Author Topic: PCN - Kingsbury Road - parked without clearly displaying a valid pay and display ticket or voucher  (Read 1302 times)

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Hi Guys,

I received a PCN for failing to display a ticket. I just had a moment and forgot to pay whilst rushing to an appointment. I know its a long shot but are there any technical grounds on which I can appeal this PCN.

I don't have any real mitigation and I have already consigned myself to accepting this is an expensive lapse in concentration.

https://imgur.com/a/3cph6xr - PCN front and back

Than you in advance.

Moaya

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Appears to be the wrong contravention grounds.

GSV shows a traffic sign requiring either that a ticket is purchased and displayed OR that the motorist pay by phone. A CEO would be required to check the car for a P&D ticket and their HHC for any payments by phone/text and if neither then issue a PCN for failure to pay the parking charge, not non-display....how can not displaying be a contravention in itself if it is only an option?

Wait for others. 

Thank you for your reply.

What contravention ground do you think would have been more appropriate?

I will wait on others to reply.

Any further input from anyone will be greatly appreciated.

I think I have by end of today to pay the discounted charge.

Thanks in advance.

Send in reps today. Unsuccessful reps submitted within the 14-day discount would attract a further 14 days to pay the discount once you receive their response.

It is a no-risk move to submit reps today online as instructed in the PCN.

Dear Sir,
***all the PCN and VRM preamble...
I make representations on the following grounds:

The contravention did not occur.

As the authority will see from their evidence (the CEO's photos) the restriction in effect is given in the traffic sign which states:

Pay by phone

or Text

or Pay at the machine and display ticket.

Clearly, displaying a ticket is an optional matter for a motorist and therefore the contravention grounds of 'Parked without displaying a ..ticket or voucher' cannot be correct or even permissible contravention grounds because, among other matters, they deny the owner the defence of having purchased parking rights By Phone or Text.

Contravention grounds must be correct and comprehensive in order to alert an owner to their possible applicable defences.

If the authority believes that use of these grounds where payment By Phone or by Text or by purchasing and displaying a ticket are valid then they must explain the legal basis for this assertion when London Councils' Schedule of Contravention Descriptions already lists the correct grounds i.e. Parked without payment of the parking charge.

Wait for others but don't miss the deadline of today.

Hi guys,
Please see the reply from the council and advise further.
https://imgur.com/a/OvU109O

Many thanks.

This was my initial representation:
Dear Sir, I make representations on the following grounds: The contravention did not occur. As the authority will see from their evidence (the CEO's photos) the restriction in effect is given in the traffic sign which states: Pay by phone or Text or Pay at the machine and display ticket. Clearly, displaying a ticket is an optional matter for a motorist and therefore the contravention grounds of 'Parked without displaying a ..ticket or voucher' cannot be correct or even permissible contravention grounds because, among other matters, they deny the owner the defence of having purchased parking rights By Phone or Text. Contravention grounds must be correct and comprehensive in order to alert an owner to their possible applicable defences. If the authority believes that use of these grounds where payment By Phone or by Text or by purchasing and displaying a ticket are valid then they must explain the legal basis for this assertion when London Councils' Schedule of Contravention Descriptions already lists the correct grounds i.e. Parked without payment of the parking charge. Please respond via email as I have been having problem with post deliveries recently. Kind regards

Any advice would be appreciated, I need to reply today. I am thinking to go ahead and appeal. Should I include examples of precedents such as Russo vs Plymouth?

https://drive.google.com/file/d/1WW83Desv43qE8aviq2wez1KRsivNCqME/view

Thanks.

You are not asked for a reply. You either pay or wait for a NTO to be issued to the registered keeper.

Their argument is tosh, but what did you expect, their misunderstanding is systemic.

Are you the registered keeper with current DVLA details?

Sorry I meant with regards to the discounted penalty. Yes I am the registered keeper.

https://imgur.com/a/Y2VFzUF

Hi,
I have received notice to owner. Shall I reply with the same response as I did with my initial challenge? Apologies I only have the front page I took a picture of it initially and now I have misplaced the letter.
Thanks

Can anyone please advise on what to do next?

There's nothing wrong with your original reps, so send them in again.  The correct contravention would have been 'parked without payment' but they can only serve one PCN, and if they get it wrong, that's their bad luck.

Hi All,
Please see the notice of rejection.
Thanks.

https://imgur.com/a/FIUJRz2

FYI this was my challenge:

Dear Sir/Madam, I make representations on the following grounds: The contravention did not occur. As the authority will see from their evidence (the CEO's photos) the restriction in effect is given in the traffic sign which states: Pay by phone or Text or Pay at the machine and display ticket. Clearly, displaying a ticket is an optional matter for a motorist and therefore the contravention grounds of 'Parked without displaying a ..ticket or voucher' cannot be correct or even permissible contravention grounds because, among other matters, they deny the owner the defence of having purchased parking rights By Phone or Text. Contravention grounds must be correct and comprehensive in order to alert an owner to their possible applicable defences. If the authority believes that use of these grounds where payment By Phone or by Text or by purchasing and displaying a ticket are valid then they must explain the legal basis for this assertion when London Councils' Schedule of Contravention Descriptions already lists the correct grounds i.e. Parked without payment of the parking charge. I would also like to draw your attention to the following Traffic Penalty Tribunal case PL00004-2401 which was argued on similar grounds and the adjudicator concluded the contravention did not occur. Please respond via email as I have been having problem with post deliveries recently. Kind regards.

No surprise...other than J Warr is given such authority.
Sorry OP, but what are you doing! NOR dated 20 AUGUST which you post now. Can you explain pl.

You have until THURS 18th to register your appeal.


Contravention did not occur;
Procedural impropriety.