Author Topic: PCN Recieved - Enfield Council - Paid for a ticket on PayByPhone contravention = "parked without payment charge"  (Read 68 times)

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donatelloq4

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Hi,

i recieved a PCN today for parking but I was wondering how i can appeal this. Firstly, I got to the parking bay with the expectation of finding a parking machine somewhere near by and searched everywhere but couldn't find one. In the process of looking for the machine i came across a sign (image attached) showing the parking instructions and immedeately called the number which asked me to enter my account pin (which i didn't have) then SAID "FOR A FASTER EXPERIENCE DOWNLOAD THE APP" which i proceeded to do. After downloading the app, i had to fill all of my details for myself, my vehicle and my method of payment which took quite some time. i managed to pay for an hours worth of parking of which i only used 20 or so minutes anyway but i still recieved a PCN.

THe PCN itself states that the observation time was between 13:55 to 13:56 which is less than the usual 5 or so minutes that most councils follow. My payment for my parking went through at 14:06 but i wasn't at my vehicle at the time as i'd gone ona wild goose chase trying to find a machine to pay with. Here is a document describing the councils intent to remove all parking machines , which is dated in february so very recent : https://enfielddispatch.co.uk/council-to-ax...rking-machines/. i've attached a copy of the pCN as well. The CEO actually started taking pictures at 13:55 and i've attached an image sent to me as evidence on my pCN which have timestamps. . With the Enfield council contraventions explanation document : https://www.enfield.gov.uk/__data/assets/pd...des-parking.pdf.

Can I appeal this in any way , even if on the basis of the parking payment process being as long as it was, parking machines being recently unavailable and also the observation time of the PCN being 1 minute. i actually arrived at the parking bay around the same time the contravention was given so no grace period could even have been given. Any advice?



Thanks,
D

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P.Parker

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Some years ago I successfully challenged Croydon Council on a similar excuse. Their directions to a payment machine were misleading. I was carrying a toddler and could not walk far. My car was towed. Technically I was in the wrong but they accepted there were mitigating circumstances,cancelled the ticket and refunded any money already paid. More recently, I overran my parking time when a medical appointment was delayed. I couldn't extend my parking with the app due to a lack of a decent phone signal. Tower Hamlets council accepted the mitigating circumstances as evidenced by the signed testimony of a nurse at the clinic.

I think you have good reasons why the council ought to cancel the PCN. Unless anyone else has a better suggestion, I would present all evidence to the council and politely ask that they cancel the PCN. In my own experience, councils tend to be more amenable to accepting evidence backed mitigating circumstances than private companies, who will even ignore UK contract laws in their aggressive pursuit of profits.

If the council refuses to accept your mitigating circumstances there should still be some means of appeal which are normally spelt out on the PCN itself. Best of luck.

Incandescent

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It is a basic principle of parking and paying for it, that time is allowed for making the payment.If it wasn't, nobody could park legally !  If the council force use of a payphone app, then they must accept that many people won't have the app on their phone, and must download it, then invoke payment. All of this takes time, so if it were me, I'd submit a challenge on the basis of the above.

The council will likely refuse your reps so you may have to take them to London Tribunals were I think you stand a good chance of winning. Do be aware, though, that if you do this, the full PCN penalty is in play. It is a double-or-quits gamble, essentially.

cp8759

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You have given the basis of a reasonable appeal in your opening post, and as Fraser says it's a basic principle of parking law that you are allowed as long as is reasonably necessary to find the sing, read the instructions and effect payment, or else you couldn't park legally at all.

Draft a representation based on what you've posted already and put it on here for review before sending it of.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order