Penalty Charge Notice was issued; the Appellant says, and
I accept, that he did not receive the Penalty Charge Notice.
That however does not invalidate the charge.
The vehicle was parked in a permit bay and the Appellant’s
permit expired on 28 November 2024, 6 days before this Penalty
Charge Notice was issued, citing Code 12. Code 19 attracts a
lesser penalty.
The Civil Enforcement Handbook says this for Code 19:
“The contravention occurs when a vehicle waits in a residents’
or shared use parking place or zone displaying an invalid permit
voucher or pay and display ticket that would have been valid for
that parking scheme at some time or after the expiry of paid for
time”.
The Civil Enforcement Handbook says this for codes 12 and 19:
“If a previously valid permit has expired then code 19 should be
issued”.
The Penalty Charge Notice was issued citing a wrong code and it
is for this reason that I allow the appeal.
I note that the Appellant has paid several PCNs for this
contravention; the Authority may wish to consider issuing a
refund for some or all of the payments he has made.
#Post#: 73772--------------------------------------------------
Re: Merton multiple PCN for parking without residents permit
By: H C Andersen Date: May 29, 2025, 6:36 am
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Where are they getting adjudicators from?
'The Penalty Charge Notice was issued citing a wrong code and it
is for this reason that I allow the appeal.'
The regs don't require a code to be included in a PCN, the
requirements are 'grounds' and penalty being demanded. Decisions
should be clear as to the reasons i.e. not left to readers to
infer 'penalty exceeded..circumstances of the case' from wrong
code.
Since when has a departure from the CEO's Handbook been a
defence?
#Post#: 73776--------------------------------------------------
Re: Merton multiple PCN for parking without residents permit
By: stamfordman Date: May 29, 2025, 6:41 am
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I agree adjudicators are making a hash of lots of things.
But London councils do sign up to London Councils guidance.
#Post#: 75209--------------------------------------------------
Re: Merton multiple PCN for parking without residents permit
By: adaze Date: June 7, 2025, 3:10 am
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Interesting points on the code 19. I’ve checked and it is
included in Merton’s own Enforcement handbook.
“Notes:
Code 19 should only be issued if a permit that is or was valid
for that bay is used but is invalid at time of PCN due to:
It has expired
It is in the wrong vehicle
Obscured date/ VRM”
So it would seem that this is what should have been issued,
though there is no qualification on when a permit expired, only
that it was valid and has expired.
I suspect as Merton moved parking systems, there may have been
no record on the new system of my expired permit on the old
system.
If I went down a formal appeal route as HC Anderson says, is it
likely to be considered a tangible defence?
#Post#: 106099--------------------------------------------------
Re: Merton multiple PCN for parking without residents permit
By: adaze Date: January 15, 2026, 2:07 pm
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For those that might be interested. I tried this defence with
the London Tribunals. It has taken months, but finally had a
response - Refused.
The council changed permit system. So when they checked for an
expired permit found none, as the previous permit (expired 9
days previously) was on the old system, and they were checking
the new system. However the adjudicator was satisfied this was
sufficient.
Ultimately I was in the wrong. The council failed to send a
reminder, presumably to do with the system being replaced, but
this is not a defence. They also ticketed me twice before I
noticed. I felt irked as a resident that this was generally
unfair rather than materially incorrect.
The council were within their rights to fine me. Doesn’t stop me
being irked. I have set a reminder for this March to renew
though.
Text of the refusal here.
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