Thanks for the clarification, just to confirm, does the email attached count as correspondence from them? And they have 56 days from this auto reply or I win by default? Does the Notice To Owner count as a response?
The Notice to Owner basically supersedes everything that came before, you must now respond to it by 8 October 2023 at the latest. Once you have made a formal representation against the notice to owner, the council has 56 days to serve a response.
Here's a draft:
Dear London Borough of Richmond upon Thames,
I would like to request cancellation of penalty charge RT40732021. When I pulled the ticket out of the pay and display machine, I thought it looked a bit unusual but I just displayed it on my dash as all the info was there. It might be that the machine was meant to provide a separate pay and display ticket, but I could only display what was available to me.
However I would point out that the document provided by your pay and display machine confirms I made payment of £16.80 at 9:32 am on 8 August 2023, and this is the correct fee to park for 24 hours, I refer you to the image at (link) which confirms this.
It follows that when the penalty charge notice was issued at 12:39 pm on the same day my car was covered by a parking session so the council has not suffered any loss, there was no abuse of the parking facilities, and the mischief the regulations are aimed at did not occur.
Furthermore, having reviewed Article 7 of The London Borough of Richmond upon Thames (Off-Street Parking Places) (Civil Enforcement) Order 2011 I see the ticket I displayed fulfills all the criteria required, therefore the contravention did not occur in any event.
In light of the above the council should cancel the penalty charge.
Yours faithfully,
Where I've put (link) above, replace that with the link I will send you in a private message and
do not click on that link yourself. The reason is that if you get a notice of rejection and the click count is still zero, we can prove a failure to consider, which is a procedural impropriety. If the notice of rejection also says they've carefully considered all of the evidence, we can also prove that they've lied.
The link redirects to
https://imgur.com/a/99GwLFt which is just a scaled-up version of the image you posted above.
Also the council website often has a grossly inadequate character limit for you to make representations, so we generally advise that you put the representation in a PDF file and then you can just upload it as an attachment.
While we wait for the council's response, I would like to get the machine maintenance logs. As you can see from
here the whole car park is mapped by google street view, therefore please navigate to the exact machine that you used and then post a link to it on here (I don't want to trawl through all the logs for all the machines in the car park if I don't have to). We might as well try and find out if there was a fault with the machine.
