3. Hillingdon, code 83 Parked in a car park without displaying valid ticket, Hillingdon Leisure Centre car park
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Peter255

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Hillingdon, code 83 Parked in a car park without displaying valid ticket, Hillingdon Leisure Centre car park
« on: April 03, 2024, 03:47:37 pm »
  • Ticket found on windscreen while vehicle parked at Hillingdon Leisure Centre car park.
  • Location: https://maps.app.goo.gl/fxGLCycvwfXE9uv46
  • I have a valid ticket that covers the stated observed time on the PCN.
    The ticket does not appear to be visible in any of the many photos that the council officer took of the vehicle.


PCN photos




Council's evidence photos




All 10 council photos here: https://ibb.co/album/WNL0fN
« Last Edit: April 03, 2024, 06:34:15 pm by cp8759 »
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cp8759

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Re: Hillingdon, code 83 Parked in a car park without displaying valid ticket, Hillingdon Leisure Centre car park
« Reply #1 on: April 03, 2024, 06:35:51 pm »
I've fixed all your links as none of them worked. Please have a read of the guide here and re-post the PCN without any redactions, in the meantime I'll get hold of the parking places order.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Peter255

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Re: Hillingdon, code 83 Parked in a car park without displaying valid ticket, Hillingdon Leisure Centre car park
« Reply #2 on: April 03, 2024, 10:02:11 pm »
Thank you for your reply, and for fixing the links.

I'm not comfortable with putting my car registration and ticket details on a public forum.

It seemed prudent to redact the information, and I couldn't understand any reason for making it visible.
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cp8759

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Re: Hillingdon, code 83 Parked in a car park without displaying valid ticket, Hillingdon Leisure Centre car park
« Reply #3 on: April 03, 2024, 10:23:21 pm »
@Peter255 you can PM me the details if you want?

Basic details such as the time, date, observation period ETC can help formulate any grounds of appeal or undermine the council's case. More importantly if you appeal this to the tribunal, all the details will be published on the statutory register on the tribunal website, so by keeping this information private at this stage you simply make it harder for us to help you formulate the appeal in the first place.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

slapdash

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Re: Hillingdon, code 83 Parked in a car park without displaying valid ticket, Hillingdon Leisure Centre car park
« Reply #4 on: April 03, 2024, 10:46:34 pm »
If your ticket time was valid and displayed it looks possible the CEO meant to issue for not being parked in a bay (you weren't).

But they don't get another chance.
« Last Edit: April 03, 2024, 10:49:39 pm by slapdash »
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cp8759

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Re: Hillingdon, code 83 Parked in a car park without displaying valid ticket, Hillingdon Leisure Centre car park
« Reply #5 on: April 04, 2024, 02:12:04 pm »
This photo would raise some questions at adjudication:



Where are you saying the pay and display ticket was?
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Peter255

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Re: Hillingdon, code 83 Parked in a car park without displaying valid ticket, Hillingdon Leisure Centre car park
« Reply #6 on: April 04, 2024, 03:34:20 pm »
Unfortunately the pay and display ticket must have blown onto the seat when I closed the door. It was very windy that day.
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cp8759

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Re: Hillingdon, code 83 Parked in a car park without displaying valid ticket, Hillingdon Leisure Centre car park
« Reply #7 on: April 05, 2024, 12:05:09 am »
In cases like this we always recommend making a fairly simple representation explaining what happened and providing a copy of the pay and display ticket, the majority of councils (especially outside of central London) tend to be fairly reasonable as long as you're not a repeat offender.

We always recommend posting a draft on here before sending it to the council.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Peter255

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Re: Hillingdon, code 83 Parked in a car park without displaying valid ticket, Hillingdon Leisure Centre car park
« Reply #8 on: April 05, 2024, 10:55:19 am »
Draft appeal (thank you astralite):

Quote
I attach a photo of my paid ticket as evidence that I paid my parking fee. As you can see, it was valid at the time of the PCN. The time of the alleged contravention was slightly more than 5 minutes after the start time on the ticket, which is 10:23.

When I returned to the car, I found the parking ticket on the seat. It was very windy that day and it must have blown off the dashboard, where it had been clearly displayed, as I closed the door. I accept that your officer could not have known this and acted accordingly.

I understand that this is a situation where many councils exercise discretion as parking has been paid for and the PCN could be cancelled.

I will exercise more care in the future and secure any ticket onto the dashboard. I hope you will exercise your discretion and cancel the PCN.
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cp8759

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Re: Hillingdon, code 83 Parked in a car park without displaying valid ticket, Hillingdon Leisure Centre car park
« Reply #9 on: April 05, 2024, 11:30:33 pm »
That's a reasonable challenge.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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cp8759

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Re: Hillingdon, code 83 Parked in a car park without displaying valid ticket, Hillingdon Leisure Centre car park
« Reply #10 on: May 01, 2024, 07:57:02 pm »
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

cp8759

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Re: Hillingdon, code 83 Parked in a car park without displaying valid ticket, Hillingdon Leisure Centre car park
« Reply #11 on: July 03, 2024, 12:25:34 pm »
@Peter255 any update yet?
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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