Barnet, code 11 parked without payment. Paid but typo

Hi All,

I went to park and paid by app. The zone was 9336 but I made a typo and ended up paying for zone 9366.

I have evidence via the app I paid, but accidentally miskeyed the parking zone number. Is this any recourse here?

Photos of zone
https://imgpile.com/p/Y52FU59

Photos of PCN
https://imgpile.com/p/xbzhBtR
https://imgpile.com/m/OrQHeOO

Many thanks in advance

Have you checked where location 9366 is, also whether it's even a paybyphone location? Was payment taken from your account and not refunded later?

9366 is also in Barnet and the same rate and there was no loss to Barnet.

Most councils used to give first time discretion for trivial errors like this but that's now less so.

The contravention of not paying didn't occur but the tribunal tends to side with councils that the correct location code is mandatory and is backed up by traffic orders.

Any mitigation? The tribunal can in any case make a recommendation to cancel for triviality where the council didn't apply discretion when it really should have done.

But a polite ask is the first call.

Thanks I shall try and ask first. Is it of any relevance that the PCN says the car colour is brown when it is very clearly grey?

Also the parking I did pay for wasn’t exactly helpful as it didn’t say the road name I was paying for like it usually does - just “ London borough of Barnet” as can be seen from my photo.

No, car colour is not relevant unless they've done something silly and say it's purple with yellow spots.

Draft a short, polite challenge and post here first.

The pics looks a bit odd - what is the Google Maps location?

Google maps for reference
https://maps.app.goo.gl/q9QAkvxMxvbnecbDA


Also the parking I did pay for wasn’t exactly helpful as it didn’t say the road name I was paying for like it usually does - just “ London borough of Barnet” as can be seen from my photo.

I don't think you've posted the app shot - it does though tell you the location when you enter the code but then how are you supposed to know what road you're in?

The footway bay is a dog's dinner - it shouldn't have kerbside yellow lines.

Apologies I thought I had. Here is the link. As you can see, it usually contains the road name but here it just states the borough

https://imgpile.com/m/jdtz30v

I haven't seen the traffic order but I very much doubt that it specifies payment in detail because if it did then an amendment, with all the consultation faff which is required, would be needed whenever details were changed.

The PCN wan't issued because you paid for the wrong location, it was issued because the only available source of info available to the CEO showed that a payment corresponding to this unlawful parking place had not been made.

OP, don't overthink this by overlaying with what you know and then thinking that the CEO knew the same, because they didn't.

As suggested , simple reps.

Surprised and couldn't understand why; had to recheck my payment and time in bay and then realised that instead of location 6336 I had input 6366. However, payment of the correct tariff for the period parked was made - 6366 is also a payment location within the borough of Barnet- and therefore the correct payment amount was made in respect of my vehicle VRM ****.


Attach whatever proves the above e.g. the tariffs for both locations, payment receipt, perhaps something from your bank/credit card account and copy of your V5C etc. These show the link between the person submitting the reps, the vehicle and payment.

I suggest putting a draft here first.

As promised here is a draft I propose to send. Please let me know if there are any edits you would make:

I was surprised to receive a PCN after having paid for parking. Upon reviewing my payment, I discovered that I had inadvertently entered location code 6366 instead of 6336 due to a typographical error.

Critically, I paid the correct tariff for the duration of my stay. Location 6366 is a valid payment point within the London Borough of Barnet, and the parking application displayed “London Borough of Barnet” as the payment location—rather than the specific road name, as is usually shown. This led me to believe I had selected the correct location. Accordingly, the appropriate fee was paid in respect of my vehicle, and I respectfully request that the PCN be cancelled on this basis.

Seems fine to me.

If Mr.Mustard is keeping watch, would you know where to obtain a copy of the council's Principal Order for on-street parking places? Also, what the council's view about having unlawful markings and signs along this length of street?

I had noted this case. Maps are here and link you to the traffic order wording https://barnet.traffweb.app/

You get the location when you search for the number, 9366 is Church End which could be a district or a street or both

The lines have been wrong for 'ever'. I won case 2140338414 on this as one of the arguments and nothing has changed since. The OP will have to be prepared to forget about the discount though as Barnet never cancel just because their bays are unlawful ! I have to go to the tribunal each time.

2140338414 was just along the same road.

The Appellant is represented by Mr Dishman who attended on the Appellant's behalf. The Authority was not represented.

Mr Dishman took a number of points. First, he submitted that according to the Secretary of State's Authorisation of signage for the use of the sign in the CEO's photograph, there must also by a pay and display parking sign prescribed in the Traffic Signs Regulation and General Directions. There was no evidence of the latter sign.

Secondly, Mr Dishman submitted that the presence of a double yellow line alongside the bay is not a lawful signage.

Thirdly. Mr Dishman submitted the PCN was non compliant with the Schedule to the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 per the decision of Miller and others.

Fourthly, Mr Dishman submitted that the reference in the Notice of Rejection to the Authority's inability to cancel a PCN is wrong as a matter of law and amounts to a procedural impropriety.

The last point might be debatable. The first three are not. I am with Mr Dishman on all of them. I am allowing the appeal.

If I go down this route, would my initial informal request to cancel the PCN have to include reference to the lines being wrong or is my initial draft fine to send?

IMO, your initial reps are fine, but having read the Principal order I would make one tweak because the order makes it clear that the purpose of a location code is to 'indicate' the tariff applicable. IMO, a purposive interpretation of the Order is that payment of the correct tariff is sufficient. This is not to say that a PCN should not be served, because CEO's are not clairvoyant, but the authority should cancel upon receipt of PROOF that payment of the correct tariff was made.

Perhaps..
'I was surprised to receive a PCN after having paid for parking. Upon reviewing my payment, I discovered that I had inadvertently entered location code 6366 instead of 6336 due to a typographical error. However, as the primary purpose of the location code for a motorist is to indicate the correct tariff and as location 6336 has the same tariff as location 6366 and is situated in the council's area then payment of the tariff which permits parking at the 'Paid for Parking Place' 6366 was made in respect of VRM ****.

I would also add that the parking application merely displayed “London Borough of Barnet” as the payment location—rather than the specific road name, as is usually shown. This led me to believe I had selected the correct location. Accordingly, as the required tariff was paid in respect of my vehicle I respectfully request that the PCN be cancelled on this basis.'

Soft reps at this stage. Their unlawful arrangement of waiting restrictions and parking places can wait. I think they've misled themselves because the trafweb makes it clear that these parking places are '4 wheels footway parking' and they probably think that being off the carriageway allows designated parking.

But it doesn't.

Have filled in the online first stage challenge - got through to a confirmation page, but no confirmation email. Is this normal?