Ground 1 – Mitigating CircumstancesOn 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 CaseThe 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 RequestDear 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
