Author Topic: Worthing & Adur - 86 Valid ticket not displayed - Southwick Square Car Park  (Read 42 times)

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Summary: Got ticketed while I was at the machine paying - the enforcement officer even took a photo that shows me standing at the machine as his evidence.
 
PCN, council photos and my evidence here:
Google Drive · drive.google.com


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Case:
Hi there - wondering if someone can help me with my first appeal on this - how to phrase is properly for the best chance of success.

I parked, walked to the payment point and tried to pay on the MiPermit website using the information on the board. It took some time to update my card details on the site and then it didnt find the car park using the number displayed. After realising that MiPermit was not happening, I started to look for my physical card, and noticed the officer looking at my car. I called over to him that I was just getting a ticket, but he gave me a PCN anyway while I was buying the ticket at the machine. I then took that ticket over and explained to him what happened. He said that MiPermit was nothing to do with him, that he didnt know I was the owner of that car (even though I called over), and that I could appeal if I wanted to. Throughout this, I was either standing at the payment area, or between there and my car talking to the enforcement officer. I didnt ever leave the car park.

Evidence:
- The council's own photo of me standing at the machine
- The parking ticket I bought 3 minutes after he ticketed me - my purchase was delayed by calling over to him to stop.
- A screenshot I took of MiPermit not finding the car park number with an error message - I took this after I realised he'd given me the PCN.

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The PCN gives an observation period 11.46-11.51

I cannot see any times on the CEO's photos, are there any?

Your argument is that you parked, went directly to the payment machine, read and complied with the instructions and finally obtained a ticket at 11.53. You spoke to the CEO while they were in the process of serving the PCN and identified yourself as the driver. They told you(quite correctly) that as the PCN had been prepared it could not be cancelled by them but that you would need to make representations to the enforcement authority.

Seems fair.

Do you evidence of any timed activities e.g. phone activity etc. between when you parked and 11.51?


Hiya - thanks for the reply.

There isn't a timestamp on the council photo, but I imagine it was taken around 11:52/11:53.

Unfortunately, my phone's browser history doesn't tell the full story. It looks as though there is a long period of inactivity, but that's because MiPermit redirected me into NatWest to approve my new payment card, where I spent several attempts trying to get the authentication/payment process to work before returning to MiPermit.

NatWest have confirmed that the first MiPermit card authorisation they can see was at 11:52. I have a screenshot of that, together with a screenshot showing all of the MiPermit approval requests (although frustratingly those only show the date, not the individual times). I'm certain there were earlier attempts, but as those failed before reaching NatWest's systems, they don't appear to have been recorded there.

I also downloaded my Chrome history from Google Takeout. It's supplied as a JSON file, so it's not very user-friendly, but it shows the browser being redirected between MiPermit and secure7.arcot.com during the payment process. From what I can tell, secure7.arcot.com is part of the card authentication flow used during the online payment process. I don't know how much weight that carries, but I've included a sample in the evidence folder here in case it's of any use:

Google Drive · drive.google.com


FML... and thank you!

As long as you know that you did not leave the car park then IMO you should succeed at adjudication. Maybe even with the authority. So you should compile reps on this basis:

I parked;
I had the wherewithal to pay;
I did not leave the car park but found the practical application of the council's payment methods time-consuming;
I spoke to the CEO while they were in the process of preparing the PCN.