Author Topic: Waltham Forest, Code 12s: Parked without a valid virtual permit, Priory Avenue, Walthamstow, Multiple PCNS  (Read 102 times)

0 Members and 0 Guests are viewing this topic.

lemonade_7

  • Newbie
  • *
  • Posts: 2
  • Karma: +0/-0
    • View Profile
Hi all,

Would really appreciate some advice and support for my appeal to London Tribunals for multiple PCNs issued for a minor keying error on my virtual permit.

I recently bought a car and applied for and received a residential parking permit in Walthamstow via RingGo. The app accepted my registration details without error and issued the permit. I parked in the Controlled Parking Zone (CPZ) of Markhouse (69999) assuming I was compliant and had a valid permit. However, I subsequently received 5 PCNs because my vehicle registration number was entered incorrectly on the permit. Specifically, I entered "R059FBJ" instead of "RO59FBJ." I would classify it as a minor keying error as I entered a "0" instead of an "O".

Below is an outline of the PCNs and my interactions with the council.

PCNs Issued
FR63415595 (14/09/2024, 09:52): NtO received on 16/10/2024. No PCN was found on the windshield. Notice of Rejection of Representation Received on 20/11/2024.
FR6346032A (30/09/2024, 08:18): NtO received on 31/10/2024. No PCN was found on the windshield. Notice of Rejection of Representation Received on 26/11/2024.
FR63538697 (08/10/2024, 13:08): Found on the windshield. Formal Representation Submitted.
FR63726460 (18/10/2024, 08:36–08:46): Found on the windshield. Informal Appeal Rejected. Awaiting NtO.
FR63726653 (21/10/2024, 08:11–08:18): Found on the windshield. Informal Appeal Rejected. Awaiting NtO.

Details of Visible PCNs and Appeals
First Visible PCN: On 08/10/2024 (FR63538697), I discovered a PCN on my windshield despite holding a valid permit. I submitted an informal appeal immediately as I knew my permit was valid and assumed the council would pick it up through the informal appeal and rectify the PCN. However, on 18/10/2024 and 21/10/2024, I received further PCNs (FR63726460, FR63726653), and had not received a response to my prior informal appeal. My informal appeal had stated that I had a valid permit, and I was not sure why I was issued a PCN.

PCNs Not Found on Windshield
I received NtOs for PCNs FR63415595 and FR6346032A, with photographic evidence showing the tickets on my windshield. However, I never saw these PCNs, likely because I hadn’t accessed my car during the issuance dates (14/09/2024 and 30/09/2024). My car was parked on Priory Avenue, a public street. So, I had only first become aware of any issue on the 08/10/2024.

Typographical Error Clarification
After I received FR63726653 (21/10/2024), I contacted Waltham Forest Council Parking Services to enquire why I had been receiving the PCNs and was informed that the permit had been issued for "R059FBJ" instead of "RO59FBJ" due to a typographical error when I had purchased the permit online. The council updated the system with the correct registration and they advised I appeal the PCNs.

Current Situation
I am expecting that all of my formal representations will be rejected as they all relate to the same contravention code, and I expect that I would need to appeal all PCNs to the tribunal. I need assistance with structuring my appeal to the London Tribunals. Specifically, I am seeking guidance on:
  • Key Arguments: The points to emphasize in my appeal to demonstrate that the PCNs were issued unfairly due to a typographical error.
  • Supporting Evidence: The documents and materials I should include to strengthen my case, such as the permit receipt, correspondence with the council, and any relevant laws or guidelines.
  • Appeal Structure: Advice on how to organize the appeal clearly and persuasively, ensuring all necessary details are covered. Should I include all PCNs in a single appeal or would I need to appeal each one individually to the Tribunal?
  • Additional Tips: Any general recommendations or strategies for presenting my case effectively to the tribunal.

Any assistance with this would be greatly appreciated!

Best Regards
SA

Attachments

Share on Facebook Share on Twitter


Incandescent

  • Hero Member
  • *****
  • Posts: 3359
  • Karma: +77/-0
  • Gender: Male
  • Location: Crewe
    • View Profile
The regulations for number plate font is that 'O' and '0'are identical, so it is likely you would win on an appeal at the adjudicators. However, it is not a guaranteed win, I'm afraid. So wait and see what the others say, but I think you have a strong case for all PCNs bar the first PCN to be cancelled as a minimum and hopefully all of them. If you don't want a load of hassle going to London Tribunals,  the council may accept payment of the first one and cancel the rest if you submit reps on the basis you knew nothing was wrong until you receive the first PCN. It all depends on your approach to risk.

"He either fears his fate too much
Or his deserts are small
Who fears to put it to the touch
To win, or lose it all"
Earl of Montrose, 18th Century
Like Like x 1 View List

stamfordman

  • Hero Member
  • *****
  • Posts: 1354
  • Karma: +33/-1
    • View Profile
The 0/O error is routinely allowed on appeal at the tribunal. The rejection letter does not address any of the issues you raised least of all this. It's predatory by the council to target a resident like this and I would take them to the tribunal - if an adjudicator finds in your favour as they should all the PCNs will fall.

But with this number PCNs this needs thought and other views.

Here are some recent cases.

