Author Topic: Ealing code 12r a minute after my PayByPhone parking permit  (Read 432 times)

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Ealing code 12r a minute after my PayByPhone parking permit
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I got a ticket for parking in a Permit spot. The ticket ( here) says:

Time:10:53
"the civil enforcement officer ... observed the vehicle identified above from 10:50 to 10:53.

I have a PayByPhone app that I used to get a permit for this license plate at 10:52:
https://photos.app.goo.gl/ccdkpBnBj2qmbB1L6

The reason this happened someone was visiting, they came inside my house and it took me a few minutes to get the ticket prepared.

Do I have any grounds to not pay this £65 here, as when they came back to the car, I had bought the ticket?


Back of ticket is here and here
« Last Edit: August 09, 2023, 01:03:47 pm by mc542345 »

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Re: Ealing code 12r a minute after my PayByPhone parking permit
« Reply #1 on: »
The details of the ticket I purchased are:
PayByPhone Parking Receipt

Transaction ID: 1157928532
Location: 37401
License: LR57VRZ

Description: ZONE A VISITOR PERMIT

Start Parking: 2023/08/09 10:52AM
Stop Parking: 2023/08/10 10:52AM
Cost: £4.95 including Service Charge (No VAT)

You can access a full list of all your parking transactions and update your profile at www.paybyphone.co.uk.

Thank you for using the PayByPhone parking service.




So q remains, do I have grounds to not pay the PCN if the time of the permit was during the observation time of the officer?

Re: Ealing code 12r a minute after my PayByPhone parking permit
« Reply #2 on: »

Can we be clear:
The reason this happened someone was visiting, they came inside my house and it took me a few minutes to get the ticket prepared.


So it wasn't your vehicle but your visitor's, therefore it's not your penalty although you might feel a moral obligation to pay.

You could draft informal reps and even formal reps but the liability remains their's, assuming the vehicle wasn't hired.

Re: Ealing code 12r a minute after my PayByPhone parking permit
« Reply #3 on: »
So q remains, do I have grounds to not pay the PCN if the time of the permit was during the observation time of the officer?
Yes, the law allows you as long as is necessary to get a permit (but not a second more). As the permit was obtained during the observation period, by the end of the observation period the vehicle was not in contravention anyway.

If you send an informal representation explaining what you've explained to us, and providing proof of the pay by phone transaction, I'd expect the council to cancel this with no fuss.
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