Free Traffic Legal Advice

Hi,

Thanks in advanced for any advice!

I was visiting Lewisham Hospital yesterday for our 36 week scan (all good thankfully!), I parked on Lewisham Park in a bay that requires a permit, or payment via PayByPhone (see signage in image). We were running late so needed to head to the hospital whilst I processed the payment. 3 failed attempts at payment (with three different cards) through the PayByPhone app, 1 failed attempt by phone where their system just hung up on me, and finally successful payment on the web, meant that between arriving at 11:04 (timestamp from image of signage), it was only at 11:19 that a permit was paid for. Of course, during that time, the car was observed (11:07-11:17) and a PCN issued.

- Arrived 11:04 - timestamp on image of signage (https://drive.google.com/file/d/1HRl_NZ7tKzWhLcLezJtNXP3AiYPZUwP6/view?usp=drive_link)

- 11:08 - 11:09 - 3 failed attempted at payment through app - timestamp of screenshots (https://drive.google.com/file/d/1eZK8vHjuTWzy4QCxTTS4LMgif4DwvUKq/view?usp=drive_link, https://drive.google.com/file/d/1j-wPaEOxnjduxagGJ3GVCBSEKtFA0Rpz/view?usp=drive_link, https://drive.google.com/file/d/1AGzUCJ4pEoKVn1F_tS0JuDl7lkypDXYU/view?usp=drive_link)

- 11:09 - 11:15 - failed attempt to pay by phone - time record of call of PayByPhone (the 0800 number at the bottom) (https://drive.google.com/file/d/1YjI3xKgKLs8ED58aTbCxo0sbZIxAcR5Q/view?usp=drive_link)

- 11:17 - PCN issued (https://drive.google.com/file/d/1NXCO9qIf6lNw0kBuDwNEW__Ng8hgrxAO/view?usp=drive_link)

- 11:19 - successful payment via the PayByPhone website - receipt (https://drive.google.com/file/d/1HeYegsOy8jrVa_CF1kCyfuvg-gv5kAFQ/view?usp=drive_link)

I accept that during the time of observation, I didn't have a valid permit, however my argument is that for all of that time, I was making reasonable efforts to pay for the parking, and have evidence to that effect.

Any chance this stands up to appeal, or just accept and move on?

Thanks!

Thanks for the advice, much appreciated.

Current draft response, for feedback:

I am writing to request cancellation of PCN (XXXX) on the basis that time must be allowed to make payment for the required virtual permit.

The timeline of events relating to the PCN was as follows. Evidence of each stage is supplied, with timestamps.

- 11:04 - Arrived at parking location - see attachment 1 - “Parking Signage”
- 11:08 to 11:09 - 3 failed attempts to pay using the Pay by Phone app. 3 different payment methods attempted - see attachments 2, 3 and 4 - “App Payment Attempt 1-3”
- 11:09 to 11:15 - Failed attempt to pay over the phone to the Pay by Phone 0800 number. Pay by Phone system disconnected after 6 minutes - see attachment 5 - “Phone Payment Record”
- 11:19 - Successful payment made on Pay by Phone website - see attachment 6 - “Parking Receipt”

It is accepted by adjudicators that time must be allowed for payment to be made for parking. In this instance, that time period was longer than normal, however this was due to errors with the Pay by Phone systems, and not through any fault of mine. The evidence provided demonstrates that for the period of observation for the PCN (11:07-11:17), I was making all reasonable efforts possible to pay for parking, and in fact did so at the earliest opportunity.

That is a very good, and very true, point!

Thanks - a slightly softer approach below. What do you think? 

I am writing to request cancellation of PCN (XXXX) on the basis that time must be allowed to make payment for the required virtual permit. For context, I was parking in the given the location for an urgent hospital appointment for my heavily pregnant partner. Whilst we weren’t with the vehicle whilst making payment for the virtual permit, as it would have been unsafe for my partner to proceed to the hospital alone, we made every effort to do so in a timely manner, and it was duly delivered (no pun intended…) according to the timeline below.

- 11:04 - Arrived at parking location - see attachment 1 - “Parking Signage”
- 11:08 to 11:09 - 3 failed attempts to pay using the Pay by Phone app. 3 different payment methods attempted - see attachments 2, 3 and 4 - “App Payment Attempt 1-3”
- 11:09 to 11:15 - Failed attempt to pay over the phone to the Pay by Phone 0800 number. Pay by Phone system disconnected after 6 minutes - see attachment 5 - “Phone Payment Record”
- 11:19 - Successful payment made on Pay by Phone website - see attachment 6 - “Parking Receipt”

We feel we made all reasonable efforts available to secure the virtual permit, as quickly as possible, whilst maintaining the safety of those present. We accept that the period of observation for the PCN (11:07-11:17) falls within the timeline above, however we would hope that reasonable time to pay would be afforded, especially given the context.

Hi,

Had a response from Lewisham on this, they find no grounds for cancellation, their response attached.

Whilst they accept the timeline given, and efforts made, their view is that no permit was in place whilst the CEO observed the vehicle (which I pointed out...).

It's frustrating that they say "Please be advised parking time must be sought immediately after parking", which I feel is exactly what I did. I accept I left the vehicle during this time, but they have given no appreciation to the context.

Is it worth pursuing this any further? If they are very unlikely not to change their minds I'd rather not risk the increase to £160.

Thanks!

Thanks for the response. So the process from here would be to not pay, wait for the Notice to Owner letter that they say they'll send? That will give me the chance to contest further? Thanks!

Looks like clumsy fingers by the CEO as there is just 4 mins between the PCNs. There are no pics for the first one so I expect the CEO accidentally logged it and it shouldn't be a problem to get it cancelled by referencing the second one that was served on the car as pics show.

I'll have a think about reps for the rejected one.

Hi,

Just wondered if you'd been able to consider the response to the original PCN?

Thanks!