So, if paid for sessions are subject to these orders, may I presume that free sessions are not subject to any orders?
Not necessarily as we see adjudicators upholding the council's case that the validity comes first - registering a session regardless of whether it's free or not, but in a lot of these cases only the first hour or hours are free.
I'd say the case in this Croydon car park should be clear cut as per the below.
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Case reference 2250307301
Appellant Terry Pace
Authority London Borough of Havering
VRM GL56EJF
PCN Details
PCN HG34507892
Contravention date 01 Mar 2025
Contravention time 13:55:00
Contravention location Lodge Farm Car Park Main Road
Penalty amount GBP 60.00
Contravention Parked without payment of the parking charge
Referral date -
Decision Date 24 Sep 2025
Adjudicator Mackenzie Robinson
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice.
1. Reasons This case was due to be decided after a hearing on 24 September 2025. However Mr Pace did not join the hearing, despite being allowed an additional 10 minutes. I therefore decided this case based on the evidence before me.
2. Mr Pace appeals on the basis that the signage stated that parking was free at all times. It was not made adequately clear that a parking session still had to be registered.
3. I find that the precise contravention selected by the civil enforcement officer did not occur. There is no parking charge for parking in this car park. A driver therefore cannot fail to pay the parking charge.
4. When a driver registers a parking session, he obtains a ‘e-ticket’, and displays it on the digital system. The technology may change, but this is no different in reality to obtaining a physical parking ticket and displaying it on the dashboard. The civil enforcement officer is able to inspect the e-ticket on the digital system using his handheld device. Mr Pace therefore failed to display his e-ticket, but that was not the contravention for which the penalty charge notice was issued.
5. I allow this appeal.