London Borough of Lambeth – Footway Parking

SITUATION

The appellant parked their vehicle on a footway and returned to the vehicle 3 days later. Upon their return, 3 Penalty Charge Notices (PCN) were affixed to the windscreen (1 for each day).


The appellant appealed the first PCN received on the first day, in a separate appeal, on the grounds of poor signage. However they lost that appeal.

Although the adjudicator recognised it as a genuine mistake, they are unable to rule based on that.

The second PCN received was cancelled by the Enforcement Authority (EA), since it was issued within 24 hours of the first PCN issued on the first day.

The third PCN the adjudicator again found the witness to be honest and credible who made a genuine mistake.


WHY WAS IT ALLOWED?

The contravention was described as a continuing contravention by the adjudicator. The EA have a duty to consider mitigating circumstances, that being the 2 PCN’S issued as a result of the continuing contravention.

They failed to do so in this case resulting in procedural impropriety.