3. Paybyphone app froze
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Paybyphone app froze
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I parked on street on saturday (lewisham council) as I often do and thought id paid using the paybyphone app.

I was surprised to find q pcn on my windscreen when i returned.

When I looked at my phone I saw that the app had frozen with a weird block on it after I hit pay with google pay.

I have taken a screenshot.

Advice please. Simply appeal the usual route and give full facts or is there a better option?
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Re: Paybyphone app froze
« Reply #1 on: »
Please read this and update your post accordingly
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

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....and thought id paid using the paybyphone app.
When I use PbP here in Crewe and Nantwich, I don't leave the car park before I have had confirmation of parking and payment. I even get an email. Reading your narrative, it would seem you set the app in motion, and walked off the car park without checking. Not good practice, I'm afraid as the signal strength of your mobile network could have gone down or even be non-existent whilst the app is processing, so it will fail.

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Re: Paybyphone app froze
« Reply #2 on: »
@Yugga as above you need to read the guidance here and update your post accordingly, otherwise we cannot give you any meaningful advice.
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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: Paybyphone app froze
« Reply #3 on: »
Lewisham Code 12 S. Parked without Permit

I parked on street on a saturday (lewisham council) as I often do and thought id paid using the paybyphone app.

I was surprised to find a pcn on my windscreen when i returned.

When I looked at my phone I saw that the app had frozen with a weird block on it after I hit pay with google pay.

I have appealed but rejected. Any advice appreciated. Was a genuine mistake but appreciate ive probably made a mistake appealing the way I have and may not be much left to do but pay!!







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Re: Paybyphone app froze
« Reply #4 on: »
Please show us your rejected challenge.
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Re: Paybyphone app froze
« Reply #5 on: »
@Yugga please show us the screenshot, and also a copy of your challenge.

These are the council photos:



















However what is interesting is this:



You've cut-off the date of the rejection letter, when was it issued please?

We may well have an unlawful threat of a charge certificate.
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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: Paybyphone app froze
« Reply #6 on: »
rejection letter dated 11 June. appeal below 10 June. Need to decide whether to pay or further fight this weekend really so final call for advice. thanks all. sorry images cant be clearer






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Re: Paybyphone app froze
« Reply #7 on: »
@cp8759 @John U.K.  see above. Thankyou
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Re: Paybyphone app froze
« Reply #8 on: »
Quote from: Yugga on May 28, 2024, 05:53:12 am


What's that white line in the middle of the screen?
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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: Paybyphone app froze
« Reply #9 on: »
No idea. Just hung there @cp8759
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Re: Paybyphone app froze
« Reply #10 on: »
You might as well wait for the notice to owner because the discount will be reoffered as long as the NTO is challenged within 14 days. That being said, we'd need to hope for a procedural impropriety at some point because I don't think you have a valid ground of appeal at the moment. It seems that you hit pay and didn't bother to check that the payment went through. This would be the same as putting coins into a parking meter and walking off without checking to see if they're rejected.
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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: Paybyphone app froze
« Reply #11 on: »
@cp8759  thank you. When might i expect the notice to arrive normally
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Re: Paybyphone app froze
« Reply #12 on: »
Legally they have six months to serve a notice to owner, but usually it's much quicker than that.

I have realised there is an arguable procedural issue, the council website wrongly says the penalty might go up to £195 on 28 June, which would intimidate many people into paying. I think we should run that argument at the tribunal because many people who did not have any access to legal advice would just pay at this point.

I would suggest you call the council tomorrow and try and find out if a notice to owner has been issued, if it has then you can challenge it even though you haven't received it.
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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: Paybyphone app froze
« Reply #13 on: »
Are you the registered keeper and if so are your DVLA details current?

If you are the registered keeper then I see no reason to do anything than just wait, don't rush at this, let it run its course...at least to a Notice of Rejection with, hopefully, the discount re-offered.

As regards the website, IMO as you did not attempt to pay this won't avail you. Even less so if the discount is re-offered.
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