Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Potatoman87 on April 01, 2024, 07:47:45 pm

Title: Re: PCN - 06, Havering
Post by: cp8759 on May 02, 2024, 10:04:49 pm
I would definitely wait for the notice to owner.
Title: Re: PCN - 06, Havering
Post by: Incandescent on May 01, 2024, 02:44:05 pm
The usual Fob-Off letter that we see so often on this forum !

The next step is to wait for the Notice to Owner, and submit a formal representation against it. Looking at cp8759's representation draft, I would say take them all the way, rather than just cough-up, but it's your decision.
Title: Re: PCN - 06, Havering
Post by: Potatoman87 on May 01, 2024, 11:53:00 am
Received a response / fob off today. Frustrating but if they insist on going down this route….

What would next steps be please?

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Title: Re: PCN - 06, Havering
Post by: Potatoman87 on April 02, 2024, 01:45:38 pm
Thank you, I will give that a try!
Title: Re: PCN - 06, Havering
Post by: cp8759 on April 01, 2024, 10:13:07 pm
Well the CEO observed the car form 4:20 and the restriction ends at 5 pm. If you'd got a session at 4:20 it would have expired at 4:50, and owing to the statutory grace period no PCN could have been issued before 5 pm, by which time the restriction would have ended anyway. It can thus be taken that you derived no advantage in not obtaining a session earlier.

Still, the key point would appear to be that it is not possible to display a ticket as the council has not provided a facility for one to be provided. The traffic order is The Havering (Parking Places) (Map Based) (Consolidation) Order 2018 (https://drive.google.com/file/d/1mCDHfuh3evbDjJun8qkkI3PP1B-bYVwK/view) which is surprisingly vague as to what the requirements are when it comes to payment.

Here is a draft representation:

Dear London Borough of Havering,

When I first parked I had poor reception so I sought a WI-FI connection to initiate a ticketless session via RingGo, unfortunately I had to download and set up the app and this took a few minutes, I attach a screenshot of my payment receipt.

As no payment is required for the first 30 minutes, and the pargkin restrictions end in any event at 5 pm, you can see I have derived no advantage and the council has not lost any income.

Furthermore the allegation on the penalty charge notice is for failure to display, but this is essentially a meaningless allegation for a location at which it is not possible to obtain anything that can be displayed, as only ticketless options are available.

In light of the above I trust you will agree to cancel the penalty charge notice.

Yours faithfully,

Make sure to upload your payment receipt and keep a screenshot of the confirmation page. The council will almost certainly issue a fob-off rejection, but we have to go through the motions.
Title: Re: PCN - 06, Havering
Post by: Potatoman87 on April 01, 2024, 09:33:45 pm
@Potatoman87 also please can we see a receipt of your parking session?




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Title: Re: PCN - 06, Havering
Post by: cp8759 on April 01, 2024, 08:28:27 pm
@Potatoman87 also please can we see a receipt of your parking session?
Title: Re: PCN - 06, Havering
Post by: cp8759 on April 01, 2024, 08:05:57 pm
@Potatoman87 where were you when you were buying the parking session?

In any case they've used the wrong contravention wording, as you cannot display a virtual ticket, see the recent decision in Lydia Russo v Plymouth City Council (PL00004-2401, 12 March 2024) (https://drive.google.com/file/d/1WW83Desv43qE8aviq2wez1KRsivNCqME/view).

Of course the council will never accept that they've done anything wrong, so this will have to go to the tribunal to get overturned.
Title: PCN - 06, Havering
Post by: Potatoman87 on April 01, 2024, 07:47:45 pm
Received a PCN for not displaying a valid ticket, while parked in a marked bay. I had to download the RingGo app, but had limited signal to do so, by the time it had downloaded I had returned to the vehicle, to find a ticket.

The space has 30 mins free parking, I just hadn’t input my reg in time.

Is it worth an appeal?

(https://imagizer.imageshack.com/v2/465x926q90/r/924/GAcsZP.jpg)

(https://imagizer.imageshack.com/v2/492x656q70/r/924/hHF7g2.jpg)

(https://imagizer.imageshack.com/a/img922/8115/mCdaS1.jpg)

(https://imagizer.imageshack.com/v2/324x656q70/r/923/gu3JMW.jpg)

https://maps.app.goo.gl/YmpgHWhMT89wL5qQ8?g_st=ic (http://)