Free Traffic Legal Advice

Hi,

I received a parking ticket through no fault of my own and need help appealing this. @cp8759
I by mistake wrote back to the council not realizing it was a mistake.

Please see below the message I sent to appeal my fine. I have attached my evidence I sent them, as well as their reply. I would appreciate it if you would be able to advise me what my next step should be.

Google map link to location https://maps.app.goo.gl/tdS4Cs9Hk2ym6BRC8

Thank you

What I send to the council:
I parked my car in Eldon Square parking lot and went to the machine to pay. My card was declined so I tried again, but again it was declined. I had another card on me so I tried that card but it was not accepted as it was an Amex card. I checked my balance to see why my card was declined but there was plenty funds on my card so I could not work out why it was declined. I checked if I could pay cash but that was not an option.
There was no-one around to talk to, so with no other choice as I had an appointment to catch, I decided I would attend my appointment and try again on the way out. If it would not work, I would email the address on the poster.
I came back after my appointment and thankfully this time my card was accepted.
However, I came back to my car and was shocked to see I had gotten a parking ticket!
As I did pay and this issue was not a fault of my own, I am appealing the penalty. Thank you for your understanding

The PCN pl.

2 declined payments of £14.07 and £14.02 at 14.09 and 14.10 respectively.

Actual payment of £1.94 at 14.47.

Why the discrepancy between amounts?

@Y H please post the PCN, both sides in full, no redactions.

Please contact your bank and ask if they're able to confirm any failed payments. Also make a subject access request to dataprotection@newcastle.gov.uk asking for a log of all payments and attempted payments made from the relevant machine 20 February 2025, from each of your two cards.

Here are the council photos:











Is there any way you could go back and get photos of the machine? If there weren't any signs on the machine mentioning pay by phone, that removes that argument for the council.

In the meantime I will get hold of the parking places order.

Ok thank you.

I have attached my PCN.


Is this OK to send for the SAR?

Please can I have a log of all payments and attempted payments made from the payment machine in Eldon Square MSCP on 20th February 2025, from my 2 cards.
1. Visa Debit ending ***7773
2. American express ending  ***1005

Thank you

Thanks for that.

I may be able to get pictures of the machine, but it will be after the weekend.

Ok thank you for your help.

I would go back to the council and ask what caused the failed payments to fail.

I would ask your bank the same question.

Contravention 20 Feb.

Last day of 28-day period: Sun. 16 March after which they could serve a NTO.

If you wait until after the weekend then you risk them disregarding any informal reps if they're quick off the mark with a NTO.

Informal reps have already been made, and there's an informal rejection on the opening post extending the discount to 21 March, so they can't serve the NTO before then. If they do, then it's an open and shut appeal on the penalty exceeds ground.