Free Traffic Legal Advice

Quote from: Incandescent on January 28, 2025, 04:01:15 pm

It supports your case, so put it in.

Don't be shocked if they reject your reps, because councils refuse almost all informal reps because they know that if they do, most people then just cough-up, thus maintaining their "nice little earner". Councils keep all the money from PCN payments, did you know that ?

The optimist thought the councils existed for the greater good of the borough.

But who decides what that 'greater good' is ?

Reps should be stating that the contravention did not occur as no parking charge was due in the first hour, and you have evidence you were parked for less than an hour.

Here are other possible cases that could be quoted.

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Case reference   2240496252
Appellant   Sham Choudhury
Authority   London Borough of Redbridge
VRM   FD57ZCX
   
PCN Details
PCN   AF07715145
Contravention date   22 Jul 2024
Contravention time   17:01:00
Contravention location   Albert Road
Penalty amount   GBP 80.00
Contravention   Parked without payment of the parking charge
   
Referral date   -
   
Decision Date   30 Jan 2025
Adjudicator   Edward Houghton
Appeal decision   Appeal allowed
Direction   cancel the Penalty Charge Notice and the Notice to Owner.
Reasons   It seems to me that a PCN cannot be issued for a failure to “pay” for something which is free, and for which, by definition, no payment is required. The Appeal is allowed on this ground and it is unnecessary to examine the other issued raised by the Appellant.

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Case reference 2240428886
Appellant Ololade Oluyoye
Authority London Borough of Barking and Dagenham
VRM VX72PCF

PCN Details
PCN BZ61951006
Contravention date 02 Aug 2024
Contravention time 12:11:00
Contravention location Clockhouse Avenue
Penalty amount GBP 80.00
Contravention Parked without payment of the parking charge

Referral date -

Decision Date 24 Oct 2024
Adjudicator Edward Houghton
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice and the Notice to Owner.
Reasons I heard the Appellant in person.
I see no reason at all to doubt her evidence as to what occurred. Essentially on parking her vehicle she immediately began to attempt to make payment but was delayed as a result of poor reception /problems with the app. The PCN was issued whilst she was in the process of attempting to pay.
On parking a vehicle in any sort of bay the motorist is allowed a reasonable time to do whatever is necessary to validate the parking, in this case to make a payment. What is a reasonable time is a question of fact in all the circumstances of the case, and the motorist must of course act promptly. It seems to me that it is inevitable that the technology will not always work as it should and that some reasonable allowance must be made in this situation (although the time would of course eventually come when the motorist has to give up and use another method of payment). On the facts of the present case I am satisfied the Appellant had not exceeded the reasonable time allowable and that, as it transpires, the PCN was not correctly issued.
The Appeal would also fall to be allowed for two more fundamental reasons. The Council has provided an Amending Traffic Management Order but this is of little value in the absence of the “Parent” order which it amends. In the absence of that Order it is impossible to be satisfied that payment was required or if so how it was to be made.
In addition, it appears that the parking session in question was free. If something is “free” payment is not required for it; and unless the TMO contains some particular provision dealing with this point and issuing a PCN for a failure to “pay” is incorrect.


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Case reference 2240441669
Appellant June Rosetta Greenhalf
Authority London Borough of Havering
VRM AC03JAG

PCN Details
PCN HG34158396
Contravention date 29 May 2024
Contravention time 12:20:00
Contravention location Keswick Avenue Car Park
Penalty amount GBP 60.00
Contravention Parked without payment of the parking charge

Referral date -

Decision Date 05 Nov 2024
Adjudicator Sean Stanton-Dunne
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice and the Notice to Owner.
Reasons Mrs Greenhalf has attended the hearing today with her husband, Mr Keith Greenhalf.
This PCN was issued for the alleged contravention of being parked in Keswick Avenue Car Park without payment of the parking charge.
Mrs Greenhalf says that the car was parked for around 15 minutes and the CEO recorded a 6 minute observation period before the PCN was issued. The signage for the car park confirms that the first 30 minutes of parking is free. I accept Mrs Greenhalf's evidence. It follows that there was no parking charge payable.
I have also looked at the images of the tariff board supplied by Mrs Greenhalf. I can see no instruction to motorists that they must register a parking session with Ringo to have the benefit of the free parking period and the conditions of use do not warn motorists of any liability to receive a PCN for failing to register a free parking session.
I allow the appeal for these reasons.

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OK great, thanks.

I'm going to draft something up and put on here. Would be great if someone could have a look to see if its coherent.

Thanks

Received a notice of rejection.

I will be drafting my appeal to the ajudicator soon.

Would be great if someone could scan.

Fopr some reason you are still redacting the PCN no. and reg.mark.



More importantly, you have redacted the date of the NoR, which, as the notice itself explains explains, governs the nex stages in the process.

Please supply the missing info...

Sorry old habits...

See updated above.

I am thinking of responding with the below and including the following evidence:

My receipt for shopping at the specific time
My ring video doorbell showing me leaving and returning back.

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I am making representation of parking ticket issued to my vehicle (PCN XXX) on 23 January 2025. The alleged contravention of “Parked without payment of the parking charge” did not occur, and I request that this Penalty Charge Notice (PCN) be cancelled based on the following grounds:

1.First Hour is Free: The parking terms at the location clearly state that the first hour of parking is free. A charge cannot be enforced for non-payment of a free parking period. I was within this free period at the time the PCN was issued.

2.Evidence of Parking Duration: I have additional supporting evidence from my Ring Video Doorbell, which captures timestamped images of my departure and return. These images confirm that my total parking duration was under 45 minutes, further reinforcing that I was within the free parking period.

3.Precedents from Similar Cases: Several independent adjudications have ruled in favour of appellants in comparable situations:

- Case Reference 2240496252 (Sham Choudhury v. London Borough of Redbridge): The adjudicator ruled that a PCN cannot be issued for failing to pay for a period that is free of charge.
- Case Reference 2240428886 (Ololade Oluyoye v. London Borough of Barking and Dagenham): The adjudicator determined that motorists must be allowed a reasonable time to register their parking and that technical delays should be taken into account.
- Case Reference 2240441669 (June Rosetta Greenhalf v. London Borough of Havering): The adjudicator found that the parking terms did not explicitly require registration for free parking, and therefore, the PCN was invalid.
In light of the above points and supporting case law, I respectfully request that this Penalty Charge Notice be revoked.

You just need to register the appeal. Ask for a personal or telephone hearing.

You are not now making reps but putting forward a case to the adjudicator so you need a different approach/wording.

Thanks,

On the online portal, there are a couple of options to choose from. Which should I choose or does it make no difference?




It also asks why I am appealing - can I not put the blurb I have above in my earlier post?