Free Traffic Legal Advice

Guys,

I was only in the shop for about two minutes, so I didn't see the point in getting a ticket for an hour. When I came back out, the warden had already started printing the PCN. I explained that I'd literally only been in the shop for a couple of minutes, but he said he couldn't cancel it. What I found strange is that I've previously had a warden at the same location cancel a PCN even after it had been printed. 

The warden then walked away holding the PCN, I had said you haven't put it on my car and taken a photo, so can it not be cancelled, he still said no and said it wouldnt matter, as its the same as a driver driving off, not allowing the warden to put the PCN on the windscreen, they'd just send it through the post. At this point as he had walked off, i got into the car to leave.

A few minutes later, I decided to go back and find him because I wanted to understand why he couldn't cancel it and what he would be putting in his notes, so that if I appealed, everything would match up. He said he was going to speak to the other parking officer and would give me a call later, but I never heard anything.

When I found him again, he asked me to take the PCN from him, as otherwise it would simply be sent to me by post.

What options, if any, do I have, I have tomorrow I believe the last day to appeal to hold the discount. I often see people mention that if the first hour is free, technically no payment is required. Does that argument actually hold any weight, or is it irrelevant if you still need to obtain a free parking ticket?




Thanks

If you hadn't pursued the CEO and got the PCN it looks like you would have had an easy win as you didn't prevent service at the location. This point may still be open to you.

Umff! something noted for future I'm guessing he would have put it in his notes, that the PCN was handed at a later point through the car window - so I cannot use this angle? or are we saying I can still use it, as the requirement is it has to be served at the location and not a different street?

You can argue that you can't pay for something free and that can win at the tribunal but less likely now.

Why less likely now? are they clamping down on this and the adjudicators do not take this view any more?

The regulation about service says:

9.  Where a civil enforcement officer has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area, he may serve a penalty charge notice—

(a)by fixing it to the vehicle; or

(b)giving it to the person appearing to him to be in charge of the vehicle.

So I guess b applies as there is no stipulation of location.

This is one of several cases where adjudicators take the view that you can't pay for a free thing.

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Case reference 2250592026
Appellant xxxxxx
Authority London Borough of Hounslow
VRM EX14ZKY

PCN Details
PCN NJ4272516A
Contravention date 21 Aug 2025
Contravention time 09:03:00
Contravention location Heston Park Leisure Centre
Penalty amount GBP 110.00
Contravention Parked without payment of the parking charge

Referral date -

Decision Date 02 Apr 2026
Adjudicator Edward Houghton
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice and the Notice to Owner.
Reasons I heard the Appellant by audio link. . His case is essentially that the requirement to make payment to park was not sufficiently clearly indicated.
The Council rely on the large white sign at the entrance o the car park and the presence of other signage within it as shown in the site photographs. However the Appellant t submits (supported by a photograph) that the sign at the entrance positioned well to the right is no clearly visible to a motorist turning left into the car park . The site photographs show a scattering of signs within the car park but none of them mention the requirement for payment, The CEO photographed a small pay by phone sign but where this was located in relation to the Appellant’s vehicle is not clear. On balance it seems to me that a good deal more could be done to alert the motorist to the fact that payment was required. As I am not satisfied the requirement relied on was sufficient clearly signed the Appeal is allowed.
Although it is not necessary to come to a final conclusion on the point it also seems to me a little difficult to see how a PCN can be issued for a failure to make payment when it appears from the Traffic Management Order that the first three hours of parking are “free”, and when therefore ,by definition, no payment is actually required.

I'll be submitting the following, which is an extract of one argument point I used (in the other case) to which they replied with the above.

I am submitting a formal representation against the Penalty Charge Notice (PCN) issued under contravention code 11: “Parked without payment of the parking charge.”

The Contravention Did Not Occur

The parking charge was £0.00 – no monetary payment was due. This is a crucial point, the location in which the vehicle was parked carried a £0.00 parking charge during the relevant period.
 Where the required payment is £0.00, it is impossible to “fail to pay the parking charge” because:
* No monetary payment is required,
* No monetary payment is possible, and
* A charge of £0.00 cannot logically be “unpaid.”


I was tempted to add that, I had nipped in to the shop for 2-3 minutes, the CEO notes would confirm this, so thought not to waste a free ringo session, but I know the council will not consider or be emphatetic..