Author Topic: PCN Enfield -Code 73 Parked without payment of parking charge  (Read 1162 times)

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Hi,

I received the following PCN from Enfield Council, Code 73 Parked without payment of parking charge.

I hadn't used the carpark I was parking in and had to get to an appointment nearby, and not a lot of time left to get there. 

After parking in the carpark I was trying to figure out how to pay for the parking.  They used the "paybyphone" service.  I downloaded the app but it asked me to register, I thought I would phone up instead and got asked for a pin or something along those lines to continue.

I asked another carpark user and they said that they usually pay by the browser using the guest option.  I attempted to do that, entered my car details and when trying to add my card I received "connection failed" error message.

I then retried / started trying to register for the app, while going towards my destintation.  When inside the building I received error messages.  I mentioned I was trying to pay for parking to one of the employees who said there was no signal in the builing.

I got outside the building around 11:40 and found out I already had an account with "paybyphone" that I had forgotten about.  I did a password reset, logged in and paid for an hours parking.  When checking how much time I had left I noticed the location under the timer was wrong, as I took a picture of the location code and tried to enter when trying on the browser. 

I immediately checked my picture and then paid for another ticket.  Upon buying the second ticket for the right location, I noticed that the last letter of my number plate was incorrect.  I tried to phone them again, but got the pin request again, did some googling and saw I could cancel by sending FINISH within 5 minutes to a 65565 style number.  I did that, my mobile network said I will be charged for to send the message.  Even though I was going to be leaving I bought another ticket.  I had to add another car to the app as it looks like I entered a wrong letter on my number plate when I first used it in 2018.

On the way back to the carpark I saw a ticket warden walking down the street and I explained my mistakes to him and asked if I could appeal as I tried to pay for parking etc, he said likely not as it's user error.

My only issue with the tickets is I genuinely was trying to buy a ticket for my parking.  Unfortunately I didn't leave a lot of time and the technical errors I had didn't help either.  Do I have any hope of appeal? or is it best just to pay within the 14 days.

 



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Re: PCN Enfield -Code 73 Parked without payment of parking charge
« Reply #1 on: »
In the end, did you finally make payment for the right car or not ?

Re: PCN Enfield -Code 73 Parked without payment of parking charge
« Reply #2 on: »
In the end, did you finally make payment for the right car or not ?

Yes I did in the end, but it was 12:22 when I paid for the right location and number plate.  The first payment I did to the wrong location and wrong number plate was at 11:48.

Re: PCN Enfield -Code 73 Parked without payment of parking charge
« Reply #3 on: »
You paid, but the PCN, served before this payment, is for not paying. Essentially, it is about the time taken to pay, and time has always been allowed for buying parking either at a machine, or PbP.

If it were me, I's submit an informal challenge stating that you encountered great difficulty in making payment at the car park, but were finally able to at <time>.  However, in the interim, a CEO had issued a PCN for non-payment.  State that time to make payment and obtain a parking session has always been allowed or else nobody could possibly park legally at all. Request that in view of you finally making payment, albeit with some delay, the PCN should be cancelled, as the council received payment for the parking.

Re: PCN Enfield -Code 73 Parked without payment of parking charge
« Reply #4 on: »
Council photos:















@Numberuno can you get us some screenshots of the various phone calls and text messages you've described?

In the meantime I've requested the parking places order.
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: PCN Enfield -Code 73 Parked without payment of parking charge
« Reply #5 on: »
Council photos:

@Numberuno can you get us some screenshots of the various phone calls and text messages you've described?

In the meantime I've requested the parking places order.

Hi, I've been busy this week and this has slipped my mind.  I think I have until today to pay or appeal online.  I'll upload a couple of screen shots from my phone.  I would assume I have until about 5pm?
« Last Edit: May 10, 2024, 12:33:08 pm by Numberuno »

Re: PCN Enfield -Code 73 Parked without payment of parking charge
« Reply #6 on: »
Hi please find some screenshots attached.  I just removed a couple of images as I realised they showed personal information in the background.  One of the images was an Error message I received when trying to sign up, which said error, account with the phone number already exists taken @ 11:44.

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« Last Edit: May 10, 2024, 12:46:18 pm by Numberuno »

Re: PCN Enfield -Code 73 Parked without payment of parking charge
« Reply #7 on: »
Call log to them

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Re: PCN Enfield -Code 73 Parked without payment of parking charge
« Reply #8 on: »
@Numberuno well I've now got hold of:

The Enfield (Off-Street Parking Places) (No.1) Order 2015
The Enfield (Off-Street Parking Places) (Amendment No. 1) Order 2016
Notice of variation 2018
Notice of variation 2022
Notice of variation 2023
Notice of variation 2024

Unfortunately as you paid the PCN you've now lost the right to appeal, which is very unfortunate but it is what it is. If you'd made a representation the discount period would have been extended, so to an extent you've thrown your money away for nothing.

At least you know for next time.
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