Lambeth PCN while in heart surgery

[Ebonydeluxe]

Hiya all,

 

I just had my representation rejected by Lambeth. I explained that I was unable to pay for parking (have to pay between 12-2pm) as I was in surgery which was planned from 8am and I thought I would be out of surgery and able to pay if required.  As soon as I got out of surgery I paid, which was about 12:20. Unfortunately, I had already been issued a ticket but didn’t know because I was still in hospital.  I sent proof that I was in surgery and that I was still on the hospital ward.  Was surprised my appeal was rejected to be honest.  

The representation completely ignores my grounds for appealing and focuses on me paying too late, no reference to show they have considered I was in surgery so could not pay.

 

Is it worth waiting for the NTO? Or should I just pay the reduced £65 PCN? I really want to complain that my grounds of appeal have not been addressed. 
 

Thanks in advance.

[BankFodder]

Are there any grounds a further appeal? It probably might have been helpful if you had told them that you are vulnerable. They take a lot of notice when people mention this word

[Ebonydeluxe]

I only have the option to wait for NTO.  And I don’t want to end up paying £130.  I can still make formal representation when NTO arrives and adjudicator if that fails.  I’ll be too anxious with all this hanging over me.  But I guess that’s what Lambeth want to make sure people just pay the reduced rate.

[ericsbrother]

Whether you can rely on this depends upon the circumstances of how you could have paid before the prescribed time. So, I assume that you have free parking before a certain hour and then have to pay to park between the prescribed hours. Now if there is no way of paying in advance of this time then they are being unreasonable in not cancelling the charge as you wished to pay but couldnt.

 

There are PATAS determinations on this that will be helful for you so take soem time looking them up.

 

I am thinking of a particular test case where it wasnt possible to apy before 9am and someone parked at 0830 and paid for a number of hours but the machinery charged them form 0830 when it shouildnt have. As the machine want able to amke the necessary corrections there was no possibility the person could pay the correct amount.

 

If your situation is similar ( doesnt have to be identical) then you are likely to win an appeal so waiting for the NTO and then telling them you are appealing on this basis should make them thibk abot dropping the charge or get hit for costs for being unreasonable

[Ebonydeluxe]

On 21/02/2020 at 14:12, BankFodder said:

Are there any grounds a further appeal? It probably might have been helpful if you had told them that you are vulnerable. They take a lot of notice when people mention this word

Thank you.  I have put in a complaint with Lambeth.

[Ebonydeluxe]

10 minutes ago, ericsbrother said:

Whether you can rely on this depends upon the circumstances of how you could have paid before the prescribed time. So, I assume that you have free parking before a certain hour and then have to pay to park between the prescribed hours. Now if there is no way of paying in advance of this time then they are being unreasonable in not cancelling the charge as you wished to pay but couldnt.

There are PATAS determinations on this that will be helful for you so take soem time looking them up.

I am thinking of a particular test case where it wasnt possible to apy before 9am and someone parked at 0830 and paid for a number of hours but the machinery charged them form 0830 when it shouildnt have. As the machine want able to amke the necessary corrections there was no possibility the person could pay the correct amount.

If your situation is similar ( doesnt have to be identical) then you are likely to win an appeal so waiting for the NTO and then telling them you are appealing on this basis should make them thibk abot dropping the charge or get hit for costs for being unreasonable

Thank you for this.  I fully understand what you are saying.  I think it would have allowed me to pay in advance judging by the app when I have checked it now.  It is going to be hard to fork this money out if I have to pay.  Unfortunately, it is the difference between being able to do my weekly family shop and not.  
Thanks again for your detailed response.  It certainly helps to clarify why they are holding the position they are.  Still hurts though.
 

[ericsbrother]

you are not explaining yourself very well, what were the parking restrictions and what did you do when parking? Did youpay up until say 1200 and then get clobbered for staying after the allowed tiem or was there a restriction on parkinmg between teh hours of 1200 and say 1400. 

How you approach this will vary according to the situation, an overstay is harder to bat off but if the only way of paying is via an app then that is itself unfair on the punter and the law has something to say about that

 

[Ebonydeluxe]

3 hours ago, ericsbrother said:

you are not explaining yourself very well, what were the parking restrictions and what did you do when parking? Did youpay up until say 1200 and then get clobbered for staying after the allowed tiem or was there a restriction on parkinmg between teh hours of 1200 and say 1400. 

How you approach this will vary according to the situation, an overstay is harder to bat off but if the only way of paying is via an app then that is itself unfair on the punter and the law has something to say about that

 

Hi,

-There are restrictions on parking between 12-2pm.  You either pay or have to display a permit for this period.

-I parked my vehicle just before 8am.  It was free to park at this time.

-I thought I would be out of surgery and on a ward in a position to pay for parking via the app for 12pm.

-I now know that you are able to pay to park before 12pm and it will only charge you for the restricted period.

-As soon as I came out of surgery I paid.  This was at 12:24, ticket was issued at 12:16.

-You can pay via app, phone or machine.

-Response from Lambeth is that I should have parked according to the parking restrictions, so they are not budging from their position.

 

I hope this clarifies things somewhat.

[ericsbrother]

Their app should have declined your payment as you have effectivey mitigated your position. How long did yu pay to park for, the whole 2 hours and is the payment clearly for that period?

They wont see it this way because  they will lose money but if that is the deal whne you paid then there was no breach. The wording of  the conditions on the app wil be crucial.

[spaceman61]

On 27/02/2020 at 17:37, Ebonydeluxe said:

Thank you.  I have put in a complaint with Lambeth.

 

That's fine, but don't let that distract you from the statutory process. Make sure you read any and all correspondence from the authority and respond accordingly.

 

Stepping outside the statutory process rarely ends well!