Author Topic: Redbridge - code 11 parked without payment - Ilford Lane  (Read 112 times)

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Bkkee

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Redbridge - code 11 parked without payment - Ilford Lane
« on: April 18, 2024, 10:50:00 pm »
Hi,

I had parked my car for less than 1 hour which was free however I apparently had to book my car in anyway. I received a pcn with code 11 ďParked without payment of the parking chargeĒ. I challenged it citing I didnít owe parking charge as the duration of my stay was free, I had also provided screenshot of my carís built in app which clearly showed my duration of parking however they rejected it on the basis that it was pay and display (no dispute on my screenshot and duration of stay). My question is, should they not have issued pcn with a different code referring to pay and display? Iíve attached copy of pcn and decision letter. Should I pay or challenge it further?

Many thanks in advance.

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Incandescent

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Re: Redbridge - code 11 parked without payment - Ilford Lane
« Reply #1 on: April 18, 2024, 11:58:34 pm »
Hmm.  I can't help thinking that the correct contravention would be "failure to display a parking ticket", but whether this would win at adjudication, I'm not sure, so see what the others say. I say adjudication because it's very unlikely the council will budge on this one. Obviously even if you get a free hour, they want to see something with a time on it to make sure you haven't over-run your time. The Traffic Order must have the exact conditions for the location in it, they can't just make it up as they go along.
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Bkkee

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Re: Redbridge - code 11 parked without payment - Ilford Lane
« Reply #2 on: April 19, 2024, 10:16:32 pm »
Thanks for your input, happy to hear Iím not alone about incorrect code use but looking forward to input from some other folks as well.

Thanks

Incandescent

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Re: Redbridge - code 11 parked without payment - Ilford Lane
« Reply #3 on: April 20, 2024, 12:42:21 am »
Thanks for your input, happy to hear Iím not alone about incorrect code use but looking forward to input from some other folks as well.

Thanks
OK, but keep an eye on your deadline for submitting representations.

cp8759

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Re: Redbridge - code 11 parked without payment - Ilford Lane
« Reply #4 on: April 22, 2024, 10:13:04 pm »
@Bkkee have a look at John Carmody v London Borough of Redbridge (2210237357, 24 June 2021)

This PCN was issued for the alleged contravention of being parked in Gaysham Avenue at 11.32am on 5 March 2021 without payment of the parking charge.

The CEO's images show that Mr Carmody's vehicle was parked with a pay and display ticket displayed in the windscreen. The ticket was valid from 11.27am to 12.27pm. The vehicle registration had not been completed. It is not in dispute that there was an hour's free parking at this location with the display of a pay and display ticket.

I allow the appeal because the PCN was issued for the wrong contravention. A vehicle cannot be parked without payment of the parking charge when no charge is payable. The PCN should have been issued for the alleged contravention of being parked without displaying a valid pay and display ticket.


Just wait for the notice to owner and then make the same representation again. If they're stupid enough to reject, we'll help you sort out the tribunal appeal.
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

Bkkee

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Re: Redbridge - code 11 parked without payment - Ilford Lane
« Reply #5 on: April 25, 2024, 12:20:41 am »
Cheers mate, Iíll let you know as soon I hear back. Although the challenge rejection letter allowed 14 days to still pay reduced penalty but itís been over 21 days now and the penalty still shows at reduced rate, guess their pcn department is pretty busy. :D

Bkkee

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Re: Redbridge - code 11 parked without payment - Ilford Lane
« Reply #6 on: May 11, 2024, 04:45:29 am »
Hi,

My formal representation to Councils Parking Appeals section was rejected (see attached). My understanding was the next step wouldíve been an independent adjudicator however Iíve been issued kind of the same letter as the one above which advises me to wait for Notice to Owner to be issued and then to make formal representation. Can someone kindly advise if this is right and what should be the next steps?

Many thanks in advance.

cp8759

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Re: Redbridge - code 11 parked without payment - Ilford Lane
« Reply #7 on: May 15, 2024, 11:08:21 pm »
@Bkkee something's not right here, please can you give us the PCN number and the number plate, and also please post up the notice to owner.
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