Free Traffic Legal Advice

Hello Everyone,
This is my first post, so please forgive any oversights etc.

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I received a PCN from LB Barking and Dagenham because I did not book the first free hour of parking in the app, even though I subsequently paid for four hours from the end of this first hour on the same app.
I later realised that there was a sign on the board that mentioned this requirement, but ignorance/oversight will not help as a defence.
I read a previous post on this forum where a member was able to get a similar PCN reversed by appealing it on the basis of the wrong categorisation being used for the PCN. The member relied on a previous case heard by tribunal.
I thus sought to rely on the same defence. This is the summary of my submission:

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Contravention: 73 PARKED WITHOUT PAYMENT OF THE PARKING CHARGE

Reason for appeal: 'Any other reason'
"I challenge liability on the ground that the ticket has been issued with an incorrect contravention code, as a vehicle cannot be "parked without payment of the parking charge" when no charge is applicable (as the first hour is free), therefore the PCN should have been issued for the alleged contravention of being "parked without displaying a valid pay and display ticket".
I would like to refer you to case 2210237357 at the London Tribunal (Carmody v London Borough of Redbridge) where an appeal against a PCN was allowed for the alleged contravention of being parked without payment of the parking charge. In the exact words of the adjudicator “The appeal was allowed because the PCN was issued for the wrong contravention. A vehicle cannot be parked without payment of the parking charge when no charge is payable. The PCN should have been issued for the alleged contravention of being parked without displaying a valid pay and display ticket.”
This is exactly the same situation in my case.'

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They have responded to reject this defence on the basis that the signage means that the ticket was issued correctly.

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My question is if my defence will be valid if I should allow the case to go tribunal or should I just settle at ths stage?

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Hope I have outlined the situation clearly enough - but happy to provide any more information to help.

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Thanks in advance.

Location: https://maps.app.goo.gl/o1H4T8Cd5iTfnfdw6

https://imgur.com/a/3DPWxo8

This actually exceeds the time allowed. As I check the signage , it says " 4 hours maximum stay , no return within 2 hours"

Original posting updated - I could not find the original PCN, so I posted the latest correspondences I had.

Dear All
Received the notice to owner today - I intend to appeal. Does any one have any advice for me at this stage, please?

This is my narrative:

We arrived in the parking space at 20:30, so the time at which the pcn was issued was within the first free hour of parking as stated by the signage at the entrance of the car park. I also spoke to the officers in the park and they confirmed my thinking was corrrect. We then paid for parking from 21:30, as the attached evidence shows. We acted within the displayed signage and the advice given by the officers to the best of our knowledge. They did not advise about the need to book the first hour in the app and we missed the signage.


Their initial response to our appeal was as per the letter I earlier posted.

It appears that the officers initially clocked the car at 20:48, took a picture of the signage at 20:49 and then issued the pcn at 20:51.


Hope this gives a clear enough picture?

Thanks

Thanks for the responses.

Does this mean my defence on the technical point of the contravention not having occurred, backed by precedent, will not be effective at tribunal?

Well, the sign does make clear - if I had read it!

In the event, I relied on my conversation with the enforcement officer - who I cannot identify - so I think my only hope of a defence will be through the technicality clause.

An adjudicator checking the order will see:

(17) When commencing the start of the parking period (including a free parking period) the vehicle must be registered on the telephone payment parking system, app or at a pay point location. For any period of parking in excess of a free parking period a charge applies as stated in the table above

https://www.lbbd.gov.uk/sites/default/files/2024-06/ID374%20-%20Fees%20and%20Charges%20NOI%20v2.pdf

But the contravention of not paying is not the same as not registering and I'd say the correct contravention is:

Parked without a valid virtual permit or clearly displaying a valid physical permit where required