-----------

2240383584
Decision Date 14 Nov 2024

According to the Council there was no valid payment. The correct car registration number is WF09CXV.
Ms Akter entered ‘WFO9CXV’.
It is common ground that the Council received payment. The distinction is trifling .the law is not concerned with a trifle.
In any event, according to the Oxford English Dictionary https://www.oxfordlearnersdictionaries.com/definition/english/o_1?q=o
‘O used to mean ‘zero’ when saying phone numbers, etc.
• My number is six o double three (= 6033).’
The Council has relied on a distinction without a difference.

----------------

2240448963
Decision Date 14 Nov 2024

In Regulation 15 of, and Schedule 4 to, the Road Vehicles (Display of Registration Marks) Regulations 2001 the prescribed font provides that the letter ‘O’ and the digit ‘0’ are identical. Whether or not the Appellant was aware of it the digit “0” correctly represented the letter on his number plate. Although one can understand why the CEO issued the PCN, in fact it was incorrectly issued and the Appeal must be allowed.

-----------

2240419047
Decision Date 17 Oct 2024

Mrs Keating’s written appeal stated’ My son the driver of the vehicle at the time suffers from ADHD and has very mild learning disabilities. And takes various important documents with him . Like for example the V11 tax reminder form . It shows clearly on this government form the difference between a O and 0 .
When you look at this form the number plate clearly shows an O , not a 0 (zero) this is what my son uses to put his registration in . This is massive error on the DVLA part . That is the reason for this appeal on both tickets , my son did not do anything wrong .’
I could not discern the difference on the V11 document.
The Council evidence, including the photographs and notes of the civil enforcement officer , establishes that the car registration plate reads ‘LG09 RVK’.
The Council submitted ‘ although a payment for parking was made through RingGo, this was for vehicle registration LGO9RVK (letter O) and not for LG09RVK (number 0). It is the responsibility of the driver to ensure they make payment for the correct vehicle registration. Whilst we appreciate that payment for parking had been made at the time of the contravention, as this parking session was allocated the wrong VRM, the parked vehicle did not have a valid parking session, thus the contravention is deemed to have occurred.’
The Ringgo text issued to Mr Keating junior’s phone read ‘LG09 RVK’.
There is no realistic prospect that another car was parked , that Mr Keating gained any unfair benefit or that the Council lost money or suffered any real inconvenience.
The Concise Oxford English Dictionary page 984 reads:
‘O.. the fifteenth letter in the alphabet……….. also zero (in a series of numerals, especially when spoken’
The Council relies on a blurred distinction without a real difference.
This is a trifling matter. The law is not concerned with a trifle.

-------------

2240412933
Decision Date 22 Oct 2024

This PCN was issued for the alleged contravention of being parked in a resident's or shared use parking bay or zone in Wolsey Close without a valid virtual permit or without clearly displaying a valid physical permit or voucher or pay and display ticket where required or without payment of the parking charge.
I have looked at the CEO's photographs and these show that the appellant's car was parked in the shared use bay. It is not in dispute that a payment to park had been made or that the session remained current at the time of issue of the PCN. The Council says that the payment was made for the incorrect vehicle registration because the letter O was entered as 0. The keyboard entry 0 may denote a zero but it may, in my judgement, properly be read in the alternative as a letter. If someone wrote 0, it could properly be read as a zero or as the letter of the alphabet. I find that the alleged contravention did not occur.
There is also no evidence of any warning signage to motorists telling them that they will be liable to receive a PCN if a payment is made for the incorrect vehicle registration. There are still many car parking areas which do not even require the entry of a vehicle registration and it must be made clear to motorists where a failure to enter a correct registration may result in the issue of a PCN.
I allow the appeal for these reasons.

-------------

2240452097
Decision Date   12 Nov 2024

This PCN was issued for the alleged contravention of being parked in a resident's or shared use parking bay or zone in Allington Road without a valid virtual permit or without clearly displaying a valid physical permit or voucher or pay and display ticket where required or without payment of the parking charge.
I have looked at the CEO's photographs and these show that the appellant's car was parked in the resident permit holder only use bay. It is not in dispute that a 10 hour visitor's permit had been purchased with the session having having commenced at 8.30am. The Council says that the payment was made for the incorrect vehicle registration because the letter O was entered as 0. The keyboard entry 0 may denote a zero but it may, in my judgement, properly be read in the alternative as a letter. If someone wrote 0, it could properly be read as a zero or as the letter of the alphabet. I find that the alleged contravention did not occur.
« Last Edit: December 11, 2024, 12:17:07 pm by stamfordman »
Love Love x 1 View List

lemonade_7

  • Newbie
  • *
  • Posts: 2
  • Karma: +0/-0
    • View Profile
Thanks for the notes and case documents. It would seem that this is quite a common issue and definitely something I can take forward. In terms of the tribunal appeal, should I be using these cases as evidence?

Should I ask for a postal decision or is it better to have an an in person/telephone hearing for such the appeal?

John U.K.

  • Moderator
  • *****
  • Posts: 1222
  • Karma: +23/-1
    • View Profile
Quote
Should I ask for a postal decision or is it better to have an an in person/telephone hearing for such the appeal?

We never, ever recommend a postal decision, as the appellant is unable to answer any questions the adjudicator may have, nor make any additional points to the adjudicator.
Love Love x 1 View List