Author Topic: Redbridge - Ringo - Parked without payment of the parking charge  (Read 56 times)

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bigred247

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Redbridge - Ringo - Parked without payment of the parking charge
« on: February 04, 2025, 07:47:14 pm »
Hi folks,

re: Parked without payment of the parking charge

My wife accidentally selected the wrong vehicle from the drop-down list in the RingGo app. She had borrowed my car for the day to take my son to the hospital and, on the way back, quickly stopped off to pick up a takeaway for him. When booking the parking, she forgot to change the default vehicle from LR13 ASV (her car) to VO23 UCC (my car). So, while she did book the parking, it was for the wrong vehicle registration.

Are there good grounds for appeal here, given that a ticket was purchased? I suspect the council will be difficult about it as usual, and this may have to go to tribunal.

I have attached the ringo receipt and the PCN details below:






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stamfordman

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Re: Redbridge - Ringo - Parked without payment of the parking charge
« Reply #1 on: February 04, 2025, 09:48:53 pm »
The tribunal is finding for people on this based on the fact that the contravention of not paying the parking charge is a nonsense if it's free and you were there less than an hour.

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Decision Date   22 Jan 2025
Adjudicator   Sean Stanton-Dunne
Previous decision   Appeal refused with recommendation
Appeal decision   Appeal allowed
Direction   cancel the Penalty Charge Notice and the Notice to Owner. The Council is also directed to refund the penalty charge paid.
Reasons   Mr Andrews has attended the hearing today by telephone.
Adjudicator Carl Teper refused this appeal in his decision entered on 23 November 2024.
This PCN was issued for the alleged contravention of being parked without payment of the parking charge. It was not in dispute that Mr Andrews' car was parked in a bay where there was free parking for up to one hour.
Mr Teper made a finding of fact that the vehicle was parked for less than one hour. It must follow, as a matter of fact, that there was no parking charge due from which it must also follow that the alleged contravention did not occur. In my judgement, it was a mistake on the facts to find that a parking charge was due. The application for review is allowed on that basis and in the interests of justice.
The Council's 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.
It follows that the appeal is allowed.
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bigred247

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Re: Redbridge - Ringo - Parked without payment of the parking charge
« Reply #2 on: February 06, 2025, 09:44:08 am »
@stamfordman
Thanks for the reply. I have draughted a template to make a representation. Does this seem ok?

Quote
Dear Sir/Madam,

I am writing to formally appeal against Penalty Charge Notice.

The penalty was issued because my wife, who had borrowed my vehicle for the day to take our son to the hospital, accidentally selected the wrong vehicle registration when booking parking through the RingGo app. She had meant to select VO23 UCC (the vehicle she was using), but the app defaulted to LR13 ASV (her own car). As a result, although a parking session was correctly booked, it was linked to the incorrect vehicle registration.

I wish to challenge this PCN on the following grounds:
 1. The first hour of parking is free – As the council’s own parking policy states, no parking charge is due for stays of under one hour. Since the vehicle was parked for less than an hour, there was no outstanding fee to pay in the first place.
 2. A valid parking session was logged – While the incorrect registration was entered, a RingGo session was initiated at the time of parking. I have attached the RingGo receipt as evidence.
 3. Precedent set by the London Tribunals – In case 2220912034 (Decision Date: 22 Jan 2025), the adjudicator ruled that if a parking charge was not due, then the contravention “parked without payment of the parking charge” could not have occurred. The same principle applies here, as no fee was required.
 4. No loss suffered by the council – Given that the first hour was free and a RingGo session was still created, no financial loss was incurred by the council. This was an honest mistake, and upholding the PCN would serve no legitimate enforcement purpose.

Given the above, I respectfully request that this PCN be cancelled. Please confirm in writing that my appeal has been accepted.
I have attached a copy of the RingGo receipt showing the parking session.

Yours sincerely,

stamfordman

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Re: Redbridge - Ringo - Parked without payment of the parking charge
« Reply #3 on: February 06, 2025, 11:22:36 am »
It's not quite right - a key distinction is that they didn't use the not having a valid ticket contravention but used not paying - you didn't have a valid ticket.

It's also an informal challenge at this stage.

Do you have an evidence your wife was less than an hour - belt and braces.

See what others say but I think the below will do. 

----------

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 penalty was issued because my wife, who had borrowed my vehicle for the day to take our son to the hospital, accidentally selected the wrong vehicle registration when booking parking through the RingGo app. She had meant to select VO23 UCC (the vehicle she was using), but the app defaulted to LR13 ASV (her own car). As a result, although a parking session was booked, it was linked to the incorrect vehicle registration.

I have attached the RingGo receipt as evidence for the free 1 hour session.

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. He also said your 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 the charge was not due, and noting that my wife made an honest mistake with booking the session, I respectfully request that this PCN be cancelled. Please confirm in writing that my appeal has been accepted.

Yours sincerely,
« Last Edit: February 06, 2025, 11:25:06 am by stamfordman »
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