Unfair Council Parking Ticket

Hi,

Can you assist with the below:

Statement of Events:
The driver entered the council-run car park at approximately 10:43 a.m. Upon entry, the driver observed a parking warden walking around the car park.

At 10:45 a.m. — roughly two minutes later — the driver purchased one hour of parking at the on-site machine. The car park uses a ticketless payment system, and evidence of payment is shown in the attached bank transaction record.

After making payment, the driver left the car park. At that time, the driver noticed that the warden was still walking near the vehicle.

When the driver returned to the car within the hour of paid parking, a Penalty Charge Notice (PCN) was found on the car. The driver then approached the same warden, who was still present, to query why a ticket had been issued.

Upon opening the ticket, it was seen that the PCN was issued at 10:45 a.m., which is exactly the same time as the parking payment was made.

The driver believes this is unfair, as the vehicle was not parked without payment — rather, the payment was processed at the same time the PCN was issued. The warden checked her tablet and confirmed the driver had indeed paid at 10:45am.

When this was explained to the warden, the warden declined to admit the error and denied it was her who gave the ticket, although she was the only warden at the vehicle at 10:45am.

I don't seem to have an option to attach images with the evidence. I described.
Apologies

Put images on

If the contravention is not paying or not having a valid ticket, and you complied with conditions such as correct location and VRM, then the contravention did not occur as you had a valid session when the PCN was issued as it's in minutes not seconds. In any case you are allowed time to register a ticket.

The warden checked her tablet and confirmed the driver had indeed paid at 10:45am.

When this was explained to the warden, the warden declined to admit the error and denied it was her who gave the ticket, although she was the only warden at the vehicle at 10:45am.


The driver believes this is unfair.

Really. Why?

IMO, it was probably inevitable unless a CEO's computer refreshes instantaneously!

AND once a PCN has been served a CEO MAY NOT rescind, for one thing they're not authorised under the council's Scheme of Delegation to cancel PCNs. So, what was the driver expecting?

So, forget umbrage and unfairness, just play a straight bat.

PCN states contravention at **** for non-payment of the parking charge. However, your own records show that payment was made at this time. The reason for this is that at the time the CEO was issuing the PCN I was at the payment machine making payment having arrived and parked only moments earlier.

Keep it at this level and tone IMO.

The evidence is here below:

https://ibb.co/Swyw7H4h
https://ibb.co/v6HJn5GJ
https://ibb.co/bg5Vmjty

How does the payment system work - the bank statement is not a parking app receipt.

There was a payment machine in the car park.

The driver paid using their debit card in which the bank app gives the time and date of when the transaction took place, coinciding with the time of contravention on the PCN at 10:45.

Had the driver entered the car park in the offending vehicle some time before the driver purchased a ticket, having seen the parking warden hovering around?

you have more than enough evidence that you made payment at the same time as the PCN was issued The council accepting it, i would not count on but other than an adjudicator brain fart they will. Do as HCA suggests it is the right tack to take

Well there's no observation on the PCN.

I presume you have to enter the VRM.

I see you can also use RingGo, which would be better for logging a session, or it says you can print a receipt.

But they presumably match your bank transaction to the VRM.

https://maidstone.gov.uk/home/primary-services/parking-and-streets/car-parks

The warden checked her tablet and confirmed the driver had indeed paid at 10:45am.

That's it IMO.

Good news.
They cancelled and dropped the ticket.

Nice win for the day

Thanks all

Good news.
They cancelled and dropped the ticket.

Nice win for the day

Thanks all

And so they should have !

But well done anyway; most people just cough-up.