Author Topic: Croydon, code 73 parked without payment of the parking charge, Lloyd Park Car Park  (Read 2330 times)

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So, if paid for sessions are subject to these orders, may I presume that free sessions are not subject to any orders?

Not necessarily as we see adjudicators upholding the council's case that the validity comes first - registering a session regardless of whether it's free or not, but in a lot of these cases only the first hour or hours are free.

I'd say the case in this Croydon car park should be clear cut as per the below.

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Case reference   2250307301
Appellant   Terry Pace
Authority   London Borough of Havering
VRM   GL56EJF
   
PCN Details
PCN   HG34507892
Contravention date   01 Mar 2025
Contravention time   13:55:00
Contravention location   Lodge Farm Car Park Main Road
Penalty amount   GBP 60.00
Contravention   Parked without payment of the parking charge
   
Referral date   -
   
Decision Date   24 Sep 2025
Adjudicator   Mackenzie Robinson
Appeal decision   Appeal allowed
Direction   cancel the Penalty Charge Notice.
1.   Reasons   This case was due to be decided after a hearing on 24 September 2025. However Mr Pace did not join the hearing, despite being allowed an additional 10 minutes. I therefore decided this case based on the evidence before me.
2.   Mr Pace appeals on the basis that the signage stated that parking was free at all times. It was not made adequately clear that a parking session still had to be registered.
3.   I find that the precise contravention selected by the civil enforcement officer did not occur. There is no parking charge for parking in this car park. A driver therefore cannot fail to pay the parking charge.
4.   When a driver registers a parking session, he obtains a ‘e-ticket’, and displays it on the digital system. The technology may change, but this is no different in reality to obtaining a physical parking ticket and displaying it on the dashboard. The civil enforcement officer is able to inspect the e-ticket on the digital system using his handheld device. Mr Pace therefore failed to display his e-ticket, but that was not the contravention for which the penalty charge notice was issued.
5.   I allow this appeal.
 

Nice to see a previously won appeal with similar circumstances. I'll draft a version tomorrow and share but in the meantime just sharing what my lease says about PCN (that's all I could find on both my online and paper agreement):



The website also had an FAQ stating:

As [Leasing company] are the registered keeper of the vehicle, Penalty Charge Notices (PCN's) will be addressed to us and come to us in the first instance. As legislation requires immediate payment, we will usually pay this on your behalf and then pass this charge on to you by sending an invoice and supporting documents. Please note you will still be able to appeal the PCN.
« Last Edit: October 19, 2025, 09:22:03 pm by Fuzuki »

Quote
As [Leasing company] are the registered keeper of the vehicle, Penalty Charge Notices (PCN's) will be addressed to us and come to us in the first instance. As legislation requires immediate payment, we will usually pay this on your behalf and then pass this charge on to you by sending an invoice and supporting documents. Please note you will still be able to appeal the PCN.

This is absolutely total tosh and shows either a complete ignorance of the law, or mendacity. I suggest you complain to whoever runs this company, and point out that you cannot appeal a PCN unless it has your name and address on it, and this will only be received if they, ((leasing company), submit representations to the council that they are a leasing company and provide your name and address as the lessee. Point out to them that paying closes the case completely. Ask them if they are so sure of what they say, would they please point you to the regulations that state a PCN must be paid straightaway.

If it were me, I'd end the lease with this load of idiots and find a company that knows the law.