3. Merton Parking PCN
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Merton Parking PCN
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Hi,

I received a parking PCN by Merton council at Morden park Car park at 12:50 (free from 13:00!) on Saturday 9 Sep, Contravention code: 83. It's a pay and display. I did buy a ticket but for some reason it fell off of the dashboard (maybe because one window was left slightly open). It was unfortunate :(

I'd like to appeal and am following Merton's PCN site to challenge it. It shows this:
"We may be able to cancel your Penalty Charge Notice (PCN) if you are able to provide us with a copy of P&D ticket that would have been valid at the time of contravention.
In line with the appeals policy, an appeal may only be accepted if
• It can be shown that you displayed a valid P&D ticket at the time of the contravention
OR if all of the following are true:
• The ticket was on display, but was facing down or was otherwise unreadable, and
• the Civil Enforcement Officer (CEO) did not say that the obscured ticket was invalid, and
• the vehicle was otherwise parked in line with the Highway Code, and
• we have not cancelled a PCN for you in similar circumstances.
If you meet the criteria above then select ‘Continue’ to start the appeal. We will take you through the process of providing the evidence we need to allow us to cancel the PCN.
"

Is the ticket considered not on display? Oh another thing is that the ticket has the expiry time but doesn't have a purchase time. How should I write the appeal?

Thanks very much!
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Re: Merton Parking PCN
« Reply #1 on: »
How does one prove one has displayed the ticket on the dash ?  Well, obviously only if you take a photo of the ticket on the dash, but Merton are being rather disingenuous here as almost nobody takes a photo.

I would proceed and state that as you have done so many times over nn years of living in Merton, that you obtained a ticket and placed it on the dash of the car in accordance with the car park conditions. You should also supply a copy of the ticket. If the ticket gives the amount paid, plus the end-time, then it is surely just a matter of arithmetic to work out the issue time.

Put up a draft representation here for comment before submitting, but don't miss any deadlines given on the PCN.
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Re: Merton Parking PCN
« Reply #2 on: »
Thanks for the reply!

My draft, any suggestions are welcome:
"
In response to the PCN (MT71713100) dated 09/09/2023, I would like to formally challenge it.

As I have done many times over the 2 years of living in Merton, on 9th Sep 2023 I did obtain a ticket and place it on the dashboard of the car in accordance with the (Morden Park) car park conditions. Please find attached a copy of the ticket, which shows the expiry time at 13:00 (covering the time of alleged contravention) and the amount paid. In this occasion, unfortunately it appears that the ticket fell off of the dashboard for some reason, perhaps due to a slightly open window. 

Also, I used the car park frequently as we go the gym there and always purchased a ticket during the operating hours. I also kept a few recent tickets which I can supply a copy on request.

As I did buy a ticket, I request the PCN to be cancelled. Thank you!

"

I believe I need to submit by Friday (i.e., within 14 days) to retain the reduced amount in case of a rejection?

Please also see the PCN for any potential technical errors I may use against. I noticed the observation time appeared to be only 1 minute (12:49-12:50). Is it sufficient?

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« Last Edit: September 20, 2023, 05:58:55 pm by Snowynight »
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Re: Merton Parking PCN
« Reply #3 on: »
Quote
Please also see the PCN for any potential technical errors I may use against. I noticed the observation time appeared to be only 1 minute (12:49-12:50). Is it sufficient?
We need to see all pages of the PCN, as errors are often found in the routine stuff.

There is no legal requirement for observation time.
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Re: Merton Parking PCN
« Reply #4 on: »
Thanks. I've updated my last reply with the back of the PCN attached too.
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Re: Merton Parking PCN
« Reply #5 on: »
Quote from: Snowynight on September 20, 2023, 02:04:43 pm
Thanks. I've updated my last reply with the back of the PCN attached too.
PCN looks kosher, I'm afraid.
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Re: Merton Parking PCN
« Reply #6 on: »
Thanks. Any advice on my draft?
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Re: Merton Parking PCN
« Reply #7 on: »
For me, it looks OK.  The CEO correctly issued a PCN because no ticket was visible. You are asking for mitigation which is in their power only, an adjudicator (at London Tribunals). cannot consider mitigation.
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Re: Merton Parking PCN
« Reply #8 on: »
Thanks again!

I doubt mitigation would work but don’t know how else I can approach this. the council may just want the money as they really need money these days.
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Re: Merton Parking PCN
« Reply #9 on: »
Quote from: Snowynight on September 21, 2023, 09:22:44 am
Thanks again!

I doubt mitigation would work but don’t know how else I can approach this. the council may just want the money as they really need money these days.
I'm afraid its a money game with almost all councils these days. My view is that there should not be a contravention for failure to display what with all the Pay-by-Phone bays these days. CEOs should issue "failure to pay" tickets, and then the recipient could submit reps with the parking ticket.
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Re: Merton Parking PCN
« Reply #10 on: »
You only have a reg 9 PCN.

You can make informal representations asking the council to exercise discretion to cancel, and you have some pretty decent mitigation to put forward i.e. there was no deliberate attempt to avoid payment and the parking fee was in fact paid.

If the council rejects, they will almost certainly reoffer the discount, which you should ignore.

I say ignore because the next step is the notice to owner, where you can make the same challenge and the council is required to consider your representation afresh. As long as you challenge the notice to owner during the initial 14 days from the date of issue, they almost invariably reoffer the discount to dissuade you from appealing (because the cost to them of handling an appeal is more than the extra money they would collect even assuming that they win).

So you might as well have a go with the mitigation argument, you have at least two shots and you likely don't have to commit the full amount until you get the formal notice of rejection.

And at that stage, there might have been a procedural impropriety, they might have missed the 56 day deadline for responding to formal representations, I might have found an issue with the parking places order and so on.

In the first instance post a draft challenge on here for review.
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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 Parking PCN
« Reply #11 on: »
Thanks very much @cp8759!

I've posted a draft previously. Please see below and let me know what you think. I believe I need to submit it today to retain the reduced amount.

"
In response to the PCN (xxxxx) dated 09/09/2023, I would like to formally challenge it.

As I have done many times over the 2 years of living in Merton, on 9th Sep 2023 I did obtain a ticket and place it on the dashboard of the car in accordance with the (Morden Park) car park conditions. Please find attached a copy of the ticket, which shows the expiry time at 13:00 (covering the time of the alleged contravention) and the amount paid. In this occasion, unfortunately it appears that the ticket fell off of the dashboard for some reason, perhaps due to a slightly open window.

Also, I used the car park frequently as we go to the gym there and always purchased a ticket during the operating hours. I also kept a few recent tickets which I can supply a copy on request.

As I did buy a ticket, I request the PCN to be cancelled. Thank you!
"


Quote from: cp8759 on September 22, 2023, 12:34:54 am
You only have a reg 9 PCN.

You can make informal representations asking the council to exercise discretion to cancel, and you have some pretty decent mitigation to put forward i.e. there was no deliberate attempt to avoid payment and the parking fee was in fact paid.

If the council rejects, they will almost certainly reoffer the discount, which you should ignore.

I say ignore because the next step is the notice to owner, where you can make the same challenge and the council is required to consider your representation afresh. As long as you challenge the notice to owner during the initial 14 days from the date of issue, they almost invariably reoffer the discount to dissuade you from appealing (because the cost to them of handling an appeal is more than the extra money they would collect even assuming that they win).

So you might as well have a go with the mitigation argument, you have at least two shots and you likely don't have to commit the full amount until you get the formal notice of rejection.

And at that stage, there might have been a procedural impropriety, they might have missed the 56 day deadline for responding to formal representations, I might have found an issue with the parking places order and so on.

In the first instance post a draft challenge on here for review.
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Re: Merton Parking PCN
« Reply #12 on: »
Change that to say

Also, I used the car park frequently as we go to the gym there and always purchased a ticket during the operating hours. I also kept a few recent tickets which I attach.

The council is only required to consider the evidence you actually supply, they are under no obligation whatsoever to consider evidence that you could have supplied but have not sent to them.
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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 Parking PCN
« Reply #13 on: »
Good point! I'll update it.
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Re: Merton Parking PCN
« Reply #14 on: »
Logged
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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