Free Traffic Legal Advice

Hi guys,
Seem to have some bad luck latey.

Parked at Elwick Road Car Park (Same car park I was issued a previous PCN for a contravention that was only dismissed at Tribunal) at 07:15.
Ringo app wasn't working until I was able to pay at 09:38 where I paid the full day's cost up to and beyond 18:00 for £6.10.
Of course, PCN issued 20 minutes before at 09:18.

Do I have grounds for appeal? I paid for the whole day (recipet attached) and still get charged?

Can I get this PCN cancelled at the very first step of appeal?

Or will I have to go through the appeal, appear rejection, NTK issued, appeal officially, have official appeal rejected and go to Tribunal (Again?)

I'd just pay the £25 if I felt it was justified but i'm not paying a whole day's parking PLUS a this charge.

Any advice, wording for appeal etc. greatly appreciated.

Many thanks.

Circle.





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I believe it's possible to buy a ticket at the machine. However that wasn't an option as I had committed to paying via the app on my way to the station.
Unfortunately, there is no way of reporting any time the app is down and when it isn't playing ball other than taking a scree shot there is no other way to obtain proof. Of course, I paid as soon as I was able to. Seems unfair that I had paid for a full day, AND got charged a PCN....

That, you are correct. I left my car, opened the app and spent 10 minutes walking to the station whilst waiting for the Ringo App to load. Which it didn't. Throughout the morning also. Until it managed to work at 9.38. It's humanly impossible to be on a train and also pay for a physical ticket. 

 If I was outright avoiding having to pay to use the car park I would have understood and accept I am in the wrong for taking the risk. But I did pay. For the whole day. And also I'm getting charged... for not paying. Anything over 4 hours stay is a maximum amount of £6.20. which I paid.

I'm just wondering if there is any recourse for appeal under these circumstances, or if I should just bite the bullet and pay, which means the total charge for that day was £6.20 plus £25.   
 
I also wonder if ABC have updated their parking order to match that which is stated on the PCN itself? I have no idea how to check this though.

Any guidance would be much appreciated, unless it's advised to just pay...

Walking away from the car without paying is not advisable but see if you can replicate the issue as the service needs to be reliable as it's their service.

They must consider discretion in any case.

If you're using the car park again I suggest you book a session at home before you set out.

OP, the photo of the Ts and Cs noticeboard doesn't support the contravention description in the PCN.

You are alleged to have NOT displayed. The contravention does not concern itself with whether you've paid. 

The noticeboard doesn't permit the use of online payment, it's all P&D.

'Welcome to Elwick Road Car Park

Pay & Display '


So, where does RingGo come in and where is this stated on the noticeboard?

It's the wrong contravention description.

Display is optional therefore IMO cannot give rise to a penalty for not displaying.

Contravention did not occur.

On the day in question I ****** (your story).

On my return I found the PCN which gave the following contravention description: ******

This is improper and does not reflect the options for payment at the site which are:

Pay and display, OR
Pay by RingGo.

It is axiomatic that as the council gives motorists the option to display or not to display, providing that payment is made, then not displaying cannot give rise to a contravention because it's not mandatory.

Yes, I made a mistake in that I paid late due to a poor signal and had the PCN stated grounds of not paying the parking charge then this would have been accurate.

But the council has also made a mistake and I hope will be equally candid and recognise that the wrong description means that a penalty may not be demanded from me. The PCN must be cancelled.

There aren't any permits listed on the board.

The P&D requirement on the Ts and Cs board can hardly be pushed to one side IMO.