Author Topic: PCN - Incorrect Parking Location (1 digit)  (Read 3131 times)

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Re: PCN - Incorrect Parking Location (1 digit)
« Reply #30 on: »
In my view there's a point at which the authority's duty to consider comes up against requiring people to conform to onerous conditions.

Let's say they keep on adding an extra digit to the location codes and an increasing number of people make mistakes.

At 7 digits my feeling is that this point has already been reached, and goes beyond mitigation.


Re: PCN - Incorrect Parking Location (1 digit)
« Reply #31 on: »
Outcome.

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Case Details
Case reference   2260027822
Appellant   xxxxx
Authority   London Borough of Redbridge
VRM   GK16BKY
PCN Details
PCN   AF11171324
Contravention date   08 Sep 2025
Contravention time   13:31:00
Contravention location   Connaught Road
Penalty amount   GBP 110.00
Contravention   Parked without payment of the parking charge
Referral date   -
Decision Date   09 Jul 2026
Adjudicator   Gerald Styles
Appeal decision   Appeal allowed
Direction   
cancel the Penalty Charge Notice.

Reasons   
The appellant did not attend the on-line hearing arranged for 9 July. The Council was not expected to attend and did not do so.


The appellant case was presented on-line by Mr xxx husband of the appellant. It was he who committed a keyboard error and was one digit out when registering and paying for three hours.

His first point was that the Council papers for the appeal which were certified by the Council as being sent to the appellant on Monday 6 July were delivered by post only today Thursday 9 July.

Mr xxx commented upon having little time to digest and research points as made in an extensive Council case summary.

I have a duty to ensure a fair hearing and the tribunal requirements for service of Council evidence in advance of the hearing are there to assist that. I refer to Tribunal Practice Direction 02-2025 which aims to provide an appellant with three clear days in advance of the hearing.

I have decided against ordering an adjournment given this is a single PCN without issues that have major bearing on the parties. I have decided in this particular case and the late service described to treat Council evidence as excluded with the consequence that the Council cannot rely on it. I have directed Council cancellation of the PCN.

Re: PCN - Incorrect Parking Location (1 digit)
« Reply #32 on: »
You beat me to it, on my to do list today, to provide an update.

Yep I won, although purely on that delay of evidence otherwise even the adjudicator said I was at wrong and the accidental keying error woulnd't have cut it.  He asked at first why they delayed it, to which I said no idea, I can only assume my call to the tribuanl to check if evidence had been posted, may have triggered it.

What is odd is that he referred to 3 days, when the directive says 5, but 3 for adjourment :/.

Lastly, I tried to use the opportunity to ask about the zero payment element, but he siad you'd have to get another ticket to find out and that i'm lucky his been kind today to allow this.



Re: PCN - Incorrect Parking Location (1 digit)
« Reply #33 on: »
Also, could the council appeal, reason being if it is 3 days as the ajudicator has mentioned in his outcome, they can argue it was emailed across with 3 days clear?