London Borough of Harrow – Parked restricted street during prescribed hours

SITUATION

The appellant parked their vehicle in a restricted street during hours of restriction.


It was no doubt that the appellant may have carried out this contravention.

However, this contravention was not even debated by the adjudicator within this hearing.

This is because the Enforcement Authority (EA) carried out a major procedure impropriety. They issued an early charge certificate to the appellant.


WHY WAS IT ALLOWED?

The EA issued the appellant a charge certificate, even when the appellant had issued their appeal to the London Tribunals, within the rightful time period.

The appellant was so worried they even went over to the relevant office of the EA, with concerns and notified them.

Now you would think, as a result of being notified the EA would withdraw from the appeal. But hey…why would they miss out on an opportunity to squeeze out some money.

As a result of issuing a charge certificate without lawful authority, there was procedural impropriety on the part of the EA.