Thanks very much for the response, I’ve drafted an appeal below. I think I’ll advise her to wait for the NtO and take this all the way. Let me know your thoughts.
I make formal representations on the basis that the alleged contravention did not occur.
The PCN has been issued for contravention code 19s. This code applies where a vehicle is parked in a residents’ or shared-use bay with an invalid permit, voucher, or pay and display ticket, i.e. one that would have been valid for that parking place at some time, or where paid-for time has expired.
That is not the situation here. Payment was made via the council’s pay-by-phone system for the relevant period. The issue is not that the payment was invalid in the sense required by code 19s, but rather that it was made against a different location. In such circumstances, the alleged contravention is not properly made out under code 19s.
Further, the council’s rejection asserts that payment by phone is not usable in this bay. This is contradicted by the council’s own photographic evidence, which shows signage stating “Permit holders or pay by phone…”, confirming that this is a shared-use bay where payment by phone is permitted.
The council has therefore both misapplied the contravention code and relied on an incorrect understanding of the applicable signage.
In the circumstances, the alleged contravention did not occur and the PCN must be cancelled.
