Free Traffic Legal Advice

All,

I recieved a PCN on 23rd (Code 11 Parked without payment of the parking charge), think either today or will it be tomororw for my last day to appeal?, it was pay and display with the first hour free, although has to be booked via the app or phone,

I had made a note of the parking number, had exited and walked up, as I was about to book, the inspector had already slapped a ticket, in under 1 minute. Attached is the PCN, on which it shows the first photo at 13:37:21 and las with ticket at 13:38:04 (43 seconds), although the PCN when viewed online show approx.

https://tinypic.host/image/IMG-1721.DPNyX1
https://tinypic.host/image/IMG-1722.DPXBpG

Googling, it seems to say that the observationt time is 0, (https://www.redbridge.gov.uk/media/11362/parking-enforcement-policy.pdf - page 7) although the inspector had said observed for 2 minutes before ticketing but the ticket was given within 43 seconds or less based on photos.

Any thoughts on what reason or if any valid reason to appeal this?

I had made a note of the parking number, had exited and walked up, as I was about to book, ...

So, at what time did you actually book? You must have continued to do this because you didn't know the PCN had been issued until you returned.

For all the CEO knew, the driver bought their parking rights 10 seconds after they consulted their HHC.

But you didn't fail to pay, you paid the required sum £0 but you did fail to display a different contravention code 06 Parked without clearly displaying a valid pay & display ticket or voucher

If you're referring to paying as booking (ie via the Ringo App) then this was not done, as the ticket had been issued by this point.

As you put it I guess the version does not go down well, in hindsight lesson learnt I should have paid before even leaving the car as I had no reason not to pay, it's free, why would anyone not pay.. the only mistake was it wasn't paid instantly, rather I took the person that I was with into the shop out of courtesy, in admist getting them settled, I remembered the ticket (although within a minute still), then came back out to check and pay. Had it been after 20 minutes taht I guess the question could be asked why?

I guess what I am trying to understand is, should there have been an observation period or not, as the CEO said he observed for 2 minutes, which he didn't and the ticket also states the same time? would this be enough to cancel teh ticket?

Pastmybest. Understood, so really my appeal should be that the ticket should be cancelled because it was issued under the wrong contravention code?

Although I didn't pay at all, where as in that case you listed, a ticket was paid and displayed (not sure if the finer details) - how would I find that case, is it a search on a official external website?

The case is a London tribunals case and can be found on their website The enforcing authority in that case was also Redbridge so they should know better

Sure will check, so would the appeal summary I've written below be sufficient and should I reference the said case in it or leave it?

"I would like my PCN Cancelled as the contravention code on two basis

1. The warden had said to me there was a 2 minute observation period before issuing a PCN, however it can be seen he had only observed for less then 1 minute, with the PCN itself only showing 1 minute start and end observation.

2. The ticket has ben issued with an incorrect contravention code, as a vehicle cannot be "parked without payment of the parking charge" when no charge is applicable (as the first hour is free), therefore the PCN should have been issued for the alleged contravention of being parked without displaying a valid pay and display ticket.. The borough of Redbridge is familar with this has I have seen pervious cases with similar scenario that have reached an independant adjudicator who accepted the wrong code was used resulting in cancellation of the PCN and appeal being accepted. Therefore I will be taking this further to the independant appeal process if this is rejected, with reference to such cases to aid the appeal."

I am 101% confident they will reject this, as Ive noticed may councils do, currently have one that I have recieved a notice for (will be posting seperatly) where Newham council have rejected a appeal without looking into it properly!

Hi All,

Sorry for the radio silence, I received the rejected appeal to PCN as expected and also the NTO, which I have around 4-5 days to respond to, see attached links for all including initial PCN.

Would I be responding with the same points I made on the appeal or can I add to it to support my case further?

https://imgur.com/a/hpMZdHh

NTO dated and posted 11 June - reps window closes on 10 July.

As regards your posts, your initial reps and their response have disappeared. Pl repost.

Can we get back to the restriction and what evidence the CEO would need to produce. In this respect, would you pl forget about the photos and what they show. You are mistaking the beginning of obs with the time of the first photo when there's nothing to suggest it's a valid assumption. Indeed, it would be common-sense to first observe and check the windscreen for a valid P&D otherwise the CEO would be photographing every car they saw.

A logical sequence would be:
Check for P&D; if not visible then
Check HHC for 'by phone' bookings; then if none found
Take photos.

I've set matters out in this way because IMO it's your way into the approach you should take in your reps.

But until your initial reps and their response - including rationale- are in play we don't know what ground has been given by either side.