Author Topic: Merton, Code 82 Parked After the Expiry of Paid For Time  (Read 2158 times)

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Merton, Code 82 Parked After the Expiry of Paid For Time
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My ticket was due to expire at 17.10. At 17.11 I tried to extend the time as I was delayed returning to my vehicle. Unfortunately, I got a message saying I could not extend time due to No Return Rules.

I did not realise this was an issue as you can usually extend the time via the app - so not sure what the difference is with extending the time shortly after the original ticket expired.

I managed to reach the vehicle a few minutes after the expiry time. A ticket was already on my car. It must have just been put on there as I saw the parking attendant walking away. I asked the parking attendant if there was a grace period. He said it was 10 minutes. I looked at my clock and originally thought I was in the grace period. Unfortunately the ticket was issued 12 minutes after the expiry time.

The ticket was due to expire at 17:10 and the PCN was issued at 17:22.

Copies of PCN and screenshots are attached.

Is there any point in trying to fight this?


https://imgur.com/a/m7unUEA

Thank you!

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Re: Merton, Code 82 Parked After the Expiry of Paid For Time
« Reply #1 on: »
PbP apps are set up to match the parking conditions of the location, so when a session expires, extension is not allowed, one must set up a new session, but if there is a condition like "no return in <n> hours", it will not allow you to set up a new session until that 2 hours has expired.
I use RingGo up here in East Cheshire, and 10 minutes before expiry of the session, I get an email from Ringo telling me my session will soon expire; I can then extend the session. Doesn't your PbP app do the same ?

As for this PCN, I can't see any strong appeal argument on the contravention itself, but there may be a technical appeal based on Merton mismanagement of the enforcement process, so wait a bit to see if anything is offered, but don't miss the deadline for the discount, as I don't think this is anything that would win at London Tribunals.

Re: Merton, Code 82 Parked After the Expiry of Paid For Time
« Reply #2 on: »
No - I didn't receive any email from Ringgo to tell me that the time was almost up.

I'll need to go back and checking the parking terms and conditions, but from using that car park before I know that you can park there for the whole day i.e. its not a car park that says you can only park for a maximum of 3 hours.

I also have no idea where they publicise the "No Return" policy - but I'd need to go back to the car park to check if is obvious from the signs.

However assuming the Council has not made it clear that there is a no return policy (other than on the app when you try and extend time and can't) - would that be grounds for an appeal in itself?


Re: Merton, Code 82 Parked After the Expiry of Paid For Time
« Reply #3 on: »
I'll need to go back and checking the parking terms and conditions

As soon as you can pl.

The council's website doesn't refer to a 'No Return' condition:

https://www.merton.gov.uk/streets-parking-transport/parking/carparks/wimbledon#toc-hartfield-road-car-park

Re: Merton, Code 82 Parked After the Expiry of Paid For Time
« Reply #4 on: »
I can't read the terms board on Maps and the CEO didn't include a pic.

Note that you have to opt in to receive text messages reminding you of expiry of time and option to extend. On RingGo these cost 10p.

Obviously you can't extend an expired session so the question is, can you take out a new session. The order I can find seems to not rule it out.

https://www.merton.gov.uk/system/files?file=draft20off-street20parking20charges20order.pdf

8. A driver leaving a vehicle in a parking place shall not leave the vehicle for
longer than the maximum period specified in Column 4 of the Schedule. This
restriction shall only apply where the period specified in Column 4 is less than
the duration of the charging hours specified in Column 2 of the Schedule.
9. A driver who has left a vehicle in a parking place for the maximum period for
which vehicles may be left as specified in the last paragraph shall immediately
remove the vehicle from the parking place and shall not permit the vehicle to
return to the parking place until the expiration of two hours from the time that
vehicle was taken away from that parking place.





Re: Merton, Code 82 Parked After the Expiry of Paid For Time
« Reply #5 on: »
That's really useful. Thank you @stamfordman.

I'll see if I can get a clearer picture of the Ts & Cs - but sounds like there may be an arguable case?

The issue with Merton is that they almost always reject informal representations without any consideration and so I'm trying to weigh up whether there is any chance of fighting it.

I'll post a picture of the Ts & Cs once I have them .




Re: Merton, Code 82 Parked After the Expiry of Paid For Time
« Reply #6 on: »
Here is a copy of the Ts & Cs from the car park.

There doesn't appear to be any mention of a no-return policy other than you cannot return to the car park within 1 hour of leaving it. In this case I did not leave the car park.

Whilst it says is that a 3 hour time limit applies in other bays, I was trying to extend for a further 20 mins (on top of the existing 2 hours I had paid for).

Worth the fight?

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Re: Merton, Code 82 Parked After the Expiry of Paid For Time
« Reply #7 on: »
Quote
There doesn't appear to be any mention of a no-return policy other than you cannot return to the car park within 1 hour of leaving it. In this case I did not leave the car park.
When the paid-for period expires, it is assumed you have left, and so you can't add more time, nor open a new session until one hour has elapsed.

Re: Merton, Code 82 Parked After the Expiry of Paid For Time
« Reply #8 on: »
With respect, the only restriction in this respect is if a vehicle leaves, not if it's thought that it's left.

OP, you were in contravention from 17.10 to 17.11 but exempt from a penalty by virtue of the 10-minute 'grace' regulation.

Your ticket expired at 17.10
You tried to extend parking at 17.11 remotely
The council's system would not allow this, this is a systemic fault with the system which erroneously treats every expired parking period as meaning that the vehicle has left the car park which then triggers the 'no return within 1 hour' restriction by not permitting extensions of paid for time despite the fact that the publicised maximum period is 13 hours.

Re: Merton, Code 82 Parked After the Expiry of Paid For Time
« Reply #9 on: »
Merton Council have responded to my appeal. They accept that I tried to extend my time within the 10 minute grace period - and can see this from the Ringgo app logs. However they haven't addressed any of my points regarding the lack of signage about returning to the car.

Is this worth fighting or just paying the reduced amount?

https://imgur.com/a/cHG0K1l

Re: Merton, Code 82 Parked After the Expiry of Paid For Time
« Reply #10 on: »
It's nonsense*, but it also questions one of your statements which I think you need to address.

They say that their investigation shows an attempted payment at 17.20.

You told us 17.11.

Where's your evidence? (I can see the 'no return' RingGo message, but it's not timed as far as I can see).


*- the draft order which we've seen does NOT impose a no-return within 2 hours condition because for Hartfield Road this applies only if article 9 applies, but it doesn't because the max hours are 24 - Column 4, and these exceed those in column 2.

And it would be 2, not 1 as they say.

The only caveat is that we've only seen a draft and we really need to see the order itself.

Re: Merton, Code 82 Parked After the Expiry of Paid For Time
« Reply #11 on: »
I didn't screenshot the attempt i made at 17.11 as at that point i didn't realise it was an issue. I started walking to the car park. My last attempt was at 17:20 which was within the "10 min grace period" but 2 minutes before the ticket was given.

I just wondered if their failure in the response to no consider my representations regarding the signage not being compatible with the app. The app does let you extend time and you can extend time if you pay by machine. The restrictions that they refer to seem to be where you leave the car park and then attempt to return (e.g. if you have reached the max time for parking - which I hadn't).

Re the order that you mention - where might i be able to get a final copy of the order? Any ideas?

Re: Merton, Code 82 Parked After the Expiry of Paid For Time
« Reply #12 on: »
I'd wait for the NTO and submit refined reps which take into account their response.

Some of our posters know how to find traffic orders, but you could contact the council yourself. Don't ask for parking enforcement, ask for traffic management and then the current off-street parking places order which regulates Hartfield Road car park. 

Re: Merton, Code 82 Parked After the Expiry of Paid For Time
« Reply #13 on: »
I didn't screenshot the attempt i made at 17.11 as at that point i didn't realise it was an issue. I started walking to the car park. My last attempt was at 17:20 which was within the "10 min grace period" but 2 minutes before the ticket was given.

I just wondered if their failure in the response to no consider my representations regarding the signage not being compatible with the app. The app does let you extend time and you can extend time if you pay by machine. The restrictions that they refer to seem to be where you leave the car park and then attempt to return (e.g. if you have reached the max time for parking - which I hadn't).

Re the order that you mention - where might i be able to get a final copy of the order? Any ideas?

Be careful; the facility to extend time is only valid within the parking session in progress. Once you run over the paid for time, you have to take out a new session, and if there is a "no return in n hours" in force you won't be allowed to even take out a new session. The 10 minute grace period, (England only, btw), is just that, a grace period whereby a CEO cannot serve a PCN until 10 minutes have elapsed. You are still in contravention, but you can drive off without penalty because of this grace period.

Re: Merton, Code 82 Parked After the Expiry of Paid For Time
« Reply #14 on: »
@Incandescent, 'Once you run over the paid for time, you have to take out a new session, and if there is a "no return in n hours" in force you won't be allowed to even take out a new session.'

IMO, according to the signs and draft there's no legal impediment to starting a new parking session, according to the draft the 'no return' applies only if one has exceeded to maximum permissible parking period, and the OP hadn't.

In any event, there's no such reference in the sign attached to the rejection despite this supposedly supporting the authority's statement.

They get so used to received wisdom that no one ever bothers to check.