19 December 2021

PCNs - exercise of discretion - #23 Lewisham

Lewisham Council told Mr Mustard which webpage to find the answer on but not within which item on that rather busy page.


On his third attempt Mr Mustard found what he was looking for, starting on page 39 of the Code of Practice (it wasn't within the Policy document where one would expect to find it). Mr Mustard has extracted the relevant pages for you.


Lewisham Council Parking Enforcement guidance notes by MisterMustard on Scribd


There aren't many statements of discretion / mitigation policy within this document. Mr Mustard doesn't lock horns with Lewisham very often so isn't going to spend much time digesting the content, but, a policy of refusing to accept ('in no circumstance') that your car has been taken without your consent when it has been, perhaps by the estranged partner that the council mention, is a policy of fettered discretion, the exact opposite of what they should do.

If you are in prison, perhaps on remand and in the end it turns out that you are not guilty, Lewisham Council will have let the PCN process continue to a bailiff who may remove your car and sell it whilst you are 'inside'. Another policy of fettered discretion and pretty unreasonable behaviour by a public body.

The end.

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