Free Traffic Legal Advice

Did you just take out the free 1 hour session, in which case not paying the parking charge is the usual nonsense.

But councils are getting tough on these wrong locations as they want your money, and some adjudicators roll over but not all.

Here there is also the factor that Redbridge has recently changed to 7 digit location codes, which is bound to create more miskeying errors.

Of course you should challenge this. 

Do you have a screenshot of the session you did take out, and also any evidence of what you were doing and for how long?

Here's the traffic order:

https://store.traffweb.app/redbridge/documents/parkmap/sched/1.%20The%20Redbridge%20(Waiting,%20Loading,%20Stopping%20and%20Street%20Parking%20Places)%20Consolidation%20Order%202021.pdf

It makes no mention of location or free session but does say a charge shall be paid including by a telephone payment parking system in accordance with any instructions set out in the parking place.

Redbridge policy also only refers to the VRM:

Free Parking
All designated on street paid for parking places currently offer free parking for up to one hour. Drivers must however ensure that a valid session for the correct vehicle registration is obtained either through the P &D machine or RingGo. Failure to start a parking session or starting a session for an incorrect or partial vehicle registration will result in a Penalty Charge Notice (PCN) being issued.

https://www.redbridge.gov.uk/media/ktfetw3c/parking-enforcement-policy.pdf

Note the word 'valid' which is another contravention they can give rather than not paying.

I have drafted the below based on another thread I came across here where the issue was similar (https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/redbridge-ringo-parked-without-payment-of-the-parking-charge/)

Please can someone advise if this is good to send? I'll need to send before midnight.

I am writing to challenge the Penalty Charge Notice as the contravention of not paying the parking charge did not occur. No charge is due in the first hour and the car was parked for less than an hour.

The PCN was issued because one digit of the location code was accidentally incorrectly entered. Instead of entering 6081224, the code 6081228 was entered. This was a genuine mistake.
As a result, a parking session was booked for Ilford Town instead of Ilford Lane.

I have attached the RingGo receipt as evidence for the free 1 hour session that was booked at the time the alleged contravention took place. I have also attached screenshot from our Monzo bank account where it shows that a purchase was made from Poundland in Ilford Exchange during the free 1 hour period. The car was driven away from the space before the free one hour session ended.

I note the recent reviewed decision at London Tribunals, case 2220912034 (Decision Date: 22 Jan 2025). The adjudicator ruled that if a parking charge is not due, then the contravention “parked without payment of the parking charge” could not have occurred, given parking was less than 1 hour. The adjudicator also said the conditions of use explain to the motorist that a ticket or Ringo session is to be obtained at the time of parking. They do not say that a parking charge is due for the first hour if that condition is not complied with.

Given that the charge was not due, and noting that an honest mistake was made with booking the session, I respectfully request that the Council cancels the PCN, if not on the basis that the contravention of non payment did not occur, then at least through the Council exercising its discretion to cancel this PCN which resulted from an honest mistake.

As per the Government's statutory guidance for local authorities in England on civil enforcement of parking contraventions:*

"An authority has a discretionary power to cancel a PCN at any point throughout the process. It can do this even when an undoubted contravention has occurred if the authority deems it to be appropriate in the circumstances of the case.

"Under general principles of public law, authorities have a duty to act fairly and proportionately and are encouraged to exercise discretion sensibly and reasonably and with due regard to the public interest. Failure to act in accordance with the general principles of public law may lead to a claim for a decision to be judicially reviewed.

"Enforcement authorities have a duty not to fetter their discretion, so should ensure that PNCs, NtOs, leaflets and any other advice they give do not mislead the public about what they may consider in the way of representations.

"They should approach the exercise of discretion objectively and without regard to any financial interest in the penalty or decisions that may have been taken at an earlier stage in proceedings."

*Source: https://www.gov.uk/government/publications/civil-enforcement-of-parking-contraventions/guidance-for-local-authorities-on-enforcing-parking-restrictions

Yours sincerely,

Thank you Stanfordman! Much appreciated. Will submit your version now.

That NTO seems to be a mistake and generated because the CEO realised they were about to issue a faulty PCN but didn't cancel it.

You can see the location on the NTO is Hamilton Road not Mildmay Road as per this pic associated with the NTO.

You must make reps soonest pointing out that no windscreen PCN was found for this NTO and was probably supposed to have been cancelled by the CEO as the location is wrong and was also just a few minutes before the other PCN no xxxxx.

As for the other PCN I would be inclined to go on with it and if they reject have it out at the tribunal on the not paying for a free thing and possibly tying it to the traffic order is there is scope there.

I would also remind Redbridge of its duty of fairness over a long location code that cause them no loss.

It's much too long and confusing - you could cut it down to a few sentences.

The contravention did not occur.

This appears to be an NTO for a PCN that the CEO did not serve and failed to cancel before issuing PCN xxxx a few minutes later at xxxx.

The reason is likely the CEO realised it is for the wrong location - xxxx instead of xxxxx.

As this NTO has been served in error I look forward to your early confirmation of cancellation.

Hi all,

I forgot to update:

1. They've cancelled one of the pcns (the one that had the incorrect road name) saying "Thank you for your letter regarding the above Penally Charge Notice.
The matter has been considered and as a resultit is considered that there are suffcient grounds for the notice to be cancelled. No further action wilbe taken."

2. For the PCN that had the correct road name (which is what the original post here is about), we recieved the NtO giving the reason as" parked without payment of the parking charge". Here is the NtO: https://freeimage.host/i/faL1lZx

I have only until tomorrow I believe to submit a rep (however the NtO says 28 days from when the letter was served, which would mean I have another two days or so).

I've lost the discount so can someone help with the rep? Should I just re submit what I sent for the challenge?

Many thanks