I parked my car in a bay in the Borough of Kensington and Chelsea. The signage in the area included a yellow suspension notice reading:
“Parking Suspension – No Loading”
“All Pay By Phone Bays”
Suspension reason: Chelsea Flower Show
Dates: 20–24 May 2025, 8:30 AM–10:00 PM
Despite this signage, the PayByPhone app allowed me to pay for parking in that location without error, which reinforced my understanding that parking was permitted. In my experience, the app usually blocks payments if a location is suspended or restricted.
I was visiting a vulnerable patient as part of my work as a rehabilitation assistant, which occasionally requires driving clients who cannot drive themselves. I am also a student and work part-time, earning around £1,000 per month. The cost of the penalty and towing fee (£360) caused significant financial hardship.
I submitted a formal appeal on the following grounds:
Procedural impropriety (Regulation 11(4)(g))
The signage was ambiguous, stating both “No Loading” and “All Pay By Phone Bays”.
The PayByPhone app accepted payment, which reasonably led me to believe parking was allowed.
The bays were not cordoned off or visibly restricted, and there were in fact other cars parked there.
2. Compelling personal circumstances (Regulation 11(3)(b))
I submitted a payslip confirming my income.
I explained that the incident occurred during work with a patient, and that the financial burden was excessive and required me to borrow money from my family to get my car back.
Supporting evidence submitted included: Photograph of the sign; Screenshot of the accepted PayByPhone transaction; Payslip showing my income; Work shift confirmation.
The Council rejected my representation, stating:
The bay was clearly suspended, and the Council is permitted under the Traffic Management Act 2004 to remove a vehicle immediately after issuing a PCN.
The PayByPhone system is operated by a third party and does not reflect real-time suspension data.
The onus is on the driver to check signage, regardless of whether the payment system accepts payment.
They acknowledged my comments but maintained that I had parked in contravention and were not persuaded to cancel the PCN or refund the removal fee.
A personal hearing has been scheduled at the London Tribunals in September. I am wondering about the strength of my case and how best to proceed? Or whether I should just abandon this in fear of wasting their time.
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