Author Topic: Parking app claims "parking is currently free" and doesn't let me pay; I got a fine and they refuse to cancel it  (Read 1571 times)

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I cannot reconcile these elements of the decision with the OP's reps:(crossed with the preceding post)

'..the council was willing to accept Mr ****'s factual account of what happened'.

That account if I remember correctly was that the app informed the driver that payment was not required. I understand that this applied both before and after 8am.

'.. Mr **** did not make a reasonable effort to use the alternative means of payment, as advised on the payment machine.'

If the council accepted that the driver was informed that 'no payment was required' where does the requirement to pay come from, let alone how indicated on a payment machine?

How could any adjudicator reasonably make these findings in the context of the appellant's undisputed evidence, or wasn't this evidence as clear as I think?

Video (different link to the one sent to the council)

https://imgur.com/a/nRAerLZ

If the council accepted that the driver was informed that 'no payment was required' where does the requirement to pay come from
The adjudicator appears to have taken the view that the requirement comes from the signage (and it was accepted that the signage required payment), and that having found that the app didn't work, the appellant should have attempted to pay by other means i.e. by calling the number provided.
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