Contravention Code 85

[Sethe]

I am am preparing an informal representation in response to a PCN. In retrospect, I've tracked down the evidence that supports the issuing of the PCN, but I believe I have a case to make. My mother and son live on a housing estate that is managed by a housing service. Although she is not a driver, my mother regularly buys, in person, 1 Calendar Day books of council issued permits for her visitors. When my son purchased his first vehicle, we used these council issued visitors' vouchers for parking on our estate (a temporary measure). BIG MISTAKE, as it turns out. When the first PCN appeared, we read the wording to mean that the permit was not clearly displayed. When the SECOND PCN was issued, our queries revealed the bigger context of the contravention. A Hackney Council permit is not valid on Hackney Homes managed land. This should be made more clear to everyone at the point of purchasing permits of either type.

Can I appeal on the basis that the 'seamless and fair'* estate permits and enforcement service being offered to residents living on our housing estate, by Hackney Council and Hackney Homes is confusing? After the event, the resident parking signage is evident, but we were convinced that a council permit displayed on the vehicle kept us, as residents, within the law. Do we have a case for an appeal?

 

*Parking & Enforcement Plan (2010-15), Consultation Draft p 41 Section 8.6

[Michael Browne]

Who issues the permits for your estate - Hackney Homes or Hackney Council?

 

Surely when applying for visitor permits, you have to supply evidence of your address, ie it should have alerted them as to which type of permit to issue?

[Sethe]

Thanks, Michael. That's my feeling. Why was my mother not advised? She's been paying for the more expensive Hackney Council permits for months if not years, while all the time she so clearly qualifies for the less expensive Hackney Homes permits. Mum pays her rent at the Hackney Council premises in Hillman Street so she automatically bought the permits from there too. It's only when I went to the same Hillman Street premises to query the PCN that I was told the reason for the PCN - wrong permit - and then I was directed to the Hackney Homes Neighbourhood premises in Well Street.

 

Before using the Hackney Council permit on the estate, the information on the back didn't deter us. It didn't say that the permit was not valid on the estate. The opening paragraph listed all the types of parking space available on the estate, so we were misled. Retrospectively, the prohibition is visibly spelt out on the council website.

[Jamberson]

So who issued the PCNs?

 

Are they headed "Penalty Charge Notice" or something else?

 

Do they have terms and conditions printed on them, outlining where they can be used?

[Michael Browne]

Looked at their website and unfortunately residents living on housing estates can also apply for visitor vouchers to park in (non-estate) on-street resident bays. ie there would be no reason to query the purchase.

 

If you are within the 14 day discount, still worth appealing. Elderly/confused resident?? did'nt realise the difference between the two visitor permits, have used these without problems for xx months/years. If she had known, would have bought Hackney Homes vouchers since they are cheaper. Ask that council use their discretion.

 

It's unlikely to succeed TBH, but you never know.

[Sethe]

I think it might be a lost cause, Jamberson. London Borough of Hackney issued the PCN (Traffic Management Act 2004). Maybe my brother might have better luck appealing. He's bigger than me! I'll look again, but I didn't see housing estates excluded in the terms and conditions printed on the Hackney Council 1 Day parking permit.

[Jamberson]

OK, so it's a real PCN not a private one.

 

I wouldn't expect the terms and conditions to say that housing estates are excluded. They should say where the permit may be used - if it's ambiguous, then that's a reasonable line of appeal. It may or may not work of course.