Free Traffic Legal Advice

Good day,
Would appreciate your input on this PCN as to whether there is any option for further appeal.

Bracknell Forest Council
Failure to Pay and Display
Location: Weather Way Surface Car Park

https://maps.app.goo.gl/zf3ys5yRwLg6wMrP9

I am the registered owner, my father was driving the vehicle (licensed and insured) and all correspondence is to him. He British but not resident and is no longer in the country.

Detail:
17 September 2023
My Dad and son visited the Weather Way car park and parked the vehicle. He proceeded to the parking payment machine and followed the instructions to make payment for the parking time required. Upon completing the payment process at the machine, he did not receive a payment receipt. They attempted to retrieve a receipt, but the machine failed to provide one. Given that they received a payment notification from the bank they assumed all was well. Upon returning to the car a charge notice was received.
 
18 September 2023 – Father lodged appeal online – do not have a copy of this as it was an online capture.
29 September – received the attached response from BFC incorrectly interpreting appeal as a PayByPhone dispute.
4 October 2023 – I mailed appeal to BFC with attached letter and included transaction detail from the bank.
17 October 2023 - Received attached response from BFC acknowledging payment and citing the failure to Display as reason for appeal not being accepted.

I realise that there may be some failure (ignorance not being an excuse) for not displaying a ticket - assuming the parking session was captured on the ticket machine (registration number linked to card payment). However he did make timeous payment for the session.

I would suck it up and pay the fine on discount just to make this go away – but feel there is something unjust about paying for a service and then being fined on top of it.

Is there any position for further appeal here?



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I would suck it up and pay the fine on discount just to make this go away – but feel there is something unjust about paying for a service and then being fined on top of it.

Is there any position for further appeal here?

You have a bomb proof appeal: the allegation on the PCN is that you didn't pay, so you only have to deal with that. The fact that some other contravention might have occurred is irrelevant and it's too late for the council to issue another PCN for failing to display (they could have issued a PCN for that but they didn't and it's too late now).

All you need to do is wait for the notice to owner and then make representations with your proof of payment. If the council reject it again, I will happily represent you at the traffic penalty tribunal.

-I have submitted proof of payment and in their response letter BFC state "whilst I appreciate payment was made to park", can I use this in my representation as their acknowledgement that payment was made?

I wouldn't bother, something short and simple will do:


I can't see them wanting to reject that.