Author Topic: PCN from London Borough of Barnet - I paid the parking charge 2 minutes after the observation period  (Read 249 times)

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Any advice gratefully received.

PCN on the windscreen from LB Barnet. I was observed from 10.09 to 10.12 on 2/1/26 and given a PCN, contravention 11 parked without payment of the parking charge.

I went from the car into a local restaurant as it was a very cold day and tried to pay using the paybyphone app, as this is the only way of paying. Due to being sat deep in the restaurant, I had limited phone signal. After a couple of minutes I gave up and asked my partner to pay using their phone on a different network. They paid for the parking at 10.14. So just 2 minutes later after the observation period.

I thought that there should be a 5 minute observation period according to gov guidelines.

Is this sufficient mitigating circumstances? I only have 14 days to pay £55 rather than £110.

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As usual, for meaningful advice please have a read of
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

and post up here
(use
ibb.co or https://imgpile.com/
for posting images.
Wherever possible, use the BBCode.)

both sides of the  unredacted PCN ( - leave everything in),
a GSV link to the location,
and any council photos/video.

I don't really want to show identifying information. I realise this may limit replies, but if anyone can comment based on what I posted I would be grateful.
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I don't really want to show identifying information. I realise this may limit replies, but if anyone can comment based on what I posted I would be grateful.
What identifying information ? Your car registration is on view every time you take it out of your garage and go around on public roads, and the PCN has no address on it. Even if we use both of these together  to look at the video, there is no link whatever to your name and address. Frankly, you'll get little to no useful advice if you don't give more info. Sorry to have to say it.
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You should never leave the car before paying but if there is 2 mins between the PCN and parking you have a good case you were in the process of paying, perhaps augmented by it being too cold to deal with the phone outside. But they did observe for 3 mins.

I had to leave the car in order to read the location number and payment instructions on the sign. Once out of the car it seemed sensible to then go into the restaurant nearby rather than return to the car.

Draft a short challenge and we'll tweak it.

I would like to ask for mitigating circumstances to be considered. I attach proof of paying the parking fee at 10.14. This is just 2 minutes after the 3 minute observation period ended. If 5 minutes had been allowed, as is allowed in your own code for other offence codes, I would have been within the observation period.
The reason it took me over 3 minutes to pay for parking was that, having exited the car to look at the location number on the signage, I then went inside the restaurant 'bluebelles', a mere 70m from the parking bay. Having taken a seat deep in the restaurant I then struggled with mobile phone signal to access the parking app. I asked my wife, who was with me, to try on her phone as she is on a different network and she paid the parking fee without difficulty. I would ask that you cancel the PCN in view of the fact that the parking fee was paid, albeit 2 minutes after the observation period.

That won't do - I'll redo it.

I'd like to see the council's pics - can you post them?

That won't do - I'll redo it.

I'd like to see the council's pics - can you post them?

Their website has a problem with viewing the pictures. https://www.barnet.gov.uk/parking/parking-and-traffic-enforcement/challenge-penalty-charge-notice-pcn#title-0
 There is a message

"Some photographic and video evidence is not yet available to view.

All timescales to pay or challenge a PCN affected by the system being unavailable will be extended. "

I've used AI to tidy up my writing:

"I respectfully request that the Council exercise discretion and consider the mitigating circumstances in this case.

I attach evidence confirming that the parking fee was paid at 10:14, which was only two minutes after the three-minute observation period had expired. The delay was minimal.

The short delay occurred because, after leaving my vehicle to check the location number displayed on the parking signage, I went inside the nearby restaurant Bluebelles, approximately 70 metres from the parking bay. Once inside, I experienced difficulty obtaining a mobile phone signal in order to access the Council’s parking app. I therefore asked my wife, who was with me and uses a different mobile network, to attempt payment on her phone. She was able to do so successfully, and the parking fee was paid immediately.

The vehicle was not left unattended without intent to pay, and the correct parking fee was paid in full. Given the minimal delay, the genuine technical difficulty encountered, and the clear intention to comply with the parking requirements, I respectfully ask that the Council cancel the PCN in accordance with its discretionary powers and the principles of fairness set out in statutory guidance.

I would be grateful if the Council could consider this appeal in line with the Secretary of State’s Statutory Guidance, which encourages authorities to act fairly and proportionately and to exercise discretion where appropriate."

Is this better?

No, you don't want to concede it's mitigation. They will probably reject based on the observation time.

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The contravention did not occur as I was in the process of paying for parking, which I completed at 10:14, very shortly after the PCN was issued.

I understand that I am allowed a short time to buy parking after arriving. In this case I went to check the parking sign, had difficulty with the mobile signal, and as it was too cold to fumble around for long, joined my wife in xxx restaurant where we quickly used her phone to complete the session (receipt enclosed).

I trust you will cancel the PCN on this basis and look forward to your confirmation.