Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: PECFRO on March 20, 2025, 10:44:52 am
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See this thread about the contravention of not paying for free parking. They could have issued a different contravention for no valid ticket.
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https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/london-borough-of-redbridge-cameron-road-ig3-parked-without-payment-of-parking/
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Similar, but they have added a requirement to validate at machine or ringo, it is not obvious and is indicated by a star that looks like a dirty mark.You can also see that the requirement is on a sticker, probably in response to this previous appeal.
(https://live.staticflickr.com/65535/54398764199_40169e8a0b.jpg) (https://flic.kr/p/2qT2Tnz)Car park sign edited (https://flic.kr/p/2qT2Tnz), on Flickr
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This could be a similar case.
There is also the nonsense of the contravention of not paying for something that is free - we have other cases on this.
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Case reference 2240441669
Appellant June Rosetta Greenhalf
Authority London Borough of Havering
VRM AC03JAG
PCN Details
PCN HG34158396
Contravention date 29 May 2024
Contravention time 12:20:00
Contravention location Keswick Avenue Car Park
Penalty amount GBP 60.00
Contravention Parked without payment of the parking charge
Referral date -
Decision Date 05 Nov 2024
Adjudicator Sean Stanton-Dunne
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice and the Notice to Owner.
Reasons Mrs Greenhalf has attended the hearing today with her husband, Mr Keith Greenhalf.
This PCN was issued for the alleged contravention of being parked in Keswick Avenue Car Park without payment of the parking charge.
Mrs Greenhalf says that the car was parked for around 15 minutes and the CEO recorded a 6 minute observation period before the PCN was issued. The signage for the car park confirms that the first 30 minutes of parking is free. I accept Mrs Greenhalf's evidence. It follows that there was no parking charge payable.
I have also looked at the images of the tariff board supplied by Mrs Greenhalf. I can see no instruction to motorists that they must register a parking session with Ringo to have the benefit of the free parking period and the conditions of use do not warn motorists of any liability to receive a PCN for failing to register a free parking session.
I allow the appeal for these reasons.
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The driver visited the car park which is adjacient to a Tesco superstore. The car park offers 30 mins parking for free, but specifies, non obviously, that you must validate "at machine," the driver, being in a bit of a state after a medical appointment, missed this and got a ticket.
We have a reciept from Tesco and goole maps timeline evidence of a 28 min stay 09:55-10:23 (ticket issued at 10:10). The driver has a blue badge application in progress.
It appears to me that the requirement to validate the 30 mins free parking is not clearly conveyed and the ticket stating "parked without payment of parking charge" is invalid as no charge was payable.
Do I stand any chance of beating this?
Ticket Front
(https://live.staticflickr.com/65535/54398500896_b93431f494.jpg) (https://flic.kr/p/2qT1x6S)IMG_20250320_0001 (https://flic.kr/p/2qT1x6S) on Flickr
Ticket back
(https://live.staticflickr.com/65535/54398862190_71e0c7581d.jpg) (https://flic.kr/p/2qT3ov5)IMG_20250320_0003 (https://flic.kr/p/2qT3ov5) , on Flickr
Sign
(https://live.staticflickr.com/65535/54398862170_7a3f7ddccc.jpg) (https://flic.kr/p/2qT3ouJ)Car park sign (https://flic.kr/p/2qT3ouJ) , on Flickr
Streetveiw
https://maps.app.goo.gl/dWB96RXU1e8AGprz9