3. PCN Enfield, Code 83 Parked in a car park without displaying ticket, Lodge Drive
« previous next »
Pages: [1]

Author Topic: PCN Enfield, Code 83 Parked in a car park without displaying ticket, Lodge Drive  (Read 695 times)

0 Members and 787 Guests are viewing this topic.

PCN Enfield, Code 83 Parked in a car park without displaying ticket, Lodge Drive
« on: »
I've been issued with a PCN for parking in the Lodge Drive Car Park in Enfield whilst not displaying a ticket, voucher or parking clock.

When I arrived at the car park I saw a large notice which stated that in designated bays parking was free for 45 minutes. It's not clear on the sign what the process is for the 45 minutes free parking but my first impression was that it seemed a code needed to be used on the Pay by Phone app.

I then parked in a designated bay and found a sign in front of it stating that a code 080653 could be texted to 65565 to register the free parking. My Pay by Phone app had expired an needed to be updated so I chose the text option.

I sent the text immediately at 13:41 and started to walk out of the car park. Whilst walking I recieved a text response that my message was not in the correct format and that I needed to supply the vehicle registration number, parking duration and cvv number etc. I did not have my bank card on me but did text the registration number to see if that would work. Unfortunately it didn't so, as I did not have the cvv number of my bank card, I returned to my vehicle.

In the intervening period (7 minutes) I was issued with a PCN Code 83.

I explained to the CEO what had happened and he said that I should have picked up a free ticket from the ticket machine. This machine was in the far corner of the car park with no visible signage and well away from the entrance.

The CEO said I could also have used a parking clock and I did have one in my car. But as there there was no intructions on the signage in the car park explaining that was a possibility I did not think to use it.

Any advice on how to proceed would be greatly appreciated. Aside from the confusing processes and signeage I was wondering if the 10 minute rule would apply here?








Logged

Share on Bluesky Share on Facebook

Re: PCN Enfield, Code 83 Parked in a car park without displaying ticket, Lodge Drive
« Reply #1 on: »
The 10 minute rule applies to overstays, so prevents a CEO from serving a PCN until 10 minutes have elapsed. I suppose you could claim it applies here, but the regulation would need studying.

https://www.legislation.gov.uk/uksi/2022/71/regulation/5/made

Why not submit representations based on what you have told us here ? This initial reps would be an informal challenge. Post up their response when you get it, and further advice can be given on whether it would be worth waiting for the Notice to Owner and submitting formal reps, then if necessary, taking them to London Tribunals. Nothing the CEO told you is on the car park tariff and conditions board.
Logged
Re: PCN Enfield, Code 83 Parked in a car park without displaying ticket, Lodge Drive
« Reply #2 on: »
Yes I was planning to make an informal representation to start with. I can see that Enfield’s website says “The first 45 minutes are free of charge Monday to Friday by …getting a ticket from the machines located at the car parks” but this is not mentioned on any of the signs or even on the one machine hidden in the corner of the car park. I'm wondering whether, as the signage doesn't state a ticket needs to be displayed, the contravention should have been 85 - Parked without a valid virtual permit or clearly displaying a valid physical permit where required (Mrs Lydia Russo - v - Plymouth City Councilhttps://drive.google.com/file/d/1WW83Desv43qE8aviq2wez1KRsivNCqME/view.)
« Last Edit: November 24, 2024, 10:11:21 am by Cgehansen »
Logged
Re: PCN Enfield, Code 83 Parked in a car park without displaying ticket, Lodge Drive
« Reply #3 on: »
OP, based upon your account:


On *** I parked at **** i tending to utilise the FREE 45-minute parking option. I comlied with the instructions on the relevant signs and *******. I was prevented from completing the process because surprisingly my application was refused because I had not entered my VRM or 'cvv', see enclosed snapshot of this message. Given that the transaction was FREE, a cvv should not have been required and the council must explain why this potentially sensitive information was demanded. Be that as it may, the signs did not require the input of a VRM either( clearly an error on the council's part because otherwise a transaction would be anonymous).

I did not have my card details with me and returned to my car before leaving the car park. Given the evidence of my phone records and my personal knowledge, I estimate that the elapsed time from leaving to returning to my car was no more than 7 minutes

I am making the following representations.

1. 'Penalty exceeded the amount applicable in the circumstances of the case'

Firstly, the contravention grounds are incorrect. The main and subsidiary noticeboards clearly visible at the car park, see enclosed photos, do not require the display of a ticket or voucher of any sort i.e. for FREE 45 minutes(which I attempted to obtain)the procedure is 'paperless', namely to text 65565 with location code 808653.

Secondly, even if the contravention occurred(which is denied) the authority were prevented from demanding a penalty until 10 minutes had elapsed since parking lawfully about which there could be no dispute because I attempted to obtain my free 45 minutes' parking rights as required prior to the PCN being issued. (Regulation 5(3)(b) of the General Provisions Regs 2022 applies).

For the above reasons the PCN must be cancelled.

My thoughts.
« Last Edit: November 24, 2024, 10:25:58 am by H C Andersen »
Logged
Re: PCN Enfield, Code 83 Parked in a car park without displaying ticket, Lodge Drive
« Reply #4 on: »
Thank you. That wording sums everything up perfectly. I'll update when I hear back from them.
Logged
Re: PCN Enfield, Code 83 Parked in a car park without displaying ticket, Lodge Drive
« Reply #5 on: »
The PCN has been cancelled. No reason was given in the response other than "I have carefully considered your case and the points you have made". Thanks for all your help.
Logged
Pages: [1]
« previous next »
  3. PCN Enfield, Code 83 Parked in a car park without displaying ticket, Lodge Drive