5 PCN's over 9 days. Broken down Vehicle.

[chipbutty]

Hi all,

 

Looking for some guidance regarding 5 legitimate?? (unsure)

PCN s on a broken down vehicle.

 

Scenario.

 

My sons car broke down away from his home.

He has a valid residents paid on street parking permit for his home.

but could not arrange a tow .

He tried one garage.... but no availability, until finally contacting an available garage 5 days later which was then free to tow and repair it .

He put a note in the vehicle windscreen to advise of breakdown.

 

He received 5 PCN's over nine days.

 

Could anyone guide on a suitable challenge? Please.

 

Also on legality of number of PCN's issued.

 

Many thanks . email me if allowed.

 

Cheers Steve.

[Michael Browne]

There is a standard exemption: A vehicle is prevented from moving by circumstances beyond driver's control

 

You would have to show docementary evidence of the tow and repair and also explain why it took 9 days to recover the vehicle

 

Since the vehicle did not move you can argue that the contravention was continuous and therefore only 1 pcn is enforceable.

[chipbutty]

Dear Michael,

 

Thank you, that is so helpful.

 

We have documentary evidence of the tow/repair.

 

My son has a valid reasons for time, as he tried one garage and they were too busy,

the other was also busy but did help when they were free. Also a marriage break up scenario.

Which he could offer if needs be as mitigation, as he is under duress.

That may "hold no water".. I know.

 

It is the following that I realize is the important :-

 

Regarding the 'standard exemption..'

 

Is there any statute that this appears in that we could quote? Or even a 'code of conduct' or good practice enforcers guide.?

 

Would be great if we could refer to anything in their statutes/guidance, especially also in relation to details regarding

'continuous contravention '...

 

I have no idea where to search for that, but what a letter we could put forward backed by your knowledge.

He obviously does not dispute the payment of one ticket.

 

One final query please. The notice in the windscreen that he left, would the enforcing officer have been obliged to take

photographs of that, in his remit. ?

 

You are a true gentleman.

 

Many Thanks

Steve.

[Michael Browne]

See exemption J on page 53 of th eCEO Handbook here:

https://www.londoncouncils.gov.uk/services/parking-services/parking-and-traffic/parking-information-professionals/civil-enforcement

 

 

 

 

 

The key appeal case on continuous contravention is this one 2110166557 - go to Londontribunals.org.uk and search in the Register of Appeals. The decision was as follows:

 

QUOTE

The authority's case is that the Appellant's vehicle was parked in a residents' parking place or zone displaying an invalid permit when in Lausanne Road on 4, 5, 6, 7, 8, 11, 12, 13, 15, 18, 19 and 21 January 2011 at 09.00. The Appellant's case is that the permit had not been renewed because they had not received a renewal notice from the authority. The Appellant and his wife were on holiday from 31 December 2010 until 23 January 2011 during which period the Penalty Charge Notices were incurred. I have considered the evidence and I find that the Appellant's vehicle was parked in a residents parking place displaying an invalid permit when in Lausanne Road on 4 January 2011. It is the Appellant's responsibility to renew their permit and they are not entitled to rely on the courtesy renewal letter, which may not have been received. However, I find that the Appellant's vehicle committed one contravention of parking in a residents' permit bay without clearly displaying a valid permit when in Lausanne Road on 4, 5, 6, 7, 8, 11, 12, 13, 15, 18, 19 and 21 January 2011. I find that one continuous contravention has occurred; the vehicle remains at the same location throughout the period these Penalty Charge Notices were issued. Further, I have taken into account that the residents' bay is operational from 8am to 6.30pm Monday to Saturday and I find that the situation would be the same if the residents' bay was operational 24 hours a day 7 days a week. There is no rule of law or regulation that entitles an authority to issue a penalty charge notice every 24 hours or as in some of these Penalty Charge Notices less than 24 hours. An enforcement authority has other powers at its disposal for a continuous contravention, such as removal. For the reasons given this appeal is allowed

 

 

 

 

 

 

The notice in the windscreen that he left, would the enforcing officer have been obliged to take

photographs of that, in his remit. ?

 

 

Go to the parking pages on council website and enter the reg and pcn no's to see what pics they have

[chipbutty]

WOW Michael,

 

Thank you for your time and experience/knowledge..

Just perfect.

More than 'the doctor ordered'...

 

I will draft the challenge tonight, I will keep you informed on this post, if it is allowed to stay open.

For you to see the results.

 

Kindest regards. Steve. (and son)...

[mariner51]

Whilst LLZ is a fightback Forum, it is illegal to park an unroadworthy vehicle on the Highway.

A mate with a towrope, or with the correct subscription, AA, RAC / Gren Flag could have recovered the vehicle.

It is rare for garage to decline recovery just because they could not start repair the same day.

By displaying a broken down vehicle Notice the Council could have impounded it and towed it to the Pound.

[Jamberson]

These things don't tend to work on legalities, so much as guidance from adjudicators, who issue reports to Councils, steering them on how to deal with matters when they arise. It's guidance, not binding rules, but Councils tend to follow as if they were rules, as they just co-operate with adjudicators normally.

 

 

 

I think you can cite the principle of proportionality. That is, the Council should not be applying a disporportionate penalty, and this has been established at adjudication many times. If a PCN is £80 and you get five, that's £400 - which is more than you would be fined for something much more serious, eg assault.

 

 

I am sceptical about your explanation, and I think the council will be too. If you try a garage and they can't tow it, you go straight to the next garage to enquire, then the next, or you call on a mate etc. You don't just leave it there day after day. I personally don't think the council will accept that as justification, so maybe have a think about what you tell them. If you are going to appeal on proportionality, and / or that only one contravention occurred, then you don't necessarily have to go into too much detail about the whys and wherefores.

 

 

I would also check with the Council that you have all the PCNs listed - there could be one of more which you don't know about (you said you have five, but over nine days). You need to cite all of them in the appeal - if you left one out, it wouldn't be considered and may then escalate.

 

 

 

In any case, be clear to ask that only the first PCN be charged and the rest cancelled. That's what I would expect them to do - just enforce the first one. If and when that is secure you can set about appealing that one, because of the breakdown, but I would do things in that order. Obviously if you get to that stage, the delay in removing the vehicle is unimportant because you're only dealing with day 1.

 

 

Please post your appeal up here before you send it, so someone can check it says the right things.