How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70303
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

Hello my name is***** and I have recently tried

Resolved Question:

Hello my name is***** and I have recently tried to appeal a parking ticket but was unsuccessful and was told I still have to pay the PCN which I think is unfair.
The PCN was in the Newham borough of London where my girlfriend lived and she applied for some visitors permits to park in the bays outside her flat which is zone S when the permits arrived there were 2 different permits ( all day and 6 hour ).
I started to use the all day permit which I checked and was for zone S and a couple of days later I used a 6 hour permit which I automatically thought would be for zone S as they came in the same order and I checked the all day permits which were correct but came down to my car to find a PCN had been issued because the 6 hour permit that was sent was for zone SNE so Newham council issued the wrong permits.
I would be very grateful if I could get some advice on this matter.
*****@******.***
Kind Regards,
Harjinder Singh
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 3 years ago.

where do I stand if Newham council have sent me the wrong permits and how do I fight this?

Expert:  Jo C. replied 3 years ago.
Thanks.
If you are saying that you have lost a decision of the Adjudicator then there is no further appeal for that save for an appeal on the basis of error in fact or in law or judicial review.
From what you say, I'm afraid neither of those apply. What this comes down to is an unfair fine rather than an unlawful one. Come what may, you were not displaying a correct permit. They are free to ticket on that basis and the PCN is good in law.
It is, of course, unfair in fact and it is surpirsing that LB Newham did continue with this on public interest grounds but they have and there is no way around that. I suppose one possible option is to judicially review their decision to continue. That would at least be nearer to the point that you want to make.
Judicial review is a very expensive option though. It can only be heard at the high court and you need to show procedural irregularity, bias or Wednesbury unreasonableness. Wednesbury unreasonableness means that no reasonable LB would have made the decision they did. That is a factual test so its an option but its a hard one to meet.
If its just that you have appealed to the Council and its been rejected then you have two further appeals. You do not have a defence in law but it is a good ground to ask them to use their discretionary powers to cancel the PCN so its worth further appealing.
I am very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Jo C. and 4 other Law Specialists are ready to help you