Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Nti on March 07, 2025, 11:13:21 am
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The tribunal can't use mitigation if the council turns down formal reps and insist on £50.
I think they should be put to the test of government guidance for fairness as you did retest the machine and I presume you had a good reason for you and your children to park there, and for the council to insist you have to go away is poor.
Their main get out is probably why you didn't use the pay by phone app - is there reason you didn't?
Ok, thank you for your reply, Stamfordman.
Yes. I can’t focus well on screens. I always ask my husband to pay for me when I get to the car park and park, by calling him using the phone if one of the children fall asleep in the car for instance, when it is connected to the car. I have proof my card had been working and honestly believed it was just a printing error. I put the ticket receipt in the window to show a printing error. When I saw the ticket I honestly had been so surprised. Then I thought if I let them know the machine had a fault and got back to them with an appeal quickly asking to pay for the parking by explaining what happened and that I had been feeling unwell they would allow me to repay for the parking fee if it had not reached them and it would be ok. I had no idea it would be like this.
The only thing they have not seen is the video of the machine I have managed to capture giving a void message and machine cancelling transaction when using coins.
Upon speaking to a parking enforcement employee who had been in the car park once he said I could have used the machine in the neighbouring car park, but I would never leave the kids and walk so far away from them and the other car park had been full. I had thought each machine had to be used for that car park area, too.
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The tribunal can't use mitigation if the council turns down formal reps and insist on £50.
I think they should be put to the test of government guidance for fairness as you did retest the machine and I presume you had a good reason for you and your children to park there, and for the council to insist you have to go away is poor.
Their main get out is probably why you didn't use the pay by phone app - is there reason you didn't?
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The letter says they'll accept £25 if received in 14 days of date of their letter, which is 25 Feb. 14 days is not up so if they are demanding £50 - and something has gone wrong with your screenshot - then I think they have shot themselves in the foot and the letter also says you can pay £50 within 28 days of date of PCN so they are in a muddle.
Others will confirm.
In any case there is no point in paying £50 now but you need to ensure you get the NTO through post redirection.
The website shows the correct penalty charge of £25, maybe the app is different?
Thank you for your time and input.
Have received the NTO today via redirection, and the site indeed does show £25 charge now.
Just not sure if what to do next and last day to pay £25 is tomorrow, and again, just doesn’t feel right.
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I have just checked and the council have corrected the amount to £25 - called them yesterday morning to enquire about it and they said they would send to the parking team.
Can I check with Stamfordman if you would or wouldn’t go on for the sake of £25? Thank you.
If appealing once the letter arrives is there anything here that will be taken into account? So far they have told me they operate on a no pay and display ticket on dash equals a ticket. No matter of the machine is not working, mitigating circumstances or health.
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The OP needs to clarify what payment portal they are looking at.
I would go on with this anyway for the sake of £25.
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The letter says they'll accept £25 if received in 14 days of date of their letter, which is 25 Feb. 14 days is not up so if they are demanding £50 - and something has gone wrong with your screenshot - then I think they have shot themselves in the foot and the letter also says you can pay £50 within 28 days of date of PCN so they are in a muddle.
Others will confirm.
In any case there is no point in paying £50 now but you need to ensure you get the NTO through post redirection.
The website shows the correct penalty charge of £25, maybe the app is different?
[attachment deleted by admin]
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The letter says they'll accept £25 if received in 14 days of date of their letter, which is 25 Feb. 14 days is not up so if they are demanding £50 - and something has gone wrong with your screenshot - then I think they have shot themselves in the foot and the letter also says you can pay £50 within 28 days of date of PCN so they are in a muddle.
Others will confirm.
In any case there is no point in paying £50 now but you need to ensure you get the NTO through post redirection.
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I've not looked at this in detail but seems to me they are being silly although the CEO has taken a pic of test parking ticket presumably to show the machine was working.
If the payment demanded now is £50 and within the 14 days for the discount they offered then that's a procedural impropriety - take a screenshot and wait for the NTO - are you the keeper and is the logbook address correct?
(https://i.ibb.co/cSpW3NNq/sw4.jpg)
(https://i.ibb.co/xKt4N1GG/sw3.jpg)
(https://i.ibb.co/tTGHGGQW/sw2.jpg)
(https://i.ibb.co/LDqdmW5k/sw1.jpg)
(https://i.ibb.co/JRKJ3ynh/IMG-6601.jpg)
Hello, Thank you for your reply. I really appreciate the time you have taken.
My husband is the registered keeper. We have moved home. So the letter to follow will be redirected and should be received soon. Am worried to leave to that stage as it will be a definite £50 fine. Have checked again and payment amount is still showing as £50.
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I've not looked at this in detail but seems to me they are being silly although the CEO has taken a pic of test parking ticket presumably to show the machine was working.
If the payment demanded now is £50 and within the 14 days for the discount they offered then that's a procedural impropriety - take a screenshot and wait for the NTO - are you the keeper and is the logbook address correct?
(https://i.ibb.co/cSpW3NNq/sw4.jpg)
(https://i.ibb.co/xKt4N1GG/sw3.jpg)
(https://i.ibb.co/tTGHGGQW/sw2.jpg)
(https://i.ibb.co/LDqdmW5k/sw1.jpg)
(https://i.ibb.co/JRKJ3ynh/IMG-6601.jpg)
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Hello,
I parked in this car park on the 21/1/25. The machine I had thought at the time had a printing error. Just incase I went back to car to try coins and they were returned. I felt unwell, dizzy and nauseous due to new medication, plus my 3 & 6 year old were with me. I left a note in the car with the receipt to show I tried to pay by card and got a ticket. I reported the ticket machine fault on their website. Next, I appealed and they refused this. I have attached the Pcn, display ticket receipt and my letter to them. I would be grateful for any help.
They have communicated I can pay the £25 but feel it isn’t right. I logged in to find the amount is £50, and so have called the council to look at this as the reply letter states £25 if paid with 14days of the 25/2/25.
I have been back to the car park and the machine stated the same errors, both with card and coins. That second time I left the car park and did not park there. I did take a video and at another later date on way past I spoke to the parking enforcement officer and he informed me that I can use the machine in the next car park if the one in the car park (where i got a ticket) is not working.
Pcn: https://drive.google.com/file/d/1VxLzNapnuzb3cbrBkFFvL7S3SejyTFUJ/view?usp=drivesdk (https://drive.google.com/file/d/1VxLzNapnuzb3cbrBkFFvL7S3SejyTFUJ/view?usp=drivesdk)
Payment not taken: https://drive.google.com/file/d/1Gs-k2AgdmNfToFCMpV-mHTA61ytWCCLs/view?usp=drivesdk (https://drive.google.com/file/d/1Gs-k2AgdmNfToFCMpV-mHTA61ytWCCLs/view?usp=drivesdk)
Videos of machine: https://drive.google.com/file/d/1X6_kU5hj5W8g4EakJd6j38twpLmRNdtY/view?usp=drivesdk (https://drive.google.com/file/d/1X6_kU5hj5W8g4EakJd6j38twpLmRNdtY/view?usp=drivesdk)
https://drive.google.com/file/d/1w1Hp_xUEWLBf2HsqLE5H7jxNyT-LTZUD/view?usp=drivesdk (https://drive.google.com/file/d/1w1Hp_xUEWLBf2HsqLE5H7jxNyT-LTZUD/view?usp=drivesdk)
https://drive.google.com/file/d/1KMTnv-9mpOh0Z2rkNRNXPRCOiaOAHalc/view?usp=drivesdk (https://drive.google.com/file/d/1KMTnv-9mpOh0Z2rkNRNXPRCOiaOAHalc/view?usp=drivesdk)
https://drive.google.com/file/d/1xe092cNz4G76y6uzubbQoFB2So9qTD9y/view?usp=drivesdk (https://drive.google.com/file/d/1xe092cNz4G76y6uzubbQoFB2So9qTD9y/view?usp=drivesdk)
Today tried to pay screen shot:https://drive.google.com/file/d/11Mx4MXAOapyhh1cymY7KgO9FIc609OLp/view?usp=drivesdk (https://drive.google.com/file/d/11Mx4MXAOapyhh1cymY7KgO9FIc609OLp/view?usp=drivesdk)
And lastly, appeal reply:
https://drive.google.com/file/d/1roIW0sf0qDbNawFZwZ7jENjUvshiP8rD/view?usp=drivesdk