London Borough of Croydon – Parked in a restricted area in a car park


SITUATION

The Enforcement Authority (EA) claimed the appellant parked within a restricted area, in a car park.


In addition, the appellant was not parked within a bay, they were parked on a badly degraded yellow line, within the car park area.


WHY WAS IT ALLOWED?

The EA submitted evidence on the basis the vehicle was not parked in a bay. However, this was not what was written on the original Penalty Charge Notice (PCN). Therefore they cannot pursue that argument.

The adjudicator made an interesting point. They stated that a contravention may well have occurred in this case (Contravention Code 24: Not parked correctly within the markings of the bay or space), but it was not stated on the PCN therefore they cannot rule on that basis.

There was no evidence of the area where the appellants vehicle was parked was ‘restricted’ (i.e through appropriate signage).

Therefore the contravention did not occur.