Free Traffic Legal Advice

Hi guys,

Firstly, thanks for reading and any help you can provide.

I am quite annoyed that I received a PCN due to an error on my phone's location. I was parked in Queens Market Car Park which uses PaybyPhone app and the location is 70024. However, I got a ticket because I paid for Shaftesbury Road car park on the app, the location for Shaftesbury Road car park is 70025 and Queens Market Car Park is 70024. There is only one number difference in the codes, and this was overlooked when I parked. The location on my phone should have given Queens Market Car Park location as it usually does the many times I have parked there I have never had this issue, but on this occasion it was the wrong location which I didn't notice even when double checking the location code as it is only 1 digit off!

I have appealed stating the above and that I have paid for parking albeit at the wrong location but it was an honest mistake but this was obviously rejected. The notice to owner arrived this morning and I would like to appeal formally, so requesting any advice and support.

PCN:
https://ibb.co/BHXHtqjn

Receipt for parking:
https://ibb.co/9m7f1gzS

NTO:
https://ibb.co/0y7Wxysc

I have created a draft appeal using AI's help:

Dear Sir/Madam,

I make formal representations against the above PCN issued on 18/08/2025 at Queens Market Car Park.

On that date, I parked at Queens Market Car Park and paid for parking using the PayByPhone app. The payment covered the period from 14:52 to 16:53, which fully corresponds to the time my vehicle was parked. Due to the app’s automatic location selection, the session was logged against location code 70025 (Shaftesbury Road Car Park) instead of 70024 (Queens Market Car Park).

I submit that the contravention did not occur for the following reasons:

Payment was made for the correct duration – The evidence shows I paid for two hours’ parking via the council’s authorised payment method. The only difference was a single digit in the location code.

No loss to the council – The parking fee was paid in full. The council suffered no financial loss, nor was there any intention to evade payment.

Reliance on the PayByPhone app – I used the council’s approved system in good faith. The app selected a nearby location automatically, leading to this minor error. It is unreasonable for the motorist to be penalised when they have complied with the requirement to pay.

De minimis principle – Where a trivial or technical error has occurred without causing harm or loss, enforcement should not continue. A one-digit error in location entry, when the fee has been paid, is a clear example of a de minimis situation.

Given these points, I request the PCN be cancelled. To enforce a penalty in these circumstances would be disproportionate and contrary to the principles of fairness in public law.

I enclose proof of my PayByPhone receipt showing payment from 14:52 to 16:53 on 18/08/2025.



I think I have a made a good point that it was an honest mistake and there is no loss to the council, it's very easy to mistake 1 digit in this case a 5 for a 4! And my phone's location could have been more accurate, but it is what is I suppose.

Any help is appreciated. Thanks for the work you all do.

Anhar

The contravention 'parked without paying the parking charge' obviously did not occur if the equivalent fee was paid but increasingly we see adjudicators siding with councils on having to park with all the supposed criteria - VRM, location - correct even with a trivial error, although we do see the 0/O and 1/I  errors on VRMs allowed by some, and also where the parking app misleads people.

When I get a chance I'll look at the car park order.

.....but this [rejection of informal reps] was obviously rejected.

Pl post.

I paid when I was actually in the car itself! I just didn't notice that the number was different by a digit