Free Traffic Legal Advice

Hi all,
New to the forum so 'Hello@ and was invited to post my issue on here.

I receieved a PCN, contravention 85 - not displaying or purchaing a virtual ticket, bu London Borough of Hounslow yesterday even though I had purchased online and have evidence in my app history and via email. The PCN is timed at 11:08 when it can clearly be seen I purchase parking for 1 hour from 11:01 to 12:01.

Is this a straight forward appeal or do I need to consider other forms of appeal, please advise.

Below are the images and link to my orginal Pepipoo thread to avoid duplication of information should anyone require it:











http://forums.pepipoo.com/index.php?showtopic=152133

Any advice greatly appreciated!

Thanks cp8759,
Will make the appeal today and keep you updated via this thread.

What has paying got to do with it?

Code specific suffixes apply?

Unless the Ts and Cs noticeboard brings this condition to a motorist's attention, by way of thou shalt not park in a bay indicated as being reserved to permit holders etc. and indicates that to do so is a contravention for which a penalty is payable then IMO they're stuffed.

As H C Andersen has explained, if there's nothing on the tariff board about spaces reserved for permit holders, then the "friends of Boston Manor" signs don't mean diddly squat.

The tariff board says:



You haven't done any of those things, so you cannot be required to pay a penalty charge, end of.

Arguably if someone parked in one of those bays with a "friends of Boston Manor" permit, they could be issued a PCN because they're not displaying a valid pay and display ticket or disabled badge, which is what the tariff board requires.

My appeal will be along the lines of "I believe I have not contravened any parking rules based on the fact I had a valid ticket to cover my vehicle from time XX to YY and adhered to all requirements as stated on the tariff board. At no point does it state on the tariff board that a PCN is incurred by parking in a Friends of Boston Manor signposted bay but rather a PCN is incurred by 1.Failing to display a valid parking ticket or disabled badge, 2.Not parking within a bay, 3.Allowing your ticket to be used another person. I have satisfied all 3 of these requirements."

@dj.esco no, why on Earth would you do that?

The council hasn't mentioned anything about the Friends of Boston Manor signs, so why would you bring it up yourself? You're not required to make the council's case for them, so why would you?

If you've sent that already it's too late, but if not let me know and I'll draft something more sensible for you.

Here you go:



Send it online and keep a screenshot of the confirmation page.

Hi all,
Received a response today in regards to my appeal (image links below, 2 pages).
They say my appeal is invalid because of the following:

There is a sign where you parked that explains that the bay you parked in is for people with a
permit.
You were given a PCN for parking without a permit that was both valid and clearly displayed.
Even if you have a permit, you have to display it so that a Civil Enforcement Officer can see all
its details.
You were parked in a bay for people with a permit. Paying to park by phone or online is not
usable here; it is only usable in bays where the signs say that it can be used.


https://imagizer.imageshack.com/img922/2599/LlPENq.jpg
https://imagizer.imageshack.com/img924/7295/5XWbSN.jpg

As mentioned and shown on my original photos from the day, at no point does it state on the tariff board or the ticket machine that there are designated bays for certain types of permits. I double checked this when I parked (I hadn't noticed the sign post behind the bay I parked in until after the photos were disclosed).

Any advice on the next step would be appreciated - I feel that I must be able to contest this based on the tariff board alone.

For later, The London Borough of Hounslow (Off-Street Parking Places) Order 2021.