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Dear West Lindsey Council,

I challenge liability for PCN QW50152870 on the ground that the alleged contravention did not occur. West Lindsey Council allege that the vehicle was deemed to be parked in a car park without clearly displaying a valid pay & display ticket or voucher or parking clock in John Street Car Park, Market Rasen.

Upon consulting the West Lindsey District Council (Off-Street Parking Places) (Civil Enforcement) Order 2022, the Traffic Management Order has no provisions or requirement for a vehicle registration plate being printed anywhere at all, it is simply not a legal requirement.

Case Law Pay and display - no requirement in TMO for VRM to be printed on ticket:

•   Paul Van Staden v London Borough of Redbridge (2220910825, 14 January 2023)
•   Fozia Rehman v London Borough of Redbridge (2230182021, 20 May 2023)

In the informal representation I made to West Lindsey Council I provided photographic evidence confirming a parking ticket had been purchased over the relevant time and date, however the ticket machine had failed to print the vehicles full registration, and this is the only basis on which the PCN was issued. The ticket machine did not print the first 3 parts of the registration number:

•   Actual vehicle registration: FG19VTD
•   Printed ticked: 9VTD

The issued parking ticket was clearly displayed in my vehicle windscreen along with a handwritten note explaining the ticket machine had failed to print correctly (photographic evidence of this also formed part of my informal challenge to them).
Furthermore, I have revisited the John Street Car Park and there is no signage stipulating that a full vehicle registration number is required (photographic evidence can be supplied).

In their response to my informal challenge, West Lindsey Council accept that I had paid for parking but are unwilling to cancel the PCN and I have now been given the opportunity to appeal to you the Traffic Penalty Tribunal.

I challenge liability for PCN QW50152870, if they do not accept any of the above, I nonetheless invite them to reconsider whether it would serve any traffic management purpose to pursue enforcement, considering that parking was paid for in any event.

Yours faithfully,

Dear West Lindsey Council,

I do not believe that the penalty charge is payable and make representation for PCN QW50152870 on the ground that the alleged contravention did not occur. West Lindsey Council allege that the vehicle was deemed to be parked in a car park without clearly displaying a valid pay & display ticket or voucher or parking clock in John Street Car Park, Market Rasen.

Upon consulting the West Lindsey District Council (Off-Street Parking Places) (Civil Enforcement) Order 2022, the Traffic Management Order has no provisions or requirement for a vehicle registration plate being printed anywhere at all, it is simply not a legal requirement.

Case Law Pay and display - no requirement in TMO for VRM to be printed on ticket:

•   Paul Van Staden v London Borough of Redbridge (2220910825, 14 January 2023)
•   Fozia Rehman v London Borough of Redbridge (2230182021, 20 May 2023)

In the informal representation I made to West Lindsey Council I provided photographic evidence confirming a parking ticket had been purchased over the relevant time and date (included here in my representation), however the ticket machine had failed to print the vehicles full registration, and this is the only basis on which the PCN was issued. The ticket machine did not print the first 3 parts of the registration number:

•   Actual vehicle registration: FG19VTD
•   Printed ticked: 9VTD

The issued parking ticket was clearly displayed in my vehicle windscreen along with a handwritten note explaining the ticket machine had failed to print correctly (photographic evidence of this also formed part of my informal challenge to you and is included here again).

Furthermore, I have revisited the John Street Car Park and there is no signage stipulating that a full vehicle registration number is required (photographic evidence supplied).

In your response to my informal challenge, you accept that I had paid for parking but are unwilling to cancel the PCN.

I challenge liability for PCN QW50152870, if you do not accept any of the above, I nonetheless invite you to reconsider whether it would serve any traffic management purpose to pursue enforcement, considering that parking was paid for in any event.

Yours faithfully,

But you haven't yet received the Notice to Owner.

Quote from: Incandescent on March 28, 2024, 08:34:35 pm

But you haven't yet received the Notice to Owner.

I have received the NTO, that's why i was querying if my response was suitable.