Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: bsmythe1 on January 17, 2025, 03:48:31 pm

Title: Re: Fairfield Rd Car Park, Beckenham Code: 73
Post by: Incandescent on January 20, 2025, 10:01:54 pm
Discount does seem the best option based on what you have told us so far.
Title: Re: Fairfield Rd Car Park, Beckenham Code: 73
Post by: bsmythe1 on January 20, 2025, 06:11:25 pm
You said you 'totally forgot to pay' but now you say you paid? What time?

Correct, no payment was made. I forgot completely to pay online via phone, after leaving the car park.
Title: Re: Fairfield Rd Car Park, Beckenham Code: 73
Post by: stamfordman on January 19, 2025, 10:36:32 pm
You said you 'totally forgot to pay' but now you say you paid? What time?
Title: Re: Fairfield Rd Car Park, Beckenham Code: 73
Post by: bsmythe1 on January 19, 2025, 09:47:42 pm
You asked for discretion and they didn't buy it. You can try again at formal stage but it may be best to bail out with the £30 discount.

Did you just leave the car park without paying?

Thanks. Yes left the car park to pay online, soon after. As I’m bang to rights, it makes complete sense to pay at discount.
Title: Re: Fairfield Rd Car Park, Beckenham Code: 73
Post by: Incandescent on January 17, 2025, 08:40:10 pm
The damage to the car is, unfortunately, a mitigation argument for cancellation, and they've played hard-ball and insisted on payment. So you can either pay the £30 or wait for the Notice to Owner and submit reps again. The discount option is gone at this stage, although many councils re-offer it. Be aware that adjudicators cannot consider mitigation.  Frankly, I don't think you have a strong case.
Title: Re: Fairfield Rd Car Park, Beckenham Code: 73
Post by: stamfordman on January 17, 2025, 04:20:53 pm
You asked for discretion and they didn't buy it. You can try again at formal stage but it may be best to bail out with the £30 discount.

Did you just leave the car park without paying?
Title: Fairfield Rd Car Park, Beckenham Code: 73
Post by: bsmythe1 on January 17, 2025, 03:48:31 pm
Hi, parked in Fairfield Rd Car Park, Beckenham, and was at the machine making a note of the location number to pay online, when another vehicle hit my parked car. After swapping contact details, I totally forgot to pay, and therefore received a pcn.

I appealed to Bromley Council apologising, and requested cancellation, on these grounds but unsurprisingly got a NoR.

Looking again at the pcn, I’ve noticed the observation time is noted as 4mins 18:24 - 18:28.
Is this or any other grounds for further appeal?

TIA

[attachment deleted by admin]