Free Traffic Legal Advice

A ticket attached to windscreen for parking in a car park without a ticket.

When I had selected the car park and car on ringo it seemed to have no internet to complete the payment process despite being in the middle of Wimbledon. When I got internet again I continued the process but somehow it had reverted back to the most recent car park and car used which meant I paid for our other car to be parked in a completely different car park in a completely different borough instead.

No idea how this happened, I guess I wasn’t expecting it to change and so didn’t double check before purchasing. Is there anything that can be done? I’m very early days pregnant and nauseous and just didn’t double check when the internet finally came back.

Either way I will appeal. I have some good text from a previous appeal I did on my own a couple of years ago (and won) as follows, let me know if it’s worth incorporating (have updated the reasons for this case):

Government guidance https://www.gov.uk/government/publications/civil-enforcement-of-parking-contraventions/guidance-for-local-authorities-on-enforcing-parking-restrictions suggests the following:

“An authority has a discretionary power to cancel a PCN at any point throughout the process. It can do this even when an undoubted contravention has occurred if the authority deems it to be appropriate in the circumstances of the case.

Under general principles of public law, authorities have a duty to act fairly and proportionately and are encouraged to exercise discretion sensibly and reasonably and with due regard to the public interest.”

In this particular circumstance, I am asking you to please cancel the PCN mentioned above on the basis that:

- I had selected the correct car park and car but there was a problem with the internet which meant I couldn’t complete payment
- when this was rectified I had assumed the same choices were still selected and had no reason to believe that it would have reverted to the most recently/frequently used options
- in the early stages of pregnancy I am feeling very nauseous which impacted in not double checking the entries were correct post the internet coming back.

The guidance permits cancelling PCNs, even with an undoubted contravention, where it is appropriate. It also encourages local authorities to be sensible and reasonable in these situations. This, I hope you will agree, is one of those situations, and therefore please could you cancel the PCN and confirm via email.

@cp8759 Is this a lost cause?

Should I ask for the photo evidence they say they have? Yes I am the registered keeper.

I attached some pics from Google maps but they’re out of date, but there were ringo signs that were visible, but nothing about the times these were in operation from immediately clear. I didn’t look much further as I logged onto ringo with the intention to find out more there.

[ Guests cannot view attachments ]

Ok so not respond to this roadside one and wait for the actual notice to keeper to be sent to me?

Hi there, sorry to bother you - I am yet to receive a NTK - is that meant to be sent within a time limit? Will it operate in the same way as the PCN or will it just demand the full amount?

Thanks so much for coming back to me. The detail I have seen on the council website and from researching is that you have to respond to a roadside PCN, it is legally enforceable - is that not the case? Do they have to give the discounted rate for another 14 days after the NtO or is that discretionary?

Also I went back to the car park and took photos. I don’t think the signage is adequate, but it does allow a ticket to be printed in the car park.

[ Guests cannot view attachments ]

Do they have to give the discounted rate for another 14 days after the NtO or is that discretionary?

Why don't you ask them?

From the Secretary of State's Statutory Guidance:
Authorities should formulate (with advice from their legal department) and then publish their policies on the exercise of discretion. They should apply these policies flexibly and judge each case on its merits. An enforcement authority should be ready to depart from its policies if the particular circumstances of the case warrant it.

The process of considering challenges, representations and defence of appeals is a legal process that requires officers dealing with these aspects to be trained in the relevant legislation and how to apply it. They should be well versed in the collection, interpretation and consideration of the evidence, writing clear but concise case-specific responses to challenges, enquiries and representations, presenting the authority’s case to adjudicators.

Authorities should ensure that their legal departments are involved in establishing a processing system that meets all the requirements of the law.

The parking information in the car park doesn’t actually have a numerical value for the penalty included in the terms at all. I know on another PCN I have appealed against I utilised the parking eye sign where the amount of penalty is clear - is this not something councils need to do with their car parks?

No, penalty charges (as opposed to private parking invoices) are set by statute and do not need to be displayed anywhere. They are required to be published but London Councils publishes them on their website, so they're covered.