Free Traffic Legal Advice

You can't pay a free charge. As a session was taken out the missing time was not chargeable and you can have a go at the contravention being a nonsense.

Forget observation time - would only apply if there was anything to observe.

What I meant is that the gap between the PCN and the live session is well within the free 3 hours.

I would help to get a close up of the terms board if you're going back.

I can't find the off-street order but it may refer just to having to hold a valid ticket which would suggest a different contravention.

Here is the board:



Note that when taking a ticket on Ringgo it doesn't allow you to backdate, the 3 hours always start from the moment you take the ticket. There's no machine to obtain a ticket from, only Ringgo.

Based off the T&C's it sounds like I might not have good grounds for appeal? Except if the contravention code is indeed incorrect due to the payment wording?

It seems obvious from the car park conditions board, namely three hours free, maximum stay three hours. SO the only reason to "buy" a ticket, is to check people only stay for 3 hours or less. Of course it is not totally free because in order to "buy" a ticket, one has to use Ringo and pay their 20p fee.

OP, I'm not certain how registering after the event - and thereby obtaining 3 hours MORE - helps when the maximum permitted period is 3 hours.

Don't underestimate the authority's resolve to deny that the contravention grounds are wrong by latching on to, as they might see it, a deliberate attempt to park for more than 3 hours i.e. park, don't register, register after any PCN and then claim that registration was made.

IMO, stick to:
1. Contravention did not occur;
2. During an observation time of a maximum of 2 minutes, but probably less, the CEO could form a considered belief that a contravention had occurred.

1. That there is no charge payable to park in the car park for up to 3 hours is unarguable: it's stated clearly on the tariff board i.e. '3 hours free'.

The contravention grounds must therefore be incorrect.

If, as appears to be the case, the CEO thought that registration for 3 hours' free parking had not been made then it follows that the correct description would be 'Parked for longer than permitted' because absent registration the driver is not permitted to park.

The PCN must therefore be cancelled.

2. On the subject of the CEO's belief after no more than 2 minutes, I would refer you to the photos showing service of the PCN and the tariff board. The former is timed at 11.47.30, the latter 11.48.38, an elapsed period of 1 minute 8 seconds. It will not escape the authority's attention that if the CEO took more than 1 minute to walk to the tariff board simply to photograph it then it would take a driver at least twice this time and more likely 5-6 minutes to walk to the board, read its contents thoroughly, see if they had the wherewithal, in this case a smart phone, download an app(often problematic), read and understand its conditions, particular the need to enter correct VRM and location number and then comply. To this must be added the time the system takes to be updated by the app.

2 minutes is wholly inadequate and therefore the PCN must be cancelled on the grounds that the 'penalty exceeded the amount applicable in the circumstances of tbe case'.

OP, I've deliberately made this two points because they won't want to acknowledge the former and therefore could save face by acknowledging the second.

Are you the registered keeper with current DVLA details?

Hey H C Andersen,

Thanks! Just to clarify, I did not believe that registering after the fact would help - I was just mentioning that my wife did, but fully agreed with your assessment it is unlikely to help.

Really appreciate you taking the time to write this up. This seems sound to me, hopefully that will help once I send the appeal.

However this is a lease car, so the V5C is registered with the lease company. Does that change anything in the appeal process? (It's the first car I don't own outright so unsure of any potential difference!)

Draft a challenge and post here. Include a request for the off-street traffic order.

Will do later tonight, thanks. May I ask what the off-street traffic order is?

The terms board gives you the gist - 'please send the relevant Croydon Off-Street Traffic Management Order' - and even says it's 'paid for'! If only I could pay for things by saying they are free.

Sadly the lease does often scupper seeing these through so you need to do what John suggests.