Free Traffic Legal Advice

Hi, received the pcn after dropping off at Flip Out, Croydon.
I've already furnished an informal appeal, going down the 0845 premium number route, which has been rejected.
Cut-off time for discount is February 17th.
Is there any further avenues to explore in order to get the pcn cancelled?



Notice of Rejection (Informal Appeal)

Thank you for writing to us.

We have carefully considered what you say but we have decided not to cancel your PCN.

There is signage in place which explains that the bay you parked in is for people with a resident's permit or for people paying to park by RingGo. The sign also explains how to pay by RingGo.

You were issued a PCN because you did not have a resident's permit that was both valid and clearly displayed, and the CEO's handheld computer showed no valid period bought by RingGo. Even if you have a permit, you have to display it so that a CEO can see all its details.

Your comments regarding the phone number would not be a mitigating circumstance to cancel the PCN therefore we are satisfied that the aforementioned PCN remains payable. Furthermore there are multiple other methods to pay the PCN as detailed below.

You have these choices:

    You can pay the discount charge of £80.00 if your payment reaches us within 14 days of the date of this letter. If you choose to pay the discounted amount of £80.00 then the matter will be closed and you will have lost the right to appeal to the Environment & Traffic Adjudicators.
    You can pay £160.00 within 28 days of the date your PCN was issued.
    The registered keeper can formally challenge the PCN after the Notice to owner (NTO) is issued. The registered keeper will automatically receive the NTO if the PCN has not been paid within 28 days of being issued. The NTO offers the registered keeper the chance to formally challenge the PCN or pay the full £160.00. If the registered keeper decides to formally challenge the PCN, they should wait until the NTO arrives.

 

How to pay:

    by phone 0345 3000 614 (24hr) touchtone using a debit or credit card (Visa, MasterCard, Delta, Maestro, Solo and Electron). Please have your PCN number and vehicle registration number to hand.
    online at https://ocmlive.xrxpsc.com/Croydon/OCM-FE/OCM/. Pay using a debit or credit card (Visa, MasterCard, Delta, Maestro, Solo and Electron). Please have your PCN number and vehicle registration number to hand.
    in person at any Post Office using cash, cheque or debit card (Visa, MasterCard, Delta, Maestro, Solo and Electron). Or by cash only at any outlet displaying the Paypoint Logo. You will need either your PCN or a letter containing your PCN number and barcode. It is very important that you retain your receipt as a record of your payment.

 

Who were you dropping off and what for?

+1
Boarding/alighting passengers may well be an exemption in the Traffic Order

They've also told you tosh about the 0345 number. There is case law at the High Court that attemting to collect more money than the Penalty Charge is ultra vires.

Dropping off my daughter at a birthday party at Flip Out.

GSV:
https://maps.app.goo.gl/hvkaxy7jJkPrq7PS6

Aged 11, was in the foyer for approx. 5mins

No disability. Does the 0845 route have any traction?

Ground 1 – Mitigating Circumstances

On the date in question I was transporting my daughter to a function being held at the venue on Frith Road.

Given the size and nature of the venue, and the safeguarding expectations placed on responsible parents, it was reasonable and necessary for me to ensure that my daughter was safely delivered into the care of those responsible for supervising the function.

I did not leave the location for any purpose other than to ensure her safe handover. This was not casual parking but a brief stop connected to child safeguarding responsibilities.

I respectfully ask the authority to exercise its discretion in these circumstances.


Ground 2 – The Penalty Exceeded the Amount Applicable in the Circumstances of the Case

The PCN provides for payment by credit/debit card via an 0845 telephone number.

0845 numbers attract a service charge element which may result in the caller paying more than the face value of the penalty charge.

Where a council requires payment through a premium or revenue-generating number, the motorist is exposed to paying more than the statutory penalty set under the Traffic Management Act 2004.

The statutory penalty must be a fixed amount prescribed by law. It cannot lawfully be increased through the use of a payment mechanism that includes a surcharge or service charge element.

This issue was considered in Paul Bateman v Derbyshire County Council (DJ00037-2209, 10 November 2022), where it was held that requiring payment via a premium rate number resulted in the penalty exceeding the amount due in the circumstances of the case.

If the 0845 number used by Croydon Council includes a service charge element or revenue share, then the penalty demanded exceeds the amount applicable in the circumstances of the case and is therefore unenforceable.

Accordingly, the PCN should be cancelled.

Unsure whether quoting the Batemen case will help, as this was fact specific?

and separately:

Freedom of Information Act 2000 Request

Dear Croydon Council,

Under the Freedom of Information Act 2000, please provide:

The service charge (in pence per minute) applicable to calls made to 0845 3000 614 at the time PCN CR49371815 was issued (11 January 2026).

Whether Croydon Council receives any revenue share, rebate, or financial benefit from calls made to this number.

The total gross revenue generated from the service charge element of this number in the last complete financial year.

Please provide the information in electronic format.

Yours faithfully,
[Your Name]


All based around:

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/advice-request-parking-outside-bay/msg5859/#msg5859

Ground 1 – Mitigating Circumstances Assisted Alighting Exemption

On the date in question I was transporting my daughter to a function being held at the venue on Frith Road.

Given the size and nature of the venue, and the safeguarding expectations placed on responsible parents, it was reasonable and necessary for me to ensure that my daughter was safely delivered into the care of those responsible for supervising the function.

I did not leave the location for any purpose other than to ensure her safe handover. This was not casual parking but a brief stop connected to child safeguarding responsibilities.

I respectfully ask the authority to exercise its discretion in these circumstances therefore claim the assisted alighting exemption.

You're claiming an exemption, not asking for discretion! I am of two minds whether to insert into transporting my daughter the words eleven-year old or young - I think on balance I'd put in eleven-year old.

This issue was considered in Paul Bateman v Derbyshire County Council (DJ00037-2209, 10 November 2022), where it was held that requiring payment via a premium rate number resulted in the penalty exceeding the amount due in the circumstances of the case.

If the 0845 number used by Croydon Council includes a service charge element or revenue share, then the penalty demanded exceeds the amount applicable in the circumstances of the case and is therefore unenforceable.

Accordingly, the PCN should be cancelled.

I'd delete the struckthrough passage as it is not up to you to introduce elements of doubt into your case, but rather for them to prove they receive no benefit. I'd also replace Accordingly with For the above reasons.

Just my thoughts, but wait for the experts here (I am not one) to comment, but do not miss deadlines.

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EDIT  .. I see Stamfordman has beaten me to it whilst I was writing, and given you a very good opening.