Free Traffic Legal Advice

It is important that you submit an informal challenge to this PCN rather than just cough-up, but the mistake is yours as you admit, so it needs to be "soft" where you admit the error but point out the council have lost no money whatsoever, as the fee was paid.

Some councils will cancel the PCN if this the case, but I'm not up-to-speed on Medway, I'm afraid.  They may have an enforcement policy document somewhere on their website, so have a look around it.

Base your representations on your narrative here, and post up their reply when you get it.

Please post the PCN, please, all sides.

Thanks very much for the quick response, I've added a link to the PCN images.

I'll try to look on their website tomorrow, hopefully it will be back up.

Don't forget to include a copy of the Ringgo receipt with your reps.

I inadvertently selected a different car to the one I had parked - CXO rather than EUT - one I had been driving earlier today for a different journey.

Are you the registered keeper or regular driver(in what capacity) of either car? I ask because IMO your request for mitigation would be stronger if you could show that you were linked to both cars. Remember, they don't know you from Adam or Eve so give them as much as you can to support your argument that it was a genuine mistake by a driver who drives more than one car.

Who is the registered keeper on the V5C Registration Certificate of your wife's car ?

Who is the registered keeper on the V5C Registration Certificate of your wife's car ?

She is.

Looks good to me.

Response received, appeal rejected:



PENALTY CHARGE NOTICE: MW91972500
I refer to your recent appeal regarding the above Penalty Charge Notice.
Whenever a vehicle is parked in a Medway Council `Pay and Display` car park for however
short a period, a ticket should be purchased and clearly displayed in the vehicle.
Alternatively, a valid RingGo session must be purchased for the correct vehicle and car park
location.

In exercising our discretion to cancel a penalty charge notice, the circumstances detailed in
your representations have been considered and all reasons for appeal have been taken into
consideration.

Although you have stated that you did purchase a parking session but you selected the
wrong vehicle due to having several vehicles saved into your app, I am unable to accept this
as mitigating circumstances because the parking session was not registered to the vehicle in
question.

I would like to advise that it is the drivers responsibility to ensure the correct vehicle and
location have been selected when paying via RingGo. Or, that you have purchased a pay &
display ticket for the correct vehicle and correct location. If the app reverts back to a previous
vehicle then you must amend accordingly. This must be done prior to leaving the vehicle.
Whilst I accept that this was genuine error by the driver in selecting and paying for a different
vehicle, a genuine mistake does not negate liability.

As per Medway Council’s Parking Enforcement Policy, an observation period of a minimum 5
minutes should be given to vehicles seen parked in pay and display bays without a valid
ticket/session. I can confirm that the Civil Enforcement Officer gave your vehicle an 7 minute
28 seconds observation period and no activity was seen around the vehicle.

Please find attached a copy of the link to our website for you to view the photographic
evidence that endorses the fact that the Penalty Charge Notice was correctly issued. To
access this page, you will require your vehicle registration and penalty charge number
http://www.medway.gov.uk/parkingandtransport/parkingticketsandfines.aspx

I am unable to affect a cancellation on this occasion. I would therefore ask you to make
payment of £25.00 within 14 days of the date of this letter in order to take advantage of the
discount of 50% available for early payment of the Penalty Charge Notice. Failure to pay within the discounted period will result in the Penalty Charge Notice being enforced at its full value of £50.00.
Should you wish to appeal further a `Notice to Owner` will be sent to the owner/keeper of the
vehicle at which stage the Penalty Charge Notice will stand at £50.00. Full details of how to
appeal will be given on the `Notice to Owner`’. If you disagree with the council’s decision at
the Notice To Owner stage you can appeal to the independent adjudicator. You can appeal
by visiting the tribunal’s website: www.trafficpenaltytribunal.gov.uk/appeal

Please note the Parking Office has the facility to accept payments by
Credit/Debit/Switch/Delta cards by using the automatic payments system on 01634
334477, or pay online at www.medway.gov.uk

Yours sincerely,