3. Merton - Contravention code 83 parked without displaying a ticket
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Re: Merton - Contravention code 83 parked without displaying a ticket
« Reply #15 on: »
There were ringo signs dotted about with that being the only sign saying the details and two pay machines which were able to give a ticket.
« Last Edit: April 19, 2025, 06:00:24 pm by fizz90 »
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Re: Merton - Contravention code 83 parked without displaying a ticket
« Reply #16 on: »
Ok then, so it appears as though the sign is fine and the contravention is accurately described because there is the availability of physical tickets in the car park. I’m not really sure what else there is to argue other than the incorrect location which is ironic because I also paid for the incorrect location… just mine was with the incorrect car too…
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Re: Merton - Contravention code 83 parked without displaying a ticket
« Reply #17 on: »
When you get the notice to owner I will draft something for you.

For later: The Merton (Off-Street Parking Places) (No. 1) Order 2019
« Last Edit: April 19, 2025, 06:32:13 pm by cp8759 »
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Merton - Contravention code 83 parked without displaying a ticket
« Reply #18 on: »
IMO, the contravention description does not 'properly describe' the offence.

How could 'not displaying.....' describe a situation where display is optional i.e. you may purchase parking rights without displaying anything.
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Re: Merton - Contravention code 83 parked without displaying a ticket
« Reply #19 on: »
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Merton - Contravention code 83 parked without displaying a ticket
« Reply #20 on: »
Thank you both for all your help.

I am a bit nervous not coming back on this PCN at all - given that, like you say, either appealing and being rejected or waiting it out will both generate an NTO, would it ruin anything if I did send across an appeal at this stage?

I have drafted something below - if you could did have a moment to give your thoughts that would be most appreciated.

Appeal: PCN number #########

I am appealing the aforementioned PCN on the grounds that the location and contravention listed on the PCN are inaccurate and therefore the PCN is not legally enforceable.

Paragraph 2(c) of Schedule 2 of The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 states that the PCN must include “the grounds on which the civil enforcement officer issuing the notice believes that a penalty charge is payable.”

The location is listed as Hartfield Road, Wimbledon. This is location number 19141 on the ringo app.

The evidence taken by the enforcement office shows the car parked with the rear of the car against a wall, not along the side of a road. This is in Hartfield Road Car Park, location number 17303. Please see a photo of a different car in the same location taken during the day. Additionally, the Google maps location provided as evidence of the location of contravention is clearly the car park and not Hartfield road itself.

The PCN states that DY10 BGO was parked in Hartfield Road, and the contravention said it was parked in a car park without clearly displaying a valid pay and display ticket, or voucher, or parking clock. Firstly, given that the car park allows motorists to pay for parking on ringo, the contravention does not adequately capture that there is both the option to display a ticket or pay for parking virtually on the app. Secondly, as the car was not parked in Hartfield Road, but rather in Hartfield Road Car Park, with the two having completely different location names (in addition to location numbers on the app), the contravention is not adequately documented in order to make this PCN legally enforceable.

Given that no contravention occurred on Hartfield Road for the car with registration DY10 BGO, and that the contravention does not adequately detail the payment options available to motorists, please could you cancel the penalty.

Let me know your thoughts? I know your recommendation is to just wait it out, but how much damage will be done with the above appeal? The evidence was easily accessible through the Merton website, and like I say includes a Google location inside the car park. I will attach.

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Re: Merton - Contravention code 83 parked without displaying a ticket
« Reply #21 on: »
It would weaken your case, I have PM'ed an explanation of the reasons why.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Merton - Contravention code 83 parked without displaying a ticket
« Reply #22 on: »
Notice to Owner received!

If you are able to help with next steps at all, that would be great?

It doesn’t mention the reduced amount again though…

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Re: Merton - Contravention code 83 parked without displaying a ticket
« Reply #23 on: »
Do you have proof of payment for the session you actually bought?

The NTO never mentions the discount because by law it must demand the full payment, that doesn't stop them from re-offering the discount at the next stage.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Merton - Contravention code 83 parked without displaying a ticket
« Reply #24 on: »
Yes I have proof of payment - but it was for the wrong car at the wrong car park. There was no internet available on the app for some reason and when I went to pay when I had walked out of the car park and internet had come back it had reset everything to my last session but I hadn’t realised as I was on the move then.
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Re: Merton - Contravention code 83 parked without displaying a ticket
« Reply #25 on: »
Is the car park you paid for a Merton car park? If so, was the tariff the same?
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Merton - Contravention code 83 parked without displaying a ticket
« Reply #26 on: »
Nope it was an Epsom car park and had cheaper rates… I really just made an error here but genuinely thought I’d paid for parking
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Re: Merton - Contravention code 83 parked without displaying a ticket
« Reply #27 on: »
Have a read of https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/ealing-cumberland-road-w7-code-53j-failing-to-comply-with-a-restriction-on-vehic/msg56444/#msg56444

I will set up a custom link to the Russo v Plymouth decision that I will PM you, you can replace the work "link" in the draft below with the link I will PM you and that way if they don't bother to open it, we will have an additional ground of appeal (procedural impropriety owing to failure to consider).

Dear London Borough of Merton,

The notice to owner alleges a contravention on Hartfield Road, as Hartfield Road is a highway it cannot also be a car park. It would appear that in the first instance the CEO must have erroneously selected an off-street contravention for whatever it is he believed had taken place on Hartfield Road. In any event the paid parking bays on Hartfield Road allow for payment to be made via RingGo, which means that the contravention alleged cannot have occurred irrespective of the factual circumstances. Where there is a cashless payment option and a pay & display ticket is not required, there cannot be a contravention of failing to display something that need not be displayed, I refer you to the decision in Lydia Russo v Plymouth City Council which is available at link

In light of the above the alleged contravention did not occur and the penalty charge must be cancelled.

Yours faithfully,

Please take a timed / dated screenshot of the confirmation page.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Merton - Contravention code 83 parked without displaying a ticket
« Reply #28 on: »
Thank you so much for this - I have the link too.

Please could you confirm which I should check? The contravention did not occur?

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Re: Merton - Contravention code 83 parked without displaying a ticket
« Reply #29 on: »
Quote from: fizz90 on May 10, 2025, 07:24:15 pm
Please could you confirm which I should check? The contravention did not occur?
Yes.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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