Author Topic: 30 minute FREE parking PCN  (Read 1242 times)

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30 minute FREE parking PCN
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Hi everyone,

I've received a PCN on my windscreen from Havering Council at Rex Close, Collier Row (Sainsbury's parking).

The ticket is for Code 73: Parked without payment of the parking charge. The parking allows a free 30-minute stay, and I was only there for about 10 minutes in total. My only mistake was not printing the ticket. However, I don't see any clear instruction to do so.

The (CEO) recorded the observation time as only 5 minutes (from 16:27 to 16:32).

No photo evidence is available online.

Do you think the fact that I stayed within the free 30-minute limit is a good enough base for challenging?

Many thanks.

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Re: 30 minute FREE parking PCN
« Reply #1 on: »
For meaningful advice, please to have a read of

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

and post up here (use
ibb.co or https://imgpile.com/
for posting images.
Wherever possible, use the BBCode.)

both sides of the unredacted PCN,
A GSV link to the location,
and any council photos.

Re: 30 minute FREE parking PCN
« Reply #2 on: »

Re: 30 minute FREE parking PCN
« Reply #3 on: »
There was no parking charge due until the expiry of the 20 mins and i would argue the 10 min grace period

See this case 2210237357

Adjudicator   Sean Stanton-Dunne
Appeal decision   Appeal allowed
Direction   cancel the Penalty Charge Notice and the Notice to Owner.
Reasons   
This PCN was issued for the alleged contravention of being parked in Gaysham Avenue at 11.32am on 5 March 2021 without payment of the parking charge.

The CEO's images show that Mr Carmody's vehicle was parked with a pay and display ticket displayed in the windscreen. The ticket was valid from 11.27am to 12.27pm. The vehicle registration had not been completed. It is not in dispute that there was an hour's free parking at this location with the display of a pay and display ticket.

I allow the appeal because the PCN was issued for the wrong contravention. A vehicle cannot be parked without payment of the parking charge when no charge is payable. The PCN should have been issued for the alleged contravention of being parked without displaying a valid pay and display ticket.

Re: 30 minute FREE parking PCN
« Reply #4 on: »
It is possible to win on the impossibility of paying for something free but adjudicators will also look at terms and also maybe proof of staying only for the free period.

Here the terms board says free session must be validated at machine or via RingGo, which implies that the correct contravention is not displaying a valid ticket.

Havering does not reoffer the discount on rejection and they are bound to reject an informal challenge so you'd be in for £90 or nothing.

In the belowcase the car park was free at all times but the point is made about the contravention.

--------

Case reference   2250307301
Appellant   Terry Pace
Authority   London Borough of
Havering

VRM   GL56EJF
   
PCN Details
PCN   HG34507892
Contravention date   01 Mar 2025
Contravention time   13:55:00
Contravention location   Lodge Farm Car Park Main Road
Penalty amount   GBP 60.00
Contravention   Parked without payment of the parking charge
   
Referral date   -
   
Decision Date   24 Sep 2025
Adjudicator   Mackenzie Robinson
Appeal decision   Appeal allowed
Direction   cancel the Penalty Charge Notice.
1.   Reasons   This case was due to be decided after a hearing on 24 September 2025. However Mr Pace did not join the hearing, despite being allowed an additional 10 minutes. I therefore decided this case based on the evidence before me.
2.   Mr Pace appeals on the basis that the signage stated that parking was free at all times. It was not made adequately clear that a parking session still had to be registered.
3.   I find that the precise contravention selected by the civil enforcement officer did not occur. There is no parking charge for parking in this car park. A driver therefore cannot fail to pay the parking charge.
4.   When a driver registers a parking session, he obtains a ‘e-ticket’, and displays it on the digital system. The technology may change, but this is no different in reality to obtaining a physical parking ticket and displaying it on the dashboard. The civil enforcement officer is able to inspect the e-ticket on the digital system using his handheld device. Mr Pace therefore failed to display his e-ticket, but that was not the contravention for which the penalty charge notice was issued.
5.   I allow this appeal.

Re: 30 minute FREE parking PCN
« Reply #5 on: »
Thank you for your replies and the case references.

I think I will risk it and challenge it:

"The alleged contravention did not occur. Wrong Contravention Code used. No parking charge was payable."

Any specific wording would be very appreciated.

Also, on the small information board, there is no mention of displaying a free ticket.