Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: D23 on March 27, 2025, 11:42:09 pm
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Thank you for telling us, we always like to know the outcome. Here is the decision 2250111161 by Adjudicator Greenslade
At this scheduled personal hearing the Appellant appeared in person via MS Teams.
The Enforcement Authority did not attend and was not represented, either in vision, by telephone, or in person.
A contravention can occur if a vehicle is parked in a payment parking bay during controlled hours, without payment of the parking charge.
There appears to be no dispute that the vehicle was parked in this bay, or that the Penalty Charge Notice was issued to it, as shown in the photographs/digital images produced by the Enforcement Authority.
The Appellant’s case is that the vehicle broke down and members of the public helped him moved out of the way whilst he called the Automobile Association (AA) breakdown service. The Appellant says that when the mechanic called him, he went out to the main road to direct him in and return to find the Penalty Charge Notice issued. The civil enforcement officer records observing the vehicle for three minutes.
The Appellant has produced a copy of the breakdown report, although the Enforcement Authority appear to have issues with this.
I have had the opportunity of hearing the Appellant personally and will on balance accept what he tells me in this regard.
The Adjudicator is only able to decide an appeal by making findings of fact on the basis of the evidence actually produced by the parties and applying relevant law.
Considering carefully all the evidence before me I will find that, at the material time, the vehicle was prevented from being moved due to circumstances beyond the control of the driver.
Accordingly, this appeal must be allowed.
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Your case shows as an example of why we always tell people not to have a papers-based adjudication. Attendance at a hearing (by video) means the adjudicator can speak with you and ask questions. It's also disgraceful that the council took you this far, when you had irrefutable evidence of the breakdown.
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Hi everyone,
Just wanted to post a final update and thank those who followed and supported my case.
I’m happy to say that I won the appeal at the Environment & Traffic Adjudicator tribunal! 🚗✅
Quick Recap:
My car broke down near the entrance to Hainault Forest and I managed to move it into a bay to avoid blocking traffic.
I was waiting for the AA recovery service, hazard lights were on, and I briefly stepped away to flag down the mechanic.
In that short moment, a PCN was issued within just 3 minutes.
I appealed twice to the council, both were rejected.
I then escalated the case to London Tribunals for a hearing via MS Teams.
What Happened at the Tribunal:
The council did not attend the hearing.
I appeared via video, explained the full situation, and submitted my AA breakdown report and supporting images.
The adjudicator accepted my version of events and stated that the vehicle was prevented from being moved due to circumstances beyond my control.
He ruled in my favour and directed the London Borough of Redbridge to cancel the PCN and refund any payments if made.
Final Thoughts:
If you’re ever in a similar situation, gather as much evidence as possible (breakdown reports, photos, timeline, etc.) and stick to the truth. The process can be frustrating when councils reject solid appeals, but the tribunal is fair if you have your facts straight.
Thanks again to the community—hopefully this gives hope to anyone fighting a similar case. Feel free to reach out if you need tips on presenting your appeal.
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Where are the formal reps, their NOR and whatever you've already submitted to ETA please.
We need to know what you've already acknowledged before suggesting any further reps.
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You should win this on circumstances beyond your control. Hopefully though the council won't contest the appeal.
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Why didn't you pay?
Your car being broken down doesn't mean you can't use your phone to pay for the space you pushed it into.
I didn’t pay because my car had broken down, and I was standing by it rather than using their services. I had to either leave the car where it initially broke down or move it to a safer location. Since my family was with me, simply waiting there wasn’t an option.
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tribunal letter
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heres a map of the location and incident
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Why didn't you pay?
Your car being broken down doesn't mean you can't use your phone to pay for the space you pushed it into.
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Hi everyone,
I need some advice regarding a parking ticket I received while my car was broken down. Despite appealing twice to the council and providing evidence, my appeals were rejected, and I now have a tribunal hearing scheduled via MS Teams on 6th May 2025 at 14:00.
Background of the Incident
A few weeks ago, my car had been experiencing breakdowns in various locations. On 14th December 2024, I was driving to Hainault Forest when my car broke down right at the park entrance, blocking traffic. To avoid causing obstruction, I managed to push the car and drive it briefly after it cooled down, moving it into a parking bay.
While waiting for the AA breakdown service to arrive and tow my car, I had my hazard lights on. At one point, I stepped away briefly to flag down the AA technician as there were many cars around, and I wanted to ensure he found me. When I returned, a PCN had been issued within just 3 minutes (15:29 - 15:32).
I immediately found the Civil Enforcement Officer and explained my situation, but he refused to cancel the ticket.
Appeal Process So Far
I appealed twice to the council, providing details of the breakdown and explaining that I was not intentionally parked but waiting for a tow.
The council rejected my appeals, claiming I was "waiting for a repair," which is incorrect—I was broken down and awaiting recovery.
I have now appealed to the Environment & Traffic Adjudicators (London Tribunals) and have a hearing scheduled.
Evidence I Have
Breakdown report from the AA, confirming my car had to be towed home.
Photos of the AA technician inspecting my car at the scene.
Images of my car with hazard lights on at the time of the ticket.
Timeline evidence showing the ticket was issued within 3 minutes—barely enough time for a normal parking process.
My Concerns & Questions
Should I stick to the arguments I have made so far?
Is there anything else I can add to strengthen my case?
What should I expect during the tribunal hearing?
Has anyone else experienced a similar case and won?
Any advice on how to approach this tribunal hearing would be greatly appreciated. I genuinely believe this ticket was unfair, as I was broken down, not parked by choice.
Thanks in advance for any help!
